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Tranche Loan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Tranche Loan Agreement

"Need a Tranche Loan Agreement for a £50 million facility to be drawn in three tranches for our property development project, with the first tranche of £20 million to be available from March 2025 and subsequent tranches tied to construction milestones."

Document background
The Tranche Loan Agreement is utilized when a borrower requires staged funding for projects or business expansion. This document, governed by English and Welsh law, structures the relationship between lenders and borrowers, detailing how and when each tranche can be drawn, the conditions that must be met, interest calculations, repayment terms, and security arrangements. It's particularly suitable for large-scale projects where funding needs are phased, allowing better cost management and risk mitigation for both parties. The agreement includes comprehensive provisions for representations, warranties, covenants, and events of default.
Suggested Sections

1. Parties: Identification of lender(s) and borrower(s)

2. Background: Context of the loan agreement and purpose

3. Definitions: Key terms used throughout the agreement

4. Facility: Details of loan amount, tranches, and availability

5. Purpose: Permitted use of loan proceeds

6. Drawdown: Conditions and mechanics for drawing each tranche

7. Interest: Interest rate, calculation and payment provisions

8. Repayment: Terms for repayment of principal

9. Representations and Warranties: Borrower's statements of fact and assurances

10. Events of Default: Circumstances triggering default and remedies

Optional Sections

1. Security: Details of any security/collateral - used when loan is secured

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

3. Financial Covenants: Financial performance requirements - typically used for corporate borrowers

Suggested Schedules

1. Conditions Precedent: Documents required before first drawdown

2. Form of Drawdown Notice: Template for requesting loan disbursements

3. Repayment Schedule: Detailed repayment dates and amounts

4. Security Documents: List and copies of security documentation

5. Financial Covenant Calculations: Formulas and methods for financial covenant compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
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Industries

Financial Services and Markets Act 2000: Primary legislation regulating financial services and markets in the UK. Determines authorization requirements for lenders and contains provisions about regulated lending activities.

Consumer Credit Act 1974: Regulates credit agreements with individuals, particularly relevant if the loan has any consumer lending aspects. Specifies requirements for form and content of agreements.

Companies Act 2006: Key legislation for corporate borrowers, containing provisions about corporate capacity and authority to enter into loan agreements.

FCA Handbook: Regulatory framework including the Consumer Credit Sourcebook (CONC) and Principles for Businesses (PRIN), applicable for regulated lending activities.

Money Laundering Regulations 2017: Contains Know Your Customer (KYC) requirements and anti-money laundering provisions that must be considered in loan agreements.

Unfair Contract Terms Act 1977: Controls unreasonable exclusion clauses and affects the enforceability of certain contractual terms in loan agreements.

Financial Collateral Arrangements (No.2) Regulations 2003: Relevant legislation when security is taken as part of the loan agreement.

Late Payment of Commercial Debts (Interest) Act 1998: Governs default interest provisions in commercial lending arrangements.

Contracts (Rights of Third Parties) Act 1999: Legislation governing third party rights that may arise in connection with the loan agreement.

Misrepresentation Act 1967: Relevant for representations and warranties sections of the loan agreement, providing statutory remedies for misrepresentation.

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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