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Debt Factoring Agreement
"I need a Debt Factoring Agreement for our manufacturing company to sell $2M worth of receivables to ABC Finance Ltd, with recourse provisions and a minimum funding period of 90 days, to be effective from March 1, 2025."
1. Parties: Identification of the Factor and the Client (seller of receivables)
2. Background: Context of the agreement and brief description of the factoring arrangement
3. Definitions: Key terms including Receivables, Eligible Receivables, Purchase Price, Factor's Fee, etc.
4. Assignment of Receivables: Core provisions regarding the sale and assignment of receivables
5. Purchase Price and Payment Terms: Calculation method for purchase price and payment mechanisms
6. Representations and Warranties: Client's warranties regarding receivables and business conditions
7. Covenants: Ongoing obligations of the Client
8. Events of Default: Circumstances constituting default and consequences
9. Term and Termination: Duration and termination provisions
1. Recourse Provisions: Terms for recourse against the Client in recourse factoring arrangements
2. Cross-Border Provisions: Specific terms for international receivables when dealing with international debtors
3. Credit Insurance: Terms relating to credit insurance arrangements when credit insurance is part of the agreement
4. Digital Platform Terms: Terms for use of electronic systems when using digital factoring platforms
1. Schedule of Receivables: List of initial receivables being assigned
2. Pricing Schedule: Detailed breakdown of fees and charges
3. Form of Notice to Debtors: Template for notifying debtors of the assignment
4. Operating Procedures: Detailed procedures for submission and processing of receivables
5. Eligible Receivables Criteria: Detailed criteria for acceptable receivables
6. Form of Assignment: Template for individual assignments of receivables
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