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Facility agreements document the terms for borrowing under a debt facility, including term loan and revolving facilities, and set out drawdown, interest, covenants, security, events of default and repayment. A solicitor drafts and negotiates the facility, guarantees, security packages, intercreditor arrangements, and any hedging or ancillary documents, coordinates the loan documentation, and ensures conditions precedent are met before funds are drawn. They liaise with lenders, sponsors and advisers to protect the borrower or lender’s position.
What a solicitor handles in these matters
The solicitor handles the drafting and negotiation of the facility and security package, the intercreditor and hedging arrangements, and the steps required to implement drawdowns and enforcement, including events of default, covenants and representations. They ensure the documents align with relevant statutes and seniority/priority rules and manage interactions with lenders and agents to prevent gaps in security.
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