The Promissory Note Loan Agreement is commonly used in Swiss financial transactions where parties seek to combine the detailed terms of a loan agreement with the transferability advantages of a promissory note. This document type is particularly useful for business financing, real estate transactions, and other commercial lending situations where the lender may want the option to transfer or negotiate the debt instrument. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations, and typically includes detailed terms about the loan amount, interest calculation, repayment schedule, and enforcement provisions. It's especially relevant when parties need a robust legal framework for the loan while maintaining flexibility for potential future transfer or securitization of the debt.
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1. Parties: Identification of the lender and borrower with full legal names, addresses, and registration details if applicable
2. Background: Context of the loan agreement and the relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Currency: Specification of the principal amount and currency of the loan
5. Interest Rate: Details of the applicable interest rate, calculation method, and payment periods
6. Promissory Note Terms: Specific provisions relating to the promissory note including form requirements under Swiss law
7. Drawdown and Disbursement: Conditions and process for disbursement of the loan amount
8. Repayment Terms: Schedule and method of repayment, including any installment provisions
9. Events of Default: Circumstances constituting default and consequences thereof
10. Representations and Warranties: Standard declarations by the borrower about their legal and financial status
11. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured by collateral or other assets
2. Guarantees: Include when there are third-party guarantees for the loan
3. Insurance Requirements: Include when specific insurance coverage is required for secured assets
4. Financial Covenants: Include for corporate borrowers when ongoing financial requirements need to be maintained
5. Tax Provisions: Include when specific tax considerations need to be addressed
6. Assignment and Transfer: Include when transfer rights of the promissory note need to be specifically regulated
7. Early Repayment: Include when early repayment options and penalties need to be specified
8. Use of Proceeds: Include when the loan must be used for specific purposes
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Promissory Note: Template of the promissory note meeting Swiss law requirements
3. Security Details: Description of any collateral or security interests if applicable
4. Conditions Precedent: List of documents and conditions required before disbursement
5. Drawing Notice: Form of notice for requesting loan disbursement
6. Compliance Certificate: Template for periodic confirmation of compliance with loan terms
Relevant legal definitions
Agreement
Applicable Law
Banking Day
Borrower
Business Day
CHF
Conditions Precedent
Default Interest
Default Interest Rate
Drawing Date
Drawing Notice
Early Repayment
Event of Default
Financial Indebtedness
Financial Statements
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Party/Parties
Payment Date
Permitted Security
Principal Amount
Promissory Note
Repayment Date
Repayment Schedule
Security
Security Document
Swiss Francs
Swiss Law
Tax
Transfer
Utilization
Utilization Date
Utilization Request
VAT
Applicable Law
Banking Day
Borrower
Business Day
CHF
Conditions Precedent
Default Interest
Default Interest Rate
Drawing Date
Drawing Notice
Early Repayment
Event of Default
Financial Indebtedness
Financial Statements
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Party/Parties
Payment Date
Permitted Security
Principal Amount
Promissory Note
Repayment Date
Repayment Schedule
Security
Security Document
Swiss Francs
Swiss Law
Tax
Transfer
Utilization
Utilization Date
Utilization Request
VAT
Clauses
Interpretation
Loan Facility
Purpose
Promissory Note
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Representations
Warranties
Covenants
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments
Confidentiality
Counterparts
Severability
Assignment
Governing Law
Jurisdiction
Enforcement
Waiver
Force Majeure
Costs and Expenses
Indemnities
Tax Gross-up
Currency
Term
Loan Facility
Purpose
Promissory Note
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Representations
Warranties
Covenants
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments
Confidentiality
Counterparts
Severability
Assignment
Governing Law
Jurisdiction
Enforcement
Waiver
Force Majeure
Costs and Expenses
Indemnities
Tax Gross-up
Currency
Term
Relevant Industries
Banking & Financial Services
Real Estate
Commercial Property
Manufacturing
Retail
Technology
Healthcare
Construction
Agriculture
Professional Services
Education
Hospitality
Transport & Logistics
Energy
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit Administration
Business Development
Investment
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Credit Officer
Risk Manager
Treasury Manager
Financial Controller
Compliance Officer
Corporate Secretary
Commercial Director
Business Development Manager
Investment Manager
Portfolio Manager
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