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. Before entering into a commercial loan agreement, the borrower first decides on his affairs concerning his character, his creditworthiness, his cash flow and all the guarantees he must put in collateral for a loan. These presentations are taken into account and the lender then determines the conditions under which they are willing to advance the money. Loan contracts between commercial banks, savings banks, financial companies, insurance companies and investment banks are very different from each other and all feed for different purposes. “Commercial banks” and “savings banks” because they accept deposits and take advantage of FDIC insurance, generate credits that include concepts of “public trust.” Prior to the intergovernmental banking system, this “public confidence” was easily measured by national banking supervisors, who were able to see how local deposits were used to finance the working capital needs of industry and local businesses and the benefits of the organization`s employment. “Insurance agencies,” which charge premiums for the provision of life, property and accident insurance, have entered into their own types of loan contracts. The credit contracts and documentary standards of “banks” and “insurance” evolved from their individual cultures and were regulated by policies that, in one way or another, met the debts of each organization (in the case of “banks,” the liquidity needs of their depositors; in the case of insurance organizations, liquidity must be linked to their expected “receivables”). There will also be delay provisions for breaches of the convention itself.
They may grant time for remedial action on the part of a borrower and, in any event, apply only to substantial infringements or violations of the main provisions of the agreement. The provision for non-payment usually includes additional time to cover administrative or technical difficulties. Insolvency defaults should also provide reasonable time frames and include appropriate waivers for solvent restructurings, with the lender`s agreement. The categorization of loan contracts according to the type of facility usually leads to two main categories: advances: a borrower should ensure that he has some flexibility to make advances (early repayment of the loan) without paying, if possible, additional fees. However, advances are only allowed at the end of interest periods, which avoids the payment of breakage fees and, in most cases, is in the best interests of the borrower. Particular attention should be paid to all mandatory advances (for example. B in the event of a sale or, for private companies, on a float) as well as at any down payment costs to be paid. Loan contracts reflect, like any contract, an “offer,” “acceptance of offer,” “consideration” and can only relate to “legal” situations (a term loan contract involving the sale of heroin drugs is not “legal”). Loan contracts are recorded in their letters of commitment, agreements that reflect agreements between the parties involved, a certificate of commitment and a guarantee contract (for example.
B a mortgage or personal guarantee). The credit contracts offered by regulated banks are different from those offered by financial firms, with banks benefiting from a “bank charter”, which is granted as a privilege and which includes “public confidence”. The lender should only have the right to demand repayment of the loan in the event of a delay and lawsuit. If the delay default has been corrected or reversed, the lender`s right to accelerate should cease. For more information on the Cannais provisions of the contracts