Line Of Credit Agreement And Note for the United Kingdom

Line Of Credit Agreement And Note Template for England and Wales

A Line of Credit Agreement and Note is a legally binding document under English and Welsh law that establishes a revolving credit facility between a lender and borrower. It sets out the terms under which the borrower may draw down funds up to a specified limit, including interest rates, repayment terms, conditions for drawdown, and any security arrangements. The document combines both the credit facility agreement and the promissory note aspects, making it a comprehensive instrument for flexible borrowing arrangements.

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What is a Line Of Credit Agreement And Note?

The Line of Credit Agreement and Note is commonly used in England and Wales when businesses or individuals require flexible access to funding. This document type combines the functionality of a revolving credit facility with the security of a promissory note, providing both parties with clear terms for drawdown, repayment, and security. It's particularly useful for managing working capital, seasonal cash flow needs, or ongoing business expenses. The agreement complies with English and Welsh banking regulations, FCA requirements, and relevant consumer protection legislation where applicable.

What sections should be included in a Line Of Credit Agreement And Note?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context and purpose of the credit facility, including any relevant relationship history

3. Definitions: Key terms used throughout the agreement including financial terms, parties, and technical definitions

4. Facility Details: Credit limit, interest rate, term and purpose of the facility

5. Drawdown Conditions: Requirements and procedures for accessing the credit, including notice requirements

6. Repayment Terms: Payment obligations, schedule, and method of payment

7. Interest and Fees: Interest calculation methodology, applicable fees, and default interest provisions

8. Events of Default: Circumstances constituting default and consequences thereof

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: General ongoing obligations of the borrower

11. Termination: Circumstances and process for terminating the facility

12. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction

What sections are optional to include in a Line Of Credit Agreement And Note?

1. Security: Details of any collateral or guarantees provided as security for the facility

2. Financial Covenants: Specific financial requirements and ratios the borrower must maintain

3. Insurance Requirements: Specific insurance coverage requirements for the borrower

4. Change of Control: Provisions dealing with changes in ownership or control of the borrower

5. Assignment and Transfer: Rights and restrictions regarding transfer of the facility

What schedules should be included in a Line Of Credit Agreement And Note?

1. Schedule 1 - Drawdown Notice: Standard form for requesting drawdowns under the facility

2. Schedule 2 - Conditions Precedent: List of documents and conditions required before first drawdown

3. Schedule 3 - Repayment Schedule: Detailed payment terms, dates, and amounts if applicable

4. Schedule 4 - Security Details: Detailed description of security arrangements if applicable

5. Schedule 5 - Financial Covenants: Detailed financial covenants and calculation methodologies if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in the UK. Essential if the line of credit is being offered to consumers rather than businesses.

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including the FCA's powers and responsibilities in regulating credit agreements.

Consumer Rights Act 2015: Provides protections for consumers and regulates unfair terms in consumer contracts, including financial agreements.

Unfair Contract Terms Act 1977: Controls unfair terms in contracts, particularly exclusion and limitation clauses, applicable to both business and consumer agreements.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices and requires transparency in business-to-consumer transactions.

FCA Handbook - CONC: Consumer Credit Sourcebook containing detailed rules and guidance for consumer credit firms.

Banking Act 2009: Regulates banking services and provides framework for bank regulation and oversight in the UK.

Payment Services Regulations 2017: Governs payment services, including rules about transparency of payment terms and conditions.

Money Laundering Regulations 2017: Sets requirements for customer due diligence and anti-money laundering procedures in financial transactions.

Late Payment of Commercial Debts Act 1998: Regulates interest charges on late payments in commercial transactions.

Law of Property Act 1925: Relevant for secured lending arrangements and property-related aspects of credit agreements.

UK GDPR and Data Protection Act 2018: Governs the processing of personal data and privacy rights of individuals in credit agreements.

Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and capacity to contract.

Financial Collateral Arrangements Regulations 2003: Regulates security arrangements in financial transactions, particularly relevant for secured credit facilities.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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