Potential Standard/Standard: A facility contract contains a standard provision to cover events, although these are not yet events that probably do not occur. These values are called default or sometimes potential values. They are often negotiated by borrowers who do not want to be exposed to “hair triggers” from which they may lose access to their banking facilities. Businesses or financial alliances govern the borrower`s financial situation and health. They define certain parameters in which the borrower must operate. The borrower`s auditors should be asked to view their contents as soon as possible. The dates on which these companies are subject to review should be subject to scrutiny, as should the separate financial definitions applicable. Financial commitments are a key element of any facility agreement and are probably the most likely to cause a default event if they are breached. Stronger borrowers can negotiate a right to resolve violations of financial pacts, for example by investing more money in the business. This is called the equity cure. There are many definitions in each facility agreement, but most are either standard – and generally uncontested – or specifically for individual transactions.
They should be carefully considered and, if necessary, carefully considered using the lender`s offer letter/offer sheet. Representations and guarantees are similar in all facility agreements. They focus on the borrower`s legal capacity to enter into financing agreements and the nature of the borrower`s activity. They will often be broad and the borrower may try to limit them to issues that, if not correct, would have a significant negative effect. This qualification may apply to a large number of insurance and guarantees relating to the borrower`s activities (for example. B litigation, environmental and accounting matters), but will probably not be acceptable to the lender in order to limit the borrower`s ability to enter into financing agreements or with respect to important financial information. Interest: The interest margin should reflect the range set in the lender`s letter of offer/credit sheet. Libor and the bank`s mandatory fees must also be paid. All provisions relating to the increase or reduction of the interest margin (called “clique margina”) should also correctly reflect the lender`s letter/offer sheet. A facility is a formal financial support program offered by a credit institution to help a business that needs working capital.