The Conditional Loan Agreement is a vital financial instrument used in Irish lending transactions where funds are advanced subject to specific conditions being satisfied. This document type is commonly used in both commercial and personal lending scenarios where the lender requires certain prerequisites or ongoing conditions to be met before or during the loan period. The agreement must comply with Irish financial regulations, including the Consumer Credit Act 1995 (where applicable), Central Bank regulations, and EU directives implemented in Irish law. It's particularly relevant for structured financing, property development, business expansion, and project finance where staged drawdowns or specific performance metrics are required. The document includes comprehensive provisions for loan terms, conditions precedent, drawdown mechanics, representations and warranties, covenants, and events of default, all tailored to meet Irish legal requirements and market practices.
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1. Parties: Identifies and defines the Lender and Borrower with full legal names and addresses
2. Background: Recitals explaining the context and purpose of the loan
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. The Loan: Core terms including amount, purpose, and basic repayment obligations
5. Conditions Precedent: Specific conditions that must be satisfied before the loan becomes available
6. Drawdown: Procedures and requirements for accessing the loan funds
7. Repayment and Prepayment: Terms for regular repayment and early repayment options
8. Interest: Interest rate, calculation method, and payment terms
9. Representations and Warranties: Statements of fact and assurances given by the Borrower
10. Covenants: Ongoing obligations of the Borrower during the loan term
11. Events of Default: Circumstances that constitute default and consequences
12. Fees and Expenses: All fees, costs, and expenses related to the loan
13. Notices: How formal communications between parties should be made
14. Assignment and Transfer: Rights to transfer or assign the agreement
15. Governing Law and Jurisdiction: Confirms Irish law governs and Irish courts have jurisdiction
1. Security: Include when the loan is secured against assets or guarantees
2. Multiple Lenders: Required when there is more than one lender, setting out their relationships
3. Tax Provisions: Detailed tax clauses needed for large commercial loans or cross-border transactions
4. Financial Covenants: Specific financial metrics the borrower must maintain, typically for business loans
5. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required
6. Special Conditions: Any unique conditions specific to the particular loan arrangement
7. Guarantee Provisions: When a guarantor is involved in securing the loan
8. Subordination: Required when the loan needs to be subordinated to other debt
1. Schedule 1 - Conditions Precedent: Detailed list of all documents and conditions required before drawdown
2. Schedule 2 - Drawdown Notice: Form of notice to be used when requesting loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Schedule 4 - Security Details: Details of any security or collateral provided
5. Schedule 5 - Financial Covenants Calculations: Formulas and methods for calculating financial covenants
6. Appendix A - Form of Compliance Certificate: Template for periodic compliance certification
7. Appendix B - Required Insurance: Detailed specifications of required insurance coverage
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Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Technology
Healthcare
Retail
Agriculture
Energy
Infrastructure
Education
Professional Services
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Commercial
Business Development
Corporate Secretariat
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Treasury Manager
Financial Controller
Compliance Officer
Credit Manager
Commercial Director
Business Development Manager
Company Secretary
Loan Officer
Contract Manager
Financial Analyst
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