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Agreement Between Financier And Company
"I need an Agreement Between Financier And Company for a manufacturing company seeking NGN 500 million in working capital financing from a Nigerian commercial bank, with plant machinery and equipment as collateral, to be executed by March 2025."
1. Parties: Identifies and defines the Financier and the Company with their full legal details
2. Background: Sets out the context of the financing arrangement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Facility Amount and Purpose: Specifies the amount of financing and its intended use
5. Conditions Precedent: Lists conditions that must be satisfied before the financing becomes available
6. Drawdown Mechanics: Details the process and requirements for accessing the funds
7. Interest and Fees: Specifies interest rates, calculation methods, and all applicable fees
8. Repayment Terms: Sets out the repayment schedule and mechanisms
9. Security and Collateral: Details the security arrangements protecting the financier's interests
10. Representations and Warranties: States the legal promises made by the Company about its status and capacity
11. Covenants: Lists ongoing obligations of the Company during the financing period
12. Events of Default: Defines circumstances that constitute default and their consequences
13. Remedies: Outlines the financier's rights and remedies upon default
14. Notices: Specifies how formal communications between parties should be made
15. Governing Law and Jurisdiction: Confirms Nigerian law as governing law and jurisdiction for disputes
16. Boilerplate Provisions: Standard contract clauses including assignment, amendments, and severability
1. Syndication Provisions: Required when multiple financiers are involved or syndication is contemplated
2. Currency Provisions: Needed for financing involving foreign currency elements
3. Islamic Finance Provisions: Required when the financing needs to comply with Islamic finance principles
4. Parent Company Guarantee: Included when a parent company guarantee is part of the security package
5. Inter-creditor Provisions: Required when there are multiple creditors with different priorities
6. Special Purpose Vehicle Provisions: Needed when financing involves an SPV structure
7. Project Finance Provisions: Required for project-specific financing arrangements
8. Step-In Rights: Included when financier requires right to take control in specific circumstances
1. Facility Terms Schedule: Detailed terms of the facility including amounts, interest rates, and fees
2. Conditions Precedent Schedule: Comprehensive list of required documents and conditions
3. Form of Drawdown Notice: Template for the Company to request disbursement of funds
4. Repayment Schedule: Detailed breakdown of repayment dates and amounts
5. Security Documents: List and copies of all security documents
6. Corporate Information: Company's corporate documents and authorizations
7. Financial Covenants Schedule: Detailed financial ratios and requirements
8. Permitted Security Interests: List of pre-approved security interests
9. Form of Compliance Certificate: Template for periodic compliance reporting
10. Required Insurance Schedule: Details of insurance policies to be maintained
Authors
Agreement
Applicable Law
Authorisation
Available Facility
Banking Day
Borrower
Business Day
CAMA
Change of Control
Charged Assets
Conditions Precedent
Confidential Information
Default
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Facility Amount
Final Repayment Date
Finance Documents
Financial Indebtedness
Financial Statements
Financier
Governing Law
Group
Insurance Proceeds
Interest Payment Date
Interest Period
Interest Rate
Material Adverse Effect
Naira
Notice
Parties
Permitted Security Interest
Potential Event of Default
Repayment Date
Repayment Schedule
Secured Obligations
Security
Security Documents
Security Interest
Subsidiary
Tax
Transaction Documents
Utilisation
VAT
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Fees
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Severability
Assignment
Force Majeure
Anti-Money Laundering
Sanctions Compliance
Foreign Exchange
Tax
Costs and Expenses
Indemnities
Governing Law
Dispute Resolution
Entire Agreement
Third Party Rights
Banking and Financial Services
Manufacturing
Real Estate and Construction
Oil and Gas
Telecommunications
Agriculture
Mining
Technology
Healthcare
Retail and Consumer Goods
Infrastructure
Transportation and Logistics
Energy
Entertainment and Media
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit
Executive Management
Corporate Finance
Business Development
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Treasury Manager
Financial Controller
Risk Manager
Compliance Officer
Company Secretary
Managing Director
Chief Executive Officer
Commercial Director
Credit Risk Officer
Finance Manager
Legal Director
Transaction Manager
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