The Trade Finance Agreement is a critical document used to establish and govern trade financing arrangements between financial institutions and businesses engaged in international trade. It is particularly relevant in the Irish market, where it must comply with both Irish domestic law and EU regulations governing financial services. This agreement is essential when companies require financing for international trade operations, including import/export activities, working capital needs, and trade-related guarantees. The document typically includes detailed provisions for facility limits, drawdown mechanisms, security arrangements, representations and warranties, and compliance requirements. It incorporates specific Irish legal requirements while aligning with international trade finance practices, making it suitable for both domestic and cross-border transactions.
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1. Parties: Identifies all parties to the agreement including the lender(s), borrower(s), and any guarantors
2. Background: Sets out the context and purpose of the trade finance facility
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. The Facility: Details the type, amount, and purpose of the trade finance facility
5. Conditions Precedent: Lists all conditions that must be satisfied before the facility becomes available
6. Utilisation: Specifies how and when the facility can be drawn down
7. Interest and Fees: Sets out all interest rates, fees, and charges applicable to the facility
8. Repayment and Prepayment: Details when and how the facility must be repaid and any prepayment provisions
9. Security: Describes the security package and enforcement rights
10. Representations and Warranties: Lists all representations and warranties given by the borrower
11. Undertakings: Sets out positive and negative covenants applicable to the borrower
12. Events of Default: Lists circumstances that constitute default and consequences
13. Changes to Parties: Provisions regarding assignment and transfer rights
14. Administration: Covers operational matters such as payments, calculations, and notices
15. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction for disputes
1. Syndication Provisions: Required when multiple lenders are involved or syndication is contemplated
2. Documentary Credits: Included when the facility includes letter of credit issuance
3. Bank Guarantees: Required when bank guarantees form part of the facility
4. Insurance: Detailed insurance requirements when specific insurance coverage is critical
5. Regulatory Compliance: Additional regulatory provisions for regulated borrowers or specific industries
6. Tax Gross-Up and Indemnities: Detailed tax provisions when cross-border elements exist
7. Agency Provisions: Required when there is an administrative agent for multiple lenders
8. Currency Provisions: Included when multiple currencies are involved
9. Islamic Finance Provisions: Required when the facility needs to be Shariah-compliant
1. Conditions Precedent Documents: Detailed list of all required conditions precedent documents
2. Form of Utilisation Request: Standard form for requesting drawdowns under the facility
3. Form of Transfer Certificate: Standard form for transferring commitments between lenders
4. Pricing Schedule: Detailed breakdown of all applicable interest rates, margins, and fees
5. Security Documents: Forms of security documents and security details
6. Repayment Schedule: Detailed repayment schedule if applicable
7. Form of Compliance Certificate: Template for periodic compliance certification
8. Documentary Credit Procedures: Operational procedures for documentary credits if applicable
9. Contact Details: Contact information for all parties and authorized representatives
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