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Collateral Pledge Agreement

Collateral Pledge Agreement Template for Belgium

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Key Requirements PROMPT example:

Collateral Pledge Agreement

"I need a Belgian law Collateral Pledge Agreement for a syndicated loan facility closing on March 15, 2025, where the collateral consists of financial instruments and bank accounts, with BNP Paribas acting as Security Agent for a syndicate of five lenders."

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Document background
A Collateral Pledge Agreement under Belgian law is a crucial security document used in various financing transactions where a party (the Pledgor) grants security over movable assets in favor of another party (the Pledgee) to secure certain obligations. The document must comply with the Belgian Pledge Act of 2013, which modernized the Belgian security interest regime, and may also need to address the Financial Collateral Law of 2004 for certain types of assets. This agreement is commonly used in both bilateral and syndicated lending arrangements, acquisition financing, asset-based lending, and other secured transactions. The document needs to address specific Belgian law requirements for creation and perfection of security interests, including registration in the National Pledge Register where applicable, and must contain appropriate enforcement mechanisms that comply with Belgian law.
Suggested Sections

1. Parties: Identification of the Pledgor, Pledgee, and any other relevant parties

2. Background: Context of the pledge agreement, reference to underlying obligations/facilities

3. Definitions and Interpretation: Key terms used throughout the agreement, including specific Belgian law concepts

4. Creation of Pledge: Express creation of the pledge right, scope, and nature of the security interest

5. Secured Obligations: Definition and scope of the obligations secured by the pledge

6. Perfection Requirements: Steps required to perfect the pledge, including registration requirements

7. Representations and Warranties: Pledgor's declarations regarding ownership, authority, and condition of collateral

8. Pledgor's Obligations: Ongoing obligations regarding maintenance and preservation of collateral

9. Rights and Obligations of the Pledgee: Pledgee's powers and responsibilities regarding the collateral

10. Enforcement: Enforcement mechanisms and procedures under Belgian law

11. Application of Proceeds: Order of application of enforcement proceeds

12. Power of Attorney: Appointment of Pledgee as attorney for perfection and enforcement

13. Costs and Expenses: Allocation of costs related to creation, maintenance, and enforcement

14. Notices: Communication requirements and contact details

15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdictional matters

Optional Sections

1. Security Agent Provisions: Required when the pledge is created in favor of a security agent acting for multiple beneficiaries

2. Parallel Debt: Include when using a security trustee structure to address Belgian law limitations on trust concepts

3. Financial Collateral Arrangements: Special provisions when the collateral consists of financial instruments or cash accounts

4. Subordination Provisions: Include when there are multiple creditors with different rankings

5. Release and Discharge: Detailed provisions on release conditions, if not covered in facility documentation

6. Tax Provisions: Specific tax-related provisions when pledge has tax implications

7. Currency Conversion: Include for cross-border transactions involving multiple currencies

Suggested Schedules

1. Description of Collateral: Detailed description of pledged assets including all required identification details

2. Form of Registration Statement: Template for National Pledge Register registration

3. List of Bank Accounts: Required when pledge includes bank accounts as collateral

4. Form of Notice to Third Parties: Template notices for account banks or other relevant third parties

5. Perfection Requirements: Checklist of specific actions required for different types of collateral

6. Powers of Attorney: Forms of powers of attorney required for registration and enforcement

7. Corporate Authorizations: Forms of corporate approvals required from the Pledgor

Authors

Alex Denne

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

alex.den.21@genieai.co
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Legal Counsel

Finance Director

Treasury Manager

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