The Bilateral Loan Agreement under Dutch law serves as the primary documentation for loan transactions between two parties in the Netherlands. This document is essential when a party (the lender) agrees to provide financial accommodation to another party (the borrower) under specific terms and conditions. The agreement comprehensively covers all aspects of the lending relationship, including loan amount, interest calculations, repayment structure, security arrangements (if any), and the parties' respective rights and obligations. It must comply with Dutch legal requirements, particularly the Dutch Civil Code and financial regulations, making it suitable for both commercial and corporate lending transactions. The document can be adapted for various lending purposes, from business expansion to asset acquisition, and can include additional features such as security interests and guarantees when required.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before the loan can be drawn
6. Drawdown: Procedures and requirements for requesting and making loan disbursements
7. Interest: Interest rate, calculation methods, and payment dates
8. Repayment: Terms and schedule for repayment of the loan
9. Prepayment: Provisions for early repayment, including any penalties or notices required
10. Representations and Warranties: Statements of fact and assurances given by the Borrower
11. Covenants: Ongoing obligations of the Borrower during the loan term
12. Events of Default: Circumstances that constitute default and consequences
13. Taxes: Treatment of taxes and any gross-up provisions
14. Changes to Parties: Rules regarding assignment and transfer of rights
15. Notices: How formal communications between parties should be made
16. Calculations and Certificates: Rules about calculations and evidencing amounts due
17. General Provisions: Miscellaneous legal provisions including severability and amendments
18. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
1. Security: Details of any security or collateral provided for the loan - include when loan is secured
2. Guarantee: Terms of any guarantee provided - include when there are guarantors
3. Agency Provisions: Provisions regarding the role of an agent - include in syndicated loans
4. Account Bank Provisions: Special provisions regarding designated accounts - include when specific accounts are required
5. Insurance: Requirements for insurance of any secured assets - include when security includes physical assets
6. Financial Covenants: Specific financial ratios and requirements - include for corporate borrowers
7. Increased Costs: Provisions for dealing with regulatory changes affecting the lender's costs - include for longer-term loans
8. Set-off Rights: Rights to set off amounts between parties - include when parties have multiple relationships
9. Privacy and Data Protection: GDPR compliance provisions - include when personal data is processed
1. Schedule 1 - Conditions Precedent Documents: List of all documents required before drawdown
2. Schedule 2 - Form of Drawdown Request: Template for the Borrower to request loan disbursements
3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Schedule 4 - Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
5. Schedule 5 - Security Documents: List and/or copies of security documentation
6. Schedule 6 - Calculation of Interest: Detailed methodology for interest calculations
7. Appendix A - Contact Details: Detailed contact information for all parties and representatives
8. Appendix B - Bank Account Details: Banking information for disbursements and payments
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Retail
Technology
Healthcare
Energy
Infrastructure
Transportation
Agriculture
Construction
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit
Business Development
Corporate Finance
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Risk Manager
Compliance Officer
Business Development Manager
Account Manager
Financial Controller
Banking Relationship Manager
Corporate Secretary
Managing Director
Chief Executive Officer
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