Undertaking Loan Agreement for Ireland

Undertaking Loan Agreement Template for Ireland

An Irish law-governed Undertaking Loan Agreement is a comprehensive legal document that establishes the terms and conditions under which a lender provides financial facilities to a borrower. The agreement complies with Irish banking regulations and common law requirements, incorporating essential elements such as loan amount, interest rates, repayment terms, security arrangements, and borrower covenants. It includes specific provisions required under Irish financial services legislation and Central Bank regulations, while also addressing EU-derived consumer protection requirements where applicable. The document provides a legally binding framework that protects both lender and borrower interests while ensuring regulatory compliance in the Irish jurisdiction.

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What is a Undertaking Loan Agreement?

The Undertaking Loan Agreement is a critical financial instrument used in the Irish lending market when a lender provides financial facilities to a borrower. It serves as the primary document governing the lending relationship, incorporating all essential terms, conditions, and obligations of the parties involved. The agreement must comply with Irish banking regulations, including the Consumer Credit Act 1995, Central Bank Act 1997, and relevant EU regulations incorporated into Irish law. It is particularly important for commercial lending transactions and requires careful consideration of security arrangements, covenants, and regulatory requirements. The document typically includes detailed provisions on drawdown conditions, repayment terms, events of default, and security arrangements, making it essential for both secured and unsecured lending transactions in Ireland.

What sections should be included in a Undertaking Loan Agreement?

1. Parties: Identification of the Lender and Borrower with full legal names and addresses

2. Background: Context of the loan agreement, including purpose and any relevant pre-conditions

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

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

5. Conditions Precedent: Conditions that must be satisfied before the loan becomes available

6. Drawdown: Procedures and requirements for drawing down the loan

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

8. Repayment: Terms and schedule for repayment of the loan

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

10. Covenants: Positive and negative obligations of the borrower during the loan term

11. Events of Default: Circumstances that constitute default and consequences

12. Indemnities: Borrower's obligations to indemnify the lender

13. Costs and Expenses: Allocation of costs related to the loan and its administration

14. Notices: How formal communications between parties should be made

15. Assignment and Transfer: Rights and restrictions regarding transfer of rights under the agreement

16. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction

17. Execution: Signature blocks and execution formalities

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

1. Security: Include when the loan is secured against specific assets

2. Guarantees: Include when there are third-party guarantors for the loan

3. Insurance: Include when specific insurance requirements are needed for secured assets

4. Financial Covenants: Include for corporate borrowers when financial ratios/tests are required

5. Tax Gross Up: Include when tax implications need to be addressed specifically

6. Multiple Drawdown Provisions: Include when the loan is available in multiple tranches

7. Increased Costs: Include when regulatory changes might affect the lender's costs

8. Market Disruption: Include for floating rate loans to address market disruption scenarios

9. Set-off Rights: Include when the lender requires explicit set-off rights

What schedules should be included in a Undertaking Loan Agreement?

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

2. Schedule 2 - Form of Drawdown Request: Template for the borrower to request loan disbursement

3. Schedule 3 - Repayment Schedule: Detailed payment dates and amounts if term loan

4. Schedule 4 - Financial Covenants Calculations: Formulas and methods for calculating financial covenants

5. Schedule 5 - Security Documents: List and copies of security documents if secured loan

6. Schedule 6 - Fees: Detailed breakdown of all applicable fees

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

8. Appendix B - Form of Transfer Certificate: Template for transferring rights under the agreement

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

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Corporate Finance

Real Estate

Manufacturing

Technology

Healthcare

Retail

Construction

Energy

Infrastructure

Agriculture

Hospitality

Transportation

Education

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Secretariat

Executive Leadership

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Lawyer

Finance Manager

Treasury Manager

Risk Manager

Compliance Officer

Credit Manager

Banking Relationship Manager

Corporate Secretary

Financial Controller

Managing Director

Chief Executive Officer

Commercial Director

Business Development 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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