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. A facility agreement can be subdivided into four sections: any positive obligation that the lender`s facility always takes precedence over the borrower`s other debts may be rejected, as it is not always under the borrower`s control. A negative agreement that the borrower does not take steps to influence the order of priority of the facility may be an acceptable alternative. Renewable loans have a specific limit and no fixed monthly payment, but interest is generated and activated. Businesses with low cash holdings that have to finance their net working capital requirements are generally required for a revolving credit facility that provides access to funds at any time when the entity needs capital. Businesses: they are generally divided into positive, negative and financial bonds. Positive commitments include the obligation to provide financial information to the lender (for example. B audited management accounts). These provisions should be the subject of close discussion with the CFO or another official who provides this information to the lender. Reasonable timelines and provisions regarding the content of these accounts should be included, particularly where there are foreign companies in the group.
Mandatory costs: This formula, which deals with the costs incurred by banks to meet their regulatory obligations, is rarely negotiated. It is made available as a timetable for the agreement of the institutions. However, the interest rate should only apply to libor facilities and not to basic interest facilities, since a bank`s basic interest rate already contains an amount corresponding to the mandatory costs. 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. 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. 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. If z.B. a jewelry store in December, if the turnover is down, has little money, the owner can request an investment worth 2 million U.S. dollars to a bank that will be repaid in full by July, when the transaction attracts. The jeweler uses the funds to continue operating and repays the loan in monthly installments until the agreed date.