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Debt Investment Agreement
"I need a Debt Investment Agreement for a €5 million loan to an Irish technology company, with quarterly interest payments and a full repayment date of March 15, 2025; the agreement should include standard security provisions and financial covenants."
1. Parties: Identification of the investor(s) and investee company/borrower, including registration details and addresses
2. Background: Context of the investment, purpose of the facility, and brief description of the business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the debt investment amount, purpose, and any tranching arrangements
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment Terms: Repayment schedule, prepayment provisions, and maturity date
7. Conditions Precedent: Conditions that must be satisfied before the investment is made
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Positive and negative obligations of the borrower during the term of the investment
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Security: Overview of security arrangements and ranking
12. Regulatory Compliance: Compliance with Irish and EU regulatory requirements
13. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law, and jurisdiction
1. Conversion Rights: Include when the debt may be convertible into equity
2. Guarantee: Include when there are third-party guarantors for the debt
3. Information Rights: Include when specific reporting requirements beyond standard covenants are needed
4. Board Observer Rights: Include when investor is granted rights to attend board meetings
5. Intercreditor Provisions: Include when there are multiple creditors or ranking arrangements
6. Tax Provisions: Include detailed tax provisions when cross-border elements exist
7. Change of Control: Include specific provisions for change in ownership or control
8. Assignment and Transfer: Include detailed provisions when debt may be traded or transferred
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Notice: Template for requesting disbursement of funds
3. Repayment Schedule: Detailed amortization or repayment schedule
4. Security Documents: Forms of security documents and filing requirements
5. Financial Covenants: Detailed financial ratios and calculations
6. Permitted Indebtedness: List of approved existing and future debt
7. Form of Compliance Certificate: Template for periodic compliance reporting
8. Group Structure Chart: Corporate structure of borrower group
Authors
Financial Services
Investment Management
Banking
Private Equity
Venture Capital
Real Estate
Technology
Manufacturing
Healthcare
Renewable Energy
Infrastructure
Agricultural
Retail
Professional Services
Legal
Finance
Investment
Treasury
Compliance
Risk Management
Corporate Development
Deal Advisory
Credit Analysis
Corporate Secretarial
Chief Financial Officer
Investment Manager
Legal Counsel
Corporate Lawyer
Finance Director
Investment Director
Compliance Officer
Risk Manager
Treasury Manager
Portfolio Manager
Investment Analyst
Corporate Secretary
Managing Director
Financial Controller
Deal Manager
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