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Project Finance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Project Finance Agreement

"I need a Project Finance Agreement under Swiss law for a renewable energy project in Geneva, with multiple international lenders and a total facility amount of CHF 500 million, to be executed by March 2025."

Document background
The Project Finance Agreement is a fundamental document used in structured finance transactions where financing is primarily secured by the project's assets and cash flows rather than the sponsors' balance sheets. This agreement, governed by Swiss law, serves as the primary financing document that outlines the terms and conditions under which lenders provide funding to the project company. It is particularly relevant for large-scale infrastructure, energy, and industrial projects where significant capital investment is required. The document incorporates comprehensive provisions addressing facility terms, security arrangements, project implementation requirements, and risk allocation mechanisms, all while ensuring compliance with Swiss legal requirements and banking regulations. The agreement is typically used in conjunction with various ancillary documents including security agreements, direct agreements, and project contracts to create a complete project finance structure.
Suggested Sections

1. Parties: Identification of all parties to the agreement including project company, lenders, sponsors, and any other key stakeholders

2. Background: Context of the project financing, including project description and purpose of the agreement

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Facility and Purpose: Details of the financing facility, including amounts, tranches, and permitted uses of the funds

5. Conditions Precedent: Prerequisites that must be satisfied before any drawdown can occur

6. Drawdown Mechanics: Procedures and requirements for requesting and receiving loan disbursements

7. Repayment Terms: Schedule and mechanisms for repayment of the facility

8. Interest and Fees: Interest calculation, payment dates, and all applicable fees

9. Security Structure: Overview of security package and ranking of security interests

10. Representations and Warranties: Standard and project-specific representations and warranties

11. Covenants: Positive, negative, and financial covenants applicable to the project and borrower

12. Project Documents: Key project contracts and requirements for their maintenance and enforcement

13. Events of Default: Circumstances constituting default and consequences thereof

14. Remedies: Rights and remedies available to lenders upon default

15. Changes to Parties: Rules regarding assignments, transfers, and changes to lenders or borrower

16. Administration: Administrative provisions including notices, calculations, and payment mechanics

17. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction provisions

18. Execution: Signature blocks and execution requirements

Optional Sections

1. Intercreditor Provisions: Required when there are multiple lenders or classes of debt, detailing the relationship between different creditors

2. Environmental and Social Requirements: Detailed environmental and social obligations, required for projects with significant environmental impact

3. Political Risk Protection: Needed for projects with significant political risk exposure or cross-border elements

4. Insurance Requirements: Detailed insurance obligations, particularly important for large infrastructure projects

5. Direct Agreements: Required when step-in rights are needed with key project contract counterparties

6. Tax Provisions: Detailed tax provisions required for cross-border projects or complex tax structures

7. Government Support: Required when the project relies on government guarantees or support

8. Currency Provisions: Needed when the project involves multiple currencies or exchange rate risks

Suggested Schedules

1. Schedule 1 - Facility Details: Detailed terms of each facility, including amounts, interest rates, and fees

2. Schedule 2 - Conditions Precedent: Detailed list of all required conditions precedent documents and requirements

3. Schedule 3 - Forms of Drawdown Request: Template forms for requesting drawdowns under the facility

4. Schedule 4 - Financial Model: The agreed financial model and key financial assumptions

5. Schedule 5 - Security Documents: List and copies of all security documents

6. Schedule 6 - Project Documents: List and copies of all material project documents

7. Schedule 7 - Technical Specifications: Detailed technical requirements and specifications for the project

8. Schedule 8 - Form of Progress Report: Template for required project progress reports

9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and specifications

10. Schedule 10 - Financial Covenants Calculations: Methodology for calculating financial covenants

11. Appendix A - Project Budget: Detailed project budget and cost breakdown

12. Appendix B - Construction Schedule: Detailed construction timeline and milestones

Authors

Alex Denne

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

Relevant legal definitions















































































Clauses









































Relevant Industries

Infrastructure

Energy

Renewable Energy

Transportation

Mining

Industrial Manufacturing

Real Estate Development

Telecommunications

Healthcare Infrastructure

Waste Management

Water Treatment

Oil and Gas

Relevant Teams

Legal

Finance

Treasury

Risk Management

Project Management

Corporate Development

Compliance

Credit

Operations

Business Development

Investment Banking

Capital Markets

Relevant Roles

Chief Financial Officer

Project Finance Manager

Legal Counsel

Finance Director

Project Manager

Risk Manager

Treasury Manager

Investment Officer

Corporate Finance Manager

Compliance Officer

Business Development Director

Financial Controller

Senior Banker

Credit Risk Officer

Infrastructure Finance Specialist

Transaction Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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