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1. Parties: Identifies and defines the Lender, Borrower, and any guarantors or security providers
2. Background: Sets out the context of the loan and the purpose for which it is being made
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Facility: Details of the loan amount, purpose, and drawdown conditions
5. Security: Description of assets provided as security and the nature of the security interest
6. Conditions Precedent: Conditions that must be satisfied before the loan becomes available
7. Representations and Warranties: Statements of fact and assurances given by the Borrower
8. Covenants: Positive and negative obligations of the Borrower during the loan term
9. Valuation and Monitoring: Provisions for periodic valuation of security assets and monitoring requirements
10. Interest and Fees: Interest rate, calculation method, fees, and payment terms
11. Repayment and Prepayment: Terms for loan repayment and any early repayment provisions
12. Events of Default: Circumstances constituting default and consequences
13. Enforcement: Lender's rights and remedies upon default
14. Miscellaneous: Standard boilerplate provisions including notices, amendments, and governing law
1. Guarantee: Required when there is a guarantor providing additional security for the loan
2. Insurance: Detailed insurance requirements when specific insurance coverage is required for the secured assets
3. Security Margin and Top-up: Include when the loan-to-value ratio needs to be maintained with provisions for margin calls
4. Syndication: Required when multiple lenders are involved or syndication is contemplated
5. Cross-Default: Include when the borrower has other significant financial obligations that could impact this facility
6. Tax Gross-up: Include when tax implications need to be addressed specifically
7. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
8. Intercreditor Provisions: Required when there are multiple creditors with different security interests
1. Asset Schedule: Detailed description and valuation of all assets provided as security
2. Conditions Precedent Documents: List of all required documents and conditions to be satisfied before drawdown
3. Drawdown Request Form: Standard form for requesting loan disbursements
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Financial Covenants: Specific financial ratios and requirements to be maintained
6. Security Documents: Forms of security documents and filing requirements
7. Fees Schedule: Detailed breakdown of all applicable fees and charges
8. Permitted Security Interests: List of pre-approved security interests that may exist over the assets
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