Bilateral Loan Agreement for Ireland

Bilateral Loan Agreement Template for Ireland

A comprehensive legal document governed by Irish law that establishes the terms and conditions under which a lender agrees to provide a loan to a borrower. The agreement details the loan amount, interest rates, repayment terms, security arrangements (if any), representations and warranties, covenants, events of default, and other key provisions in compliance with Irish banking regulations and financial services law. It incorporates necessary consumer protection elements where applicable and includes provisions for enforcement under Irish jurisdiction.

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What is a Bilateral Loan Agreement?

The Bilateral Loan Agreement is a fundamental financing document used when one party (the lender) agrees to provide financial accommodation to another party (the borrower) under Irish law. This document type is essential for both commercial and institutional lending, establishing the legal framework for the loan relationship. It encompasses crucial elements such as facility terms, security arrangements, representations, warranties, and covenants, all structured to comply with Irish banking regulations and financial services legislation. The agreement is particularly important in commercial transactions where clear documentation of lending terms, obligations, and remedies is required. It serves as the primary contract governing the loan relationship and can be adapted for various lending scenarios, from corporate financing to asset-specific loans, while maintaining compliance with Irish legal requirements and banking practices.

What sections should be included in a Bilateral Loan Agreement?

1. Parties: Identification and details of the Lender and Borrower

2. Background: Context of the loan arrangement and relationship between parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. The Facility: Details of the loan amount, purpose, and availability

5. Interest: Interest rate, calculation method, and payment terms

6. Repayment: Repayment schedule, methods, and prepayment provisions

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. Events of Default: Circumstances constituting default and consequences

10. Changes to Parties: Assignment and transfer provisions

11. Notices: Communication methods and contact details

12. Calculations and Certificates: Basis for financial calculations and certifications

13. General Provisions: Miscellaneous legal provisions including severability and amendments

14. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction

What sections are optional to include in a Bilateral Loan Agreement?

1. Security: Required if the loan is secured against assets or property

2. Guarantees: Required if there are third-party guarantors

3. Conditions Precedent: Include if there are specific conditions to be met before drawdown

4. Multiple Drawdown Provisions: Include for facilities with multiple drawdown options

5. Tax Gross-Up and Indemnities: Include for cross-border loans or where tax implications are significant

6. Increased Costs: Include where regulatory changes might affect the loan costs

7. Set-off Rights: Include where parties maintain other banking relationships

8. Anti-Money Laundering Provisions: Required for regulated lenders or high-value loans

9. Data Protection: Required when personal data is being processed

10. Break Costs: Include for fixed-rate loans or where early repayment might cause lender losses

What schedules should be included in a Bilateral Loan Agreement?

1. Schedule 1 - Conditions Precedent: List of documents and conditions required before drawdown

2. Schedule 2 - Drawdown Request Form: Template form for requesting loan disbursements

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable

4. Schedule 4 - Interest Rate Calculation: Detailed methodology for interest calculation

5. Schedule 5 - Security Details: Description of any security or collateral

6. Schedule 6 - Fees and Costs: Breakdown of all applicable fees and costs

7. Schedule 7 - Notice Details: Detailed contact information for all parties

8. Appendix A - Form of Compliance Certificate: Template for periodic compliance certification

9. Appendix B - Form of Transfer Certificate: Template for transferring loan interests

10. Appendix C - Key Financial Covenants: Detailed financial metrics and testing methods

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

Ireland

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Commercial Real Estate

Manufacturing

Retail

Technology

Healthcare

Infrastructure

Energy

Agriculture

Transportation & Logistics

Professional Services

Hospitality & Tourism

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit Analysis

Business Development

Operations

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Banking Relationship Manager

Credit Risk Manager

Compliance Officer

Corporate Secretary

Financial Controller

Managing Director

Business Development Manager

Investment Manager

Loan Officer

Risk Assessment Officer

Industries
Consumer Credit Act 1995: Regulates consumer credit and provides protection for borrowers, including requirements for information disclosure and calculation of APR. Essential if one party is a consumer.
Central Bank Act 1942 (as amended): Establishes regulatory framework for financial institutions and lending activities in Ireland.
European Communities (Consumer Credit Agreements) Regulations 2010: Implements EU Consumer Credit Directive, setting out requirements for credit agreements and consumer protection.
Central Bank (Supervision and Enforcement) Act 2013: Provides for supervision and enforcement powers of the Central Bank over regulated financial service providers.
Consumer Protection Code 2012: Sets out rules that regulated entities must follow when dealing with consumers, including lending practices.
Civil Law (Miscellaneous Provisions) Act 2011: Contains various provisions affecting civil law matters including contract law aspects.
Land and Conveyancing Law Reform Act 2009: Relevant if the loan is secured against real property, governing creation and enforcement of security interests.
European Communities (Unfair Terms in Consumer Contracts) Regulations 1995: Protects against unfair terms in contracts, particularly relevant for consumer loans.
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010: Sets out requirements for due diligence and anti-money laundering procedures in financial transactions.
Statute of Limitations 1957: Establishes time limits for bringing legal actions relating to the loan agreement.
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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