Guarantees and guarantees should only be valid as long as the funds are returned to the lender or the lender is required to provide loans, and all insurance and guarantees applicable to the original information (. B for example, the business plan or the accountants` report) should not be repeated throughout the life of the facility. As a general rule, there are “standard” trading points that are advanced by borrowers, for example. B a standard definition of major adverse amendments/effects generally refers to the effect that may affect the debtor`s ability to meet his obligations under the facility contract. The borrower may attempt to limit this obligation to his own obligations (and not to other obligations), the borrower`s payment obligations and (sometimes) his financial obligations. Loan contracts are generally written, but there is no legal reason why a loan contract should not be a purely oral contract (although oral agreements are more difficult to enforce). Finally, an agreement on union facilities will contain many provisions concerning a bank of agents and its role. These will often not be of immediate importance to the borrower, but it should consider whether the agent bank can only be replaced by its consent and that the agent bank has sufficient powers to act autonomously to give the borrower the flexibility it needs. A borrower does not wish to obtain the agreement or waiver declarations of a large consortium of lenders. The SBA only charges a commission in advance to the borrower if the loan has a term of fifteen years or more. Commercial and private assets insure each loan until the recovery value is equal to the amount of the loan or until the borrower has mortgaged all the assets as reasonably available. There are many definitions in each facility agreement, but most are either standard – and generally uncontested – or specifically for individual transactions. They should be carefully considered and, if necessary, carefully considered using the lender`s offer letter/offer sheet.
LIBOR: The London Interbank Offered Rate (LIBOR) is a daily benchmark rate based on rates at which banks can borrow unsecured funds from other banks. It is generally defined for the purposes of a facility agreement by reference to a screen interest rate (usually the British Bankers Association interest rate for the currency and the period in question) or at the base rate of the reference bank, which represents the average interest rate at which the Bank can borrow funds on the London interbank market. Representations and guarantees are similar in all facility agreements. They focus on the borrower`s legal capacity to enter into financing agreements and the nature of the borrower`s activity. They will often be broad and the borrower may try to limit them to issues that, if not correct, would have a significant negative effect. This qualification may apply to a large number of insurance and guarantees relating to the borrower`s activities (for example. B litigation, environmental and accounting matters), but will probably not be acceptable to the lender in order to limit the borrower`s ability to enter into financing agreements or with respect to important financial information. Interest: The interest margin should reflect the range set in the lender`s letter of offer/credit sheet. Libor and the bank`s mandatory fees must also be paid.
All provisions relating to the increase or reduction of the interest margin (called “clique margina”) should also correctly reflect the lender`s letter/offer sheet. The lender should only have the right to demand repayment of the loan in the event of a delay and lawsuit.