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Loan Facility Agreement Template for Canada

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Key Requirements PROMPT example:

Loan Facility Agreement

I need a bilateral Loan Facility Agreement under Canadian law for a secured term loan of CAD 5 million to a manufacturing company, with quarterly repayments starting March 2025 and including standard covenants and security over the borrower's equipment and inventory.

Document background
The Loan Facility Agreement is a crucial financing document used when a lender provides credit facilities to a borrower in Canada. This agreement is essential for both corporate and commercial lending transactions, establishing the fundamental terms of the lending relationship. Subject to Canadian federal and provincial laws, including the Bank Act, Interest Act, and applicable provincial security legislation, the document comprehensively details the facility's structure, utilization mechanics, security arrangements, and the parties' ongoing obligations. The agreement is particularly vital for businesses seeking growth capital, working capital facilities, or project financing, and can be structured as either bilateral or syndicated arrangements. The Loan Facility Agreement serves as the cornerstone document in lending transactions, incorporating necessary provisions for compliance with Canadian regulatory requirements while protecting both lender and borrower interests.
Suggested Sections

1. Parties: Identification of the lender(s) and borrower(s), and any guarantors

2. Background: Context of the loan facility and purpose of the agreement

3. Definitions and Interpretation: Defined terms, rules of interpretation, and currency conventions

4. The Facility: Core terms of the loan facility including amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Procedures and requirements for utilizing the facility

7. Interest: Interest rates, calculation methods, and payment provisions

8. Repayment: Terms for repayment of principal and interest

9. Prepayment: Provisions for early repayment and any associated fees

10. Representations and Warranties: Borrower's statements of fact and assurances

11. Covenants: Ongoing obligations of the borrower

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Assignment and transfer provisions

14. Administration: Operational aspects of the facility

15. Notices: Communication requirements and methods

16. Miscellaneous: Boilerplate provisions including severability and amendments

17. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

Optional Sections

1. Security: Required if the loan is secured, detailing the security package and enforcement rights

2. Guarantees: Required if there are guarantors, detailing guarantee obligations

3. Syndication Provisions: Required for syndicated facilities, including agency and majority lender provisions

4. Market Disruption: Required for facilities with floating interest rates, addressing market disruption scenarios

5. Increased Costs: Required for longer-term facilities, addressing regulatory changes affecting lenders' costs

6. Tax Gross-Up and Indemnities: Required if tax implications need specific attention, particularly with cross-border lending

7. Multiple Currencies: Required for multi-currency facilities, including currency conversion provisions

8. Accordion Feature: Optional feature allowing for future increase in facility amount

9. Letter of Credit Facility: Required if the facility includes letter of credit issuance

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Drawdown Request: Template for borrower to request facility utilization

3. Calculation of Interest: Detailed methodology for interest calculations

4. Repayment Schedule: Amortization schedule for term facilities

5. Forms of Transfer Certificates: Templates for transferring facility participations

6. Financial Covenants: Detailed financial covenant calculations and definitions

7. Security Documents: Forms of security documents and guarantees

8. Borrower Group Structure: Corporate structure chart of borrower group

9. Existing Security: Details of existing security and permitted encumbrances

10. Form of Compliance Certificate: Template for periodic compliance reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































































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Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Retail

Technology

Healthcare

Energy

Infrastructure

Transportation

Agriculture

Mining

Telecommunications

Construction

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Banking

Business Development

Executive Management

Company Secretariat

Portfolio Management

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Risk Manager

Credit Manager

Relationship Manager

Compliance Officer

Financial Controller

Business Development Manager

Chief Executive Officer

Company Secretary

Banking Officer

Senior Loan Officer

Credit Analyst

Transaction Manager

Portfolio 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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