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Standby Credit Agreement Template for United States

A Standby Credit Agreement is a legally binding document under U.S. law that establishes a commitment by a financial institution to provide credit to a borrower under specified conditions. The agreement details the terms under which the credit can be drawn, including conditions precedent, drawing mechanics, fees, and events of default. It is governed by federal banking regulations, the Uniform Commercial Code, and applicable state laws, providing a backup source of funding that can be drawn upon when needed.

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What is a Standby Credit Agreement?

The Standby Credit Agreement serves as a crucial financial instrument in the U.S. market, providing businesses with access to contingent funding. It is typically used when companies need a backup source of liquidity or when required by counterparties as financial assurance. The agreement outlines specific circumstances under which the credit can be accessed, the process for drawing funds, and the obligations of all parties involved. This type of agreement is particularly relevant in today's market where companies seek flexible financing options while complying with U.S. banking regulations and state-specific requirements.

What sections should be included in a Standby Credit Agreement?

1. Parties: Identification of the lender and borrower, including full legal names and addresses

2. Background/Recitals: Context of the agreement and purpose of the standby credit facility

3. Definitions: Key terms used throughout the agreement including 'Facility Amount', 'Availability Period', 'Drawing Notice'

4. Facility Terms: Core terms including amount, purpose, availability period, and conditions for drawing

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawing Mechanics: Procedures and requirements for drawing under the facility

7. Fees and Costs: All applicable fees, charges, and cost allocation

8. Representations and Warranties: Standard assurances from the borrower regarding their status and capacity

9. Events of Default: Circumstances constituting default and consequences

What sections are optional to include in a Standby Credit Agreement?

1. Security Provisions: Details of any security or collateral when the facility is secured

2. Guarantees: Terms of any guarantees provided when third-party guarantees are involved

3. Foreign Currency Provisions: Rules for handling multiple currencies when facility involves multiple currencies

What schedules should be included in a Standby Credit Agreement?

1. Form of Drawing Notice: Template for borrower to request a drawing

2. Conditions Precedent Documents: List of required documents and evidence

3. Fee Schedule: Detailed breakdown of all fees and charges

4. Form of Compliance Certificate: Template for periodic compliance confirmation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use

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