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. Potential Standard/Standard: A facility contract contains a standard provision to cover events, although these are not yet events that probably do not occur. These values are called default or sometimes potential values. They are often negotiated by borrowers who do not want to be exposed to "hair triggers" from which they may lose access to their banking facilities. Particular attention should be paid to all "default cross" clauses that affect the fact that a failure in one agreement triggers a standard between another. These should not apply to on-demand facilities provided by the lender and should include thresholds defined accordingly. For more information on the Cannais provisions of facilitated contracts, visit the Loan Markets Association or the Association of Corporate Treasure.
Borrowers: The definition of the borrower includes all group companies that require access to the loan, including revolving credits (flexible credits as opposed to a fixed amount repaid in increments) or the working capital component. This should also include all target companies acquired with the funds made available. Subsidiaries that need a provision may need to join the group of borrowers. If there is a reason why the affected companies cannot be parties to the agreement when they are executed - for example. B in the event of an acquisition by limited companies - prior approval from the bank would be required for them to be included in the agreement at a later date. If there are foreign companies in the group, it is worth asking whether they will have access to credit facilities or how. The facility agreement may also designate an individual borrower and allow that borrower to continue lending to other members of his or her group of companies. 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. Representations and guarantees: these should be carefully considered in all transactions. It should be noted, however, that the purpose of insurance and guarantees in a facility agreement differs from its purpose in purchase and sale contracts.
The lender will not attempt to sue the borrower for breach of representation and guarantee - instead, it will use an infringement as a mechanism to call a default event and/or ask for repayment of the loan. A disclosure letter is therefore not required with respect to insurance and guarantees in the facility agreements. Guarantees and guarantees should only be valid as long as the funds are returned to the lender or the lender is required to provide loans, and all insurance and guarantees applicable to the original information (. B for example, the business plan or the accountants` report) should not be repeated throughout the life of the facility.