The Loan Agreement serves as the primary documentation for lending transactions in Ireland, establishing the legal relationship between lenders and borrowers while ensuring compliance with Irish financial regulations and relevant EU directives. This document is essential for any lending arrangement, whether it involves corporate borrowers, individual consumers, or specific project financing. It contains detailed provisions covering the facility amount, interest calculations, repayment terms, security arrangements, and both parties' obligations. The agreement must incorporate specific requirements under Irish consumer protection laws, financial services regulations, and anti-money laundering provisions, making it suitable for use by financial institutions, private lenders, and businesses engaged in lending activities within Ireland.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan arrangement and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Core loan terms including amount, purpose, and availability
5. Interest: Interest rate, calculation method, payment periods, and default interest
6. Repayment: Repayment terms, schedule, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before the loan is advanced
8. Representations and Warranties: Borrower's confirmations about their status and capacity
9. Covenants: Ongoing obligations of the borrower throughout the loan term
10. Events of Default: Circumstances that trigger default and lender's remedies
11. Changes to Parties: Rules for assignment and transfer of rights
12. Payments: Payment mechanics, currency, and timing
13. Notices: Communication methods and contact details
14. Calculations and Certificates: Rules for calculations and evidential value of certificates
15. General Provisions: Miscellaneous legal provisions including severability and amendments
16. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction
1. Security: Required for secured loans - details of security arrangements and enforcement
2. Guarantee: Required when loan is guaranteed by a third party
3. Insurance: Required when specific insurance coverage is mandatory
4. Tax Gross Up: Include for corporate borrowers or where tax implications need addressing
5. Increased Costs: Include for regulated lenders to address regulatory cost changes
6. Set-off Rights: Include when lender requires explicit set-off rights
7. Multiple Borrowers: Required when there are joint borrowers or corporate group borrowing
8. Data Protection: Enhanced section required for individual borrowers under GDPR
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request loan disbursement
3. Repayment Schedule: Detailed amortization or repayment schedule
4. Form of Transfer Certificate: Template for transferring loan participation
5. Security Documents: List and copies of security documentation (for secured loans)
6. Fees: Detailed breakdown of all applicable fees and charges
7. Interest Calculation Examples: Examples showing interest calculation methodology
8. Required Insurance: Detailed insurance requirements and specifications
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