(iii) the power of the borrower to enter into agreements and to fulfil the obligations set out therein; Suspensive clause: this clause defines the legal, financial and administrative conditions that the borrower must fulfill before the payment of the credit. The definition or interpretation clause: the different key concepts used in the agreement are described in this clause. The existence of a trade union has no influence on certain other provisions of an establishment agreement. For example, there will also be a definition of “majority lenders” whose consent is required for certain acts. It is normal that this definition is two-thirds of unionized banks by referring to the amount of their share in the loan. The borrower should ensure that all syndicated banks are “eligible banks” for the above reasons and, again, appropriate collateral may be appropriate. This practice note explains what are the usual business or covenants and types of businesses that are listed in the facility documentation that mentions a business loan to an investment-level borrower (disclosure requirements, financial covenants, and general obligations). It also takes into account common negotiating points and concerns for both the lender and the borrower. Replacement and guarantee clause: this clause focuses on the legal capacity of the borrower to conclude a credit agreement and ensures that all effective and legal assurances of the borrower are correct at the time of the credit agreement.
Obligations are one of the key clauses of a credit agreement that you should read carefully before entering into a credit agreement. It is especially important to ensure that you can meet any commitments and that they are under your control. There are simple steps you can take to make sure you`re sticking to your loan commitments. For example, by initiating important appointments and ensuring that commitments in your existing credit agreements do not conflict with your current credit agreements. If you have any questions about your credit agreement, contact legalVision`s lawyers at 1300 544 755 or fill out the form on this page. There are generally “standard” negotiating points raised by borrowers, for example.B. a standard definition of significant adverse changes/effects generally relates to the impact that may affect the debtor`s ability to meet its obligations under the Facilities Agreement. The borrower may try to limit this to his own obligations (and not those of other debtors), the borrower`s payment obligations and (sometimes) his financial obligations. In addition to the above-mentioned remedies, the borrower`s failure to comply with an obligation generally constitutes a default in the loan agreement.
If an event of default occurs and extends beyond a specified period (e.g. .B. beyond the additional period), the loan is due and payable immediately at the request of the lender and any guarantee is enforceable. The events of the outage can be: If a loan was $50,000 and these fees represented a small portion of that capital, they may very well be enforceable as liquid damages in accordance with the contract. . . .