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Revolving Credit Facility Agreement for the United States

Revolving Credit Facility Agreement Template for United States

A Revolving Credit Facility Agreement is a legal document governed by U.S. federal and state laws that establishes a flexible borrowing arrangement between a lender and borrower. It allows the borrower to draw down, repay, and re-borrow funds up to a predetermined limit during the facility's term. The agreement includes detailed provisions on interest rates, fees, representations, covenants, and events of default, while complying with applicable U.S. banking regulations and consumer protection laws.

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What is a Revolving Credit Facility Agreement?

A Revolving Credit Facility Agreement is essential for businesses seeking flexible financing solutions under U.S. law. This agreement type is particularly valuable when companies need ongoing access to funds for working capital, seasonal inventory, or general corporate purposes. The document establishes the terms under which a borrower can repeatedly draw down and repay funds up to an agreed maximum, subject to federal banking regulations and state-specific lending requirements. Key features include detailed provisions on facility limits, interest calculations, security arrangements, and compliance requirements.

What sections should be included in a Revolving Credit Facility Agreement?

1. Parties: Identifies the lender(s), borrower(s), and any guarantors or other parties

2. Background/Recitals: Sets out the context and purpose of the facility

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules

4. The Facility: Details of the credit facility, including amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Procedures and requirements for utilizing the facility

7. Interest and Fees: Interest calculation, payment dates, and applicable fees

8. Repayment and Prepayment: Terms for repayment and voluntary/mandatory prepayment

9. Representations and Warranties: Borrower's statements about its legal and financial condition

10. Covenants: Ongoing obligations of the borrower

11. Events of Default: Circumstances constituting default and consequences

What sections are optional to include in a Revolving Credit Facility Agreement?

1. Security: Details of any collateral or security arrangements - used when the facility is secured

2. Guarantees: Terms of any guarantees provided - used when guarantors are involved

3. Increased Costs and Tax Gross-Up: Provisions for dealing with regulatory changes and tax implications - used in cross-border or complex facilities

4. Agency and Security Trustee Provisions: Rules governing facility agent and security trustee - used in syndicated facilities

What schedules should be included in a Revolving Credit Facility Agreement?

1. Form of Drawdown Request: Standard form for requesting utilization of the facility

2. Conditions Precedent Documents: List of required documents and conditions

3. Form of Transfer Certificate: Template for transferring commitments between lenders

4. Repayment Schedule: Schedule of repayment dates and amounts

5. Security Documents: Details of security arrangements and perfection requirements

6. Financial Covenants Calculations: Methodology for calculating financial covenants

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses



































Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law that requires lenders to provide standardized disclosures about credit terms and costs, protecting consumers in credit transactions

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or whether applicant receives public assistance

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information, ensuring fair and accurate credit reporting

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering by keeping records and filing reports

Dodd-Frank Act: Comprehensive financial reform legislation that established enhanced regulatory requirements and consumer protections in the financial sector

Securities Exchange Act: Federal law governing securities trading and broker-dealers, relevant if the credit facility is securitized

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, particularly Article 9 concerning secured transactions

State Usury Laws: State-specific regulations that set maximum interest rates and regulate other lending terms

Federal Reserve Regulations: Rules and guidelines established by the Federal Reserve System affecting banking and lending practices

OCC Guidelines: Regulatory framework established by the Office of the Comptroller of the Currency for national banks and federal savings associations

CFPB Requirements: Consumer protection regulations and guidelines established by the Consumer Financial Protection Bureau

Basel III Requirements: International regulatory framework for banks, setting standards for capital adequacy and liquidity requirements

KYC Requirements: Know Your Customer protocols requiring banks to verify customer identity and assess risks in banking relationships

AML Regulations: Anti-Money Laundering regulations requiring financial institutions to prevent, detect, and report suspicious activities

UCC Filing Requirements: Specific procedures and documentation needed for filing security interests under the Uniform Commercial Code

U.S. Bankruptcy Code: Federal law governing bankruptcy proceedings, including automatic stay provisions and creditor priority rules

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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