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Before entering into a commercial credit agreement, the borrower first makes statements about its nature, solvency, cash flow and any collateral that it may mortgage as collateral for a loan. These presentations are taken into account and the lender then determines the conditions (conditions), if necessary, he is ready to advance the money. There are usually « standard » negotiating points raised by borrowers, for example.B. a standard definition of significant adverse changes/effects usually focuses on the impact that may have something on the debtor`s ability to fulfill its obligations under the corresponding facility agreement. The borrower may try to limit this to his own obligations (and not those of other debtors), the borrower`s payment obligations and (sometimes) his financial obligations. Significant negative effects: This definition is used in a number of places to define the severity of an event or circumstance, usually determining when the lender can take action against a default or ask a borrower to remedy a breach of contract. This is an important definition and is often negotiated. Particular attention should be paid to all « cross-default » clauses that affect the date on which a failure as a result of one agreement triggers a default below another. These should not apply to on-demand facilities provided by the creditor and contain properly defined default thresholds. Guarantees and guarantees should only apply for as long as the creditor is entitled to funds or the creditor is required to grant loans, and any guarantees and guarantees that apply to the original information (e.g. B the business plan or the accountant`s report) should not be repeated throughout the duration of the facility.
Insurance and guarantees are similar in all establishment agreements. They focus on the borrower`s legal capacity to enter into financing contracts and the nature of the borrower`s business. They are often broad and the borrower may try to limit them to issues that, if not correct, would have a significant negative impact. This qualification can be applied to many of the insurances and guarantees on the borrower`s activities (e.g.B. However, litigation, environment and accounting) are probably not acceptable to the lender, in order to limit the borrower`s ability to enter into financing agreements or with respect to material financial information. There are many definitions in each installation agreement, but most are either standard – and generally undisputed – or specifically for the individual transaction. They should be carefully checked and, where appropriate, well compared to the lender`s letter of offer/term-sheet. The forms of credit agreements vary enormously from sector to sector, from country to country, but characteristics of a professionally crafted commercial credit agreement contains the following conditions: Availability: The borrower should check whether the institutions are available if the borrower needs them (e.g. .B. to finance an acquisition). .