The Pre-Financing Agreement is utilized when parties need to establish interim financing arrangements before a main financing transaction is completed. This document is particularly relevant in time-sensitive situations where immediate funding is required while long-term financing is being arranged. Under Irish law, these agreements must comply with the Central Bank Act, Consumer Credit Act (where applicable), and other relevant financial regulations. The agreement typically includes detailed provisions on facility amount, drawdown mechanisms, conditions precedent, repayment terms, security arrangements, and regulatory compliance requirements. It's commonly used in project finance, real estate developments, corporate acquisitions, and other scenarios requiring bridge financing.
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1. Parties: Identification of the financing party and the recipient, including full legal names and addresses
2. Background: Context of the financing arrangement and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. The Facility: Details of the financing amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the financing becomes available
6. Drawdown: Process and requirements for accessing the financing
7. Repayment Terms: Terms and schedule for repayment of the financing
8. Interest and Fees: Interest rates, calculation methods, and any applicable fees
9. Representations and Warranties: Statements of fact and assurances given by the recipient
10. Covenants: Ongoing obligations of the recipient during the term of the agreement
11. Events of Default: Circumstances that constitute default and consequences
12. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law
1. Security: Details of any security or collateral arrangements - include if financing is secured
2. Guarantees: Terms of any guarantees provided - include if there are third-party guarantors
3. Insurance Requirements: Specific insurance obligations - include if particular insurance coverage is required
4. Special Purpose Vehicle Provisions: Special provisions for SPV structures - include if financing involves an SPV
5. Regulatory Compliance: Specific regulatory requirements - include if financing falls under particular regulatory frameworks
6. Currency and Exchange Provisions: Currency conversion and exchange rate provisions - include for cross-border financing
1. Schedule 1 - Conditions Precedent: Detailed list of all conditions precedent documents and requirements
2. Schedule 2 - Form of Drawdown Notice: Template for drawdown requests
3. Schedule 3 - Repayment Schedule: Detailed repayment dates and amounts
4. Schedule 4 - Security Documents: List and copies of security documents if applicable
5. Schedule 5 - Fee Schedule: Detailed breakdown of all applicable fees
6. Appendix A - Required Insurance: Detailed insurance requirements and minimum coverage levels
7. Appendix B - Compliance Requirements: Detailed regulatory compliance requirements and procedures
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