The Warehouse Loan Agreement is a specialized financing instrument used when businesses need to secure funding against inventory stored in warehouse facilities. This agreement, governed by Irish law, enables borrowers to leverage their inventory as collateral while maintaining operational access to their goods. The document structure reflects the requirements of Irish secured lending legislation, including the Companies Act 2014 and relevant EU regulations. It details the loan terms, security arrangements, operational procedures, monitoring requirements, and enforcement mechanisms. The agreement is particularly relevant for businesses with significant inventory holdings seeking working capital or trade finance solutions, and includes specific provisions for warehouse operations, inventory management, and security perfection under Irish law.
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1. Parties: Identifies and defines the key parties: Lender, Borrower, and Warehouse Operator
2. Background: Sets out the context of the agreement, including the purpose of the loan and warehouse arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Facility: Details of the loan amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before the loan becomes available
6. Warehouse Arrangements: Specifics of the warehouse storage, access rights, and operational procedures
7. Security: Details of security interests over stored goods and related assets
8. Representations and Warranties: Standard and specific representations by the borrower regarding their business and the stored goods
9. Covenants: Positive and negative obligations of the borrower regarding the facility and stored goods
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Lender's rights and remedies upon default
12. Costs and Expenses: Allocation of costs and expenses related to the facility
13. Notices: Communication procedures between parties
14. Assignment and Transfer: Rules regarding transfer of rights and obligations
15. Governing Law and Jurisdiction: Confirms Irish law as governing law and jurisdiction for disputes
1. Insurance: Detailed insurance requirements if not covered in covenants - particularly relevant for high-value goods
2. Third Party Rights: Rights of warehouse operator or other third parties - needed if warehouse operator has direct rights
3. Guarantee: Terms of any guarantee - required if there is a guarantor
4. Tax Gross-Up and Indemnities: Detailed tax provisions - needed for complex tax situations or cross-border arrangements
5. Intercreditor Provisions: Required if there are multiple lenders or ranking of security
6. Environmental Provisions: Required for goods that pose environmental risks or hazards
7. Compliance with Sanctions: Detailed sanctions provisions - particularly relevant for international trade
1. Form of Request: Standard form for requesting loan drawdowns
2. Conditions Precedent Documents: List of required documents and conditions
3. Security Documents: Forms of security documents and filing requirements
4. Warehouse Requirements: Detailed specifications for warehouse facilities and operations
5. Eligible Goods: Description and specifications of goods that can be stored
6. Storage and Handling Procedures: Detailed procedures for goods handling and storage
7. Form of Compliance Certificate: Template for periodic compliance reporting
8. Pricing and Fees: Detailed breakdown of interest, fees, and charges
9. Insurance Requirements: Specific insurance requirements and minimum coverage
10. Form of Stock Report: Template for reporting on stored goods and their value
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale Trade
Agriculture
Commodities
Food and Beverage
Pharmaceuticals
Automotive
Electronics
Textiles
Chemical Industry
Metal Processing
Consumer Goods
Relevant Teams
Legal
Finance
Treasury
Operations
Risk Management
Compliance
Supply Chain
Trade Finance
Credit
Warehouse Operations
Commercial
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Commercial Director
Risk Manager
Operations Manager
Warehouse Manager
Legal Counsel
Credit Manager
Compliance Officer
Security Trustee Officer
Collateral Manager
Trade Finance Manager
Supply Chain Manager
Corporate Banking Officer
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