Business Finance Agreement for Nigeria

Business Finance Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions for business financing between a lender and a borrower. The document outlines the facility amount, interest rates, repayment terms, security arrangements, and obligations of all parties involved. It incorporates requirements from key Nigerian legislation including CAMA 2020 and BOFIA 2020, ensuring compliance with local banking regulations and financial sector requirements. The agreement includes provisions for drawdown conditions, representations and warranties, financial covenants, and events of default, providing a robust framework for commercial financing transactions in the Nigerian market.

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What is a Business Finance Agreement?

The Business Finance Agreement is a fundamental document used in Nigerian commercial lending transactions when a business entity seeks financing from a financial institution. It serves as the primary contract governing the lending relationship, incorporating requirements from Nigerian financial regulations, including the Companies and Allied Matters Act 2020 and Banks and Other Financial Institutions Act 2020. The agreement is essential for various financing purposes, including working capital, asset acquisition, expansion projects, or refinancing existing debt. It contains detailed provisions on facility terms, security arrangements, conditions precedent, representations, covenants, and enforcement mechanisms, tailored to comply with Nigerian law while following international banking practices. This document is particularly crucial in the Nigerian context where formal documentation of financing arrangements is required for regulatory compliance and enforcement.

What sections should be included in a Business Finance Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the purpose of the financing and brief description of the business relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Facility Amount and Purpose: Specification of the amount being financed and its intended use

5. Interest and Fees: Details of interest rates, calculation methods, and all applicable fees

6. Drawdown Conditions: Conditions precedent and procedures for accessing the financing

7. Repayment Terms: Schedule and methods of repayment, including early repayment provisions

8. Security: Details of any collateral, guarantees, or other security arrangements

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

10. Covenants: Ongoing obligations of the borrower throughout the term of the agreement

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

12. Boilerplate Clauses: Standard legal provisions including notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Business Finance Agreement?

1. Currency Provisions: Required when financing involves multiple currencies or foreign exchange considerations

2. Islamic Finance Provisions: Required when the financing needs to comply with Islamic finance principles

3. Syndication Provisions: Required when the financing may be syndicated to multiple lenders

4. Tax Provisions: Detailed section required when complex tax implications exist or cross-border elements are involved

5. Insurance Requirements: Detailed section required when specific insurance coverage is crucial to the financing

6. Step-In Rights: Required when lender needs right to take control of certain assets or operations in specific circumstances

What schedules should be included in a Business Finance Agreement?

1. Drawdown Schedule: Detailed schedule of drawdown dates, amounts, and conditions

2. Repayment Schedule: Detailed amortization schedule showing payment dates and amounts

3. Security Details: Comprehensive list and description of all security assets and arrangements

4. Conditions Precedent: Checklist of all documents and conditions required before drawdown

5. Financial Covenants: Detailed financial ratios and thresholds to be maintained

6. Form of Drawdown Notice: Template for borrower to request drawdown of funds

7. Form of Compliance Certificate: Template for periodic certification of covenant compliance

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

Nigeria

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Manufacturing

Real Estate

Agriculture

Oil & Gas

Telecommunications

Construction

Retail

Technology

Healthcare

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Commercial

Corporate Secretariat

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Lawyer

Treasury Manager

Financial Controller

Risk Manager

Compliance Officer

Credit Manager

Commercial Director

Business Development Manager

Company Secretary

Finance Manager

Transaction 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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