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Shareholder Loan Note
"I need a Shareholder Loan Note under Belgian law for a 鈧500,000 secured loan to my technology startup, with 5% annual interest rate and full repayment due by March 2025, including conversion rights to equity at the lender's option."
1. Parties: Identification of the Lender (Shareholder) and Borrower (Company), including full legal names, registration details, and addresses
2. Background: Context of the loan, relationship between parties, and purpose of the funding
3. Definitions: Key terms used throughout the agreement, including financial terms, calculation methods, and regulatory references
4. Loan Amount and Purpose: Specification of the principal amount, currency, and approved use of funds
5. Interest: Interest rate, calculation method, payment frequency, and compliance with Belgian thin capitalization rules
6. Repayment Terms: Schedule for repayment, including maturity date, installment provisions, and early repayment options
7. Conditions Precedent: Prerequisites that must be satisfied before the loan becomes effective
8. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
9. Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances that trigger default and consequent remedies
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
1. Security: Required when the loan is secured against specific assets or requires guarantees
2. Subordination: Needed when the loan must be subordinated to other company debts
3. Tax Gross-Up: Include when tax implications need to be addressed explicitly
4. Assignment and Transfer: Include if parties want to allow for potential transfer of the loan note
5. Costs and Expenses: Include when there are significant transaction costs to be allocated
6. Information Rights: Include when lender requires specific reporting or information access
7. Conversion Rights: Include if the loan note can be converted into equity
8. Majority Lender Provisions: Required when multiple shareholders are providing loans under similar terms
1. Repayment Schedule: Detailed amortization table if repayment is in installments
2. Form of Drawdown Notice: Template for requesting loan disbursement if multiple drawdowns are permitted
3. Conditions Precedent Documents: List of required documentation and conditions to be satisfied
4. Security Details: Detailed description of any security or collateral if applicable
5. Corporate Authorizations: Copies of relevant board resolutions and shareholder approvals
6. Interest Calculation Examples: Worked examples of interest calculations for complex interest structures
7. Form of Compliance Certificate: Template for periodic compliance certification if required
Authors
Financial Services
Technology
Manufacturing
Real Estate
Professional Services
Healthcare
Retail
Energy
Construction
Telecommunications
Media & Entertainment
Transportation & Logistics
Legal
Finance
Treasury
Tax
Compliance
Corporate Secretariat
Board
Corporate Finance
Shareholder Relations
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Company Secretary
Treasury Manager
Financial Controller
Investment Director
Corporate Finance Manager
Tax Director
Compliance Officer
Board Member
Managing Director
Shareholder Relations Manager
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