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Inter-Company Secured Loan Agreement

Inter-Company Secured Loan Agreement

PricewaterhouseCoopers AG

Date: January 19, 2021

This agreement is a standard Swiss-law governed short-form bilateral secured loan agreement between two group companies.

PV10036
$520.24

Author's Note

The Secured Loan Agreement is a standard Swiss-law governed short-form bilateral secured loan agreement between two group companies.  The security that is granted by the borrower is defined by reference to a stand-alone security document (which must be provided separately). The Secured Loan Agreement may be used for interest bearing or non-interest bearing secured loan arrangements with either a fixed or an undefined term.  It includes standard representations and warranties appropriate for use in an intra-group agreement.  Terms which are configurable to the user’s needs include: Purpose and background; Term and termination; Drawing and repayment; Interest rate and mechanics; Nature of the security; Granting of sub-loans; Borrower covenants; Set-off and assignment; Provisions relating to notices; and Jurisdiction and arbitration.    Circumstances of Use This document is intended solely for intra-group...

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The Secured Loan Agreement is a standard Swiss-law governed short-form bilateral secured loan agreement between two group companies.  The security that is granted by the borrower is defined by reference to a stand-alone security document (which must be provided separately).

The Secured Loan Agreement may be used for interest bearing or non-interest bearing secured loan arrangements with either a fixed or an undefined term.  It includes standard representations and warranties appropriate for use in an intra-group agreement. 

Terms which are configurable to the user’s needs include:

  • Purpose and background;
  • Term and termination;
  • Drawing and repayment;
  • Interest rate and mechanics;
  • Nature of the security;
  • Granting of sub-loans;
  • Borrower covenants;
  • Set-off and assignment;
  • Provisions relating to notices; and
  • Jurisdiction and arbitration. 

 Circumstances of Use

This document is intended solely for intra-group financing purposes. It is not appropriate for arm’s length (third party) loan agreements. 

The Secured Loan Agreement may be used for cross-border transactions where the parties have agreed to use Swiss law.

Terms of Use

The purchase of this Product is subject to PartnerVine Terms.

You (the registered user through whose account the purchase is made) may:

  • Access the document-generation interview for 90 days from date of purchase;
  • Export and download an unlimited number of copies of the document(s) in Word or pdf format;
  • Share and use the document copies in connection with the circumstances described in this Author’s Note and only for the ordinary business purposes of the group of companies to which you belong.

Exclusions and Limitations

The Secured Loan Agreement only includes high-level details of the security to be granted, and refers to a separate security document (not included) which must be provided by the user. 

 Other Comments

No warranty or representation is given or made as to the appropriateness or impact of the financing transactions envisaged by this document in the specific circumstances of any given group of companies. No legal or tax advice is provided and nothing in this template or the related user interview shall be deemed to constitute the provision of legal or tax advice in relation to any fact or matter. Where necessary, specialist legal and tax advice and input from group treasury and accounting functions should be sought prior to executing this agreement.



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Frequently asked questions

What is a security document?

The secured loan agreement will refer to a separate security document which will have to be produced. The security document could be an assignment, pledge, charge, intercreditor or mortgage agreement or other security agreement which grants a security interest in any property as collateral for Borrower's contractual obligations under this agreement. The collateral must be described in detail.

What does a mortgage agreement imply?

A mortgage agreement creates a charge over immovable property such as land or buildings.

What does a charge agreement imply?

A charge may be taken over goodwill or debts.

What does a pledge agreement imply?

A pledge may be given in respect of movable properties such as shares or artworks.

What does an assignment by way of security imply?

Assets including shares, insurance policies or other contracts maybe assigned as a form of security.

What does an intercreditor agreement imply?

An intercreditor agreement may relate to the subordination of other loans.

What kind of additional covenants are appropriate?

First, you should consider the appropriateness of additional Borrower covenants in context of intra-group financing policy and group treasury requirements.

Nevertheless, the following are plausible:

(1) Inform Lender of any major business changes relevant to the performance of this agreement.

(2) Inform Lender on request of all material changes to its accounts.

(3) Provide Lender with copies of its financial statements.

(4) Maintain minimum net debt/EBITDA ratio (to be defined).

(5) Not sell, transfer or otherwise dispose of all or any substantial part of its assets without Lender’s prior written consent until repayment in full of the loan.



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