The Finance Contract serves as the primary documentation for financial facilities in Ireland, establishing the legal relationship between lenders and borrowers while ensuring compliance with Irish financial services regulations. This document is essential for various financing arrangements, from corporate lending to specific project financing, and must adhere to requirements set by the Central Bank of Ireland and relevant EU directives. The contract typically includes comprehensive provisions covering facility terms, security arrangements, regulatory compliance, and risk allocation. It's specifically designed to operate under Irish law jurisdiction, incorporating necessary provisions for enforcement and dispute resolution within the Irish legal system. The document structure allows for customization based on specific financing needs while maintaining compliance with mandatory regulatory requirements.
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1. Parties: Identification and details of the financial institution and borrower/counterparty
2. Background: Context of the financing arrangement and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. The Facility: Core terms of the financial facility including amount, purpose, and availability
5. Interest and Fees: Interest rate provisions, calculation methods, and applicable fees
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
7. Conditions Precedent: Conditions that must be satisfied before drawdown
8. Representations and Warranties: Standard declarations by the borrower about their status and capacity
9. Covenants: Ongoing obligations of the borrower, including financial covenants
10. Events of Default: Circumstances constituting default and consequences
11. Changes to Parties: Assignment and transfer provisions
12. Payments and Calculations: Payment mechanics, calculations, and business day conventions
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Irish law provisions and jurisdiction for disputes
1. Security: Required for secured facilities, detailing security arrangements and enforcement
2. Guarantee: Include when third-party guarantees are part of the arrangement
3. Regulatory Compliance: Detailed compliance provisions for regulated lending activities
4. Tax Gross-Up and Indemnities: Include for cross-border transactions or where tax implications are significant
5. Increased Costs and Market Disruption: For longer-term facilities or where market conditions may impact the facility
6. Set-off Rights: Include where parties maintain multiple relationships or accounts
7. Syndication Provisions: Required for syndicated facilities with multiple lenders
8. Data Protection: Detailed GDPR compliance provisions where significant personal data is processed
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for requesting disbursements under the facility
3. Repayment Schedule: Detailed amortization or repayment schedule
4. Financial Covenants: Detailed financial covenant calculations and reporting requirements
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Security Documents: Forms of security documents and perfection requirements
7. Fees Schedule: Detailed breakdown of all applicable fees
8. Notice Details: Comprehensive contact information for all parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Corporate Lending
Real Estate
Infrastructure
Manufacturing
Technology
Healthcare
Retail
Energy
Agriculture
Transportation
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Banking
Commercial
Operations
Company Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Corporate Banking Manager
Relationship Manager
Financial Controller
Company Secretary
Commercial Director
Investment Manager
Portfolio Manager
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