Miscellaneous Clauses
(Credit Agreement)

Summary

These Miscellaneous Clauses for a credit agreement are boilerplate clauses used in a syndicated loan transaction. These clauses include practical guidance and drafting notes. Note that these clauses contemplate a financing that includes the following elements: • A senior secured syndicated credit facility including a revolving loan facility. • Agency roles for each of an administrative agent, collateral agent, issuing bank and swing line lender, acting for a syndicate of lenders. • Collateral and guarantee support from domestic loan parties, generally including a group of the borrower’s subsidiaries and the borrower’s immediate parent entity. The capitalized terms used in these sample provisions should be conformed to the defined terms in the relevant credit agreement. These sample provisions do not include the miscellaneous provisions covering amendments and waivers, the right of setoff, borrower and sponsor loan buybacks or confidentiality. For templates covering these provisions, see Amendments and Waivers Clauses (Credit Agreement), Right of Setoff Clause (Credit Agreement), Borrower and Sponsor Loan Buybacks Clauses (Credit Agreement) and Confidentiality Clauses (Credit Agreement). For a full listing of key content covering a credit agreement, see Credit Agreement Resource Kit. For a full listing of key content covering amendments, consents, and other modifications for loan documents, see Amendments, Consents, and Waivers Resource Kit.