Credit And Security Agreement Template for Indonesia

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Key Requirements PROMPT example:

Credit And Security Agreement

"I need a Credit and Security Agreement under Indonesian law for a USD 5 million facility to a manufacturing company, with security over machinery and receivables, and the facility needs to be available for drawdown by March 2025."

Document background
The Credit and Security Agreement serves as a fundamental document in Indonesian financing transactions, combining credit facility provisions with security arrangements in a single integrated agreement. It is typically used when a lender provides financing to a borrower and requires security over specific assets as collateral. The document must comply with Indonesian banking regulations, security laws (including Law No. 42 of 1999 on Fiduciary Security and related regulations), and civil code requirements. It details the credit terms, conditions precedent, security package, maintenance obligations, enforcement mechanisms, and both parties' rights and obligations. The agreement is particularly important in Indonesia's secured lending practice as it provides a comprehensive framework for both the credit relationship and security arrangements, ensuring enforceability under Indonesian law.
Suggested Sections

1. Parties: Identification of the lender and borrower, including their full legal names, registration numbers, and addresses

2. Background: Context of the credit facility and security arrangement, including the purpose of the loan

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Facility: Details of the credit facility including amount, purpose, availability period, and drawdown conditions

5. Interest and Fees: Interest rate, calculation method, payment dates, and applicable fees

6. Repayment and Prepayment: Terms for repayment, prepayment options, and related conditions

7. Security: Description of security package, creation of security interests, and perfection requirements

8. Representations and Warranties: Statements of fact and assurances from the borrower

9. Covenants: Positive and negative obligations of the borrower during the facility period

10. Conditions Precedent: Conditions that must be satisfied before facility utilization

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

12. Enforcement: Rights and remedies of the lender upon default

13. Payments: Payment mechanics, currency, and tax provisions

14. Assignment and Transfer: Rules regarding transfer of rights and obligations

15. Notices: Communication procedures between parties

16. Governing Law and Jurisdiction: Choice of Indonesian law and jurisdiction provisions

17. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability

Optional Sections

1. Syndication Provisions: Required for syndicated facilities involving multiple lenders

2. Intercreditor Provisions: Needed when there are multiple creditors with different priorities

3. Currency Conversion: Required for facilities involving foreign currency

4. Insurance: Detailed insurance requirements when specific assets serve as collateral

5. Tax Gross-Up: Required when cross-border elements exist

6. Corporate Guarantees: When parent company or third-party guarantees are part of the security package

7. Additional Security Rights: For complex security arrangements involving multiple types of assets

8. Bank Product Provisions: When additional banking services are part of the relationship

Suggested Schedules

1. Facility Terms: Detailed terms of the credit facility including amounts, interest rates, and fees

2. Conditions Precedent Documents: List of required documents and conditions for facility utilization

3. Security Assets Schedule: Detailed description of all assets subject to security interests

4. Form of Drawdown Notice: Template for borrower to request facility utilization

5. Repayment Schedule: Detailed amortization schedule if applicable

6. Form of Security Documents: Templates for required security documentation

7. Permitted Security Interests: List of pre-approved security interests that may exist

8. Form of Compliance Certificate: Template for periodic compliance reporting

9. Required Insurance: Details of required insurance coverage for secured assets

10. Financial Covenants: Detailed financial ratios and calculations methodology

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Manufacturing

Real Estate

Infrastructure

Energy

Mining

Agriculture

Technology

Telecommunications

Retail

Healthcare

Transportation

Construction

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit Administration

Corporate Finance

Banking Operations

Security Administration

Documentation

Loan Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Secretary

Risk Manager

Credit Manager

Security Documentation Officer

Compliance Officer

Banking Relationship Manager

Corporate Finance Manager

Financial Controller

Legal Director

Chief Legal Officer

Credit Risk Officer

Security Trustee

Loan Administrator

Account Manager

Industries
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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