The Demand Loan Agreement is a crucial financial instrument used when parties wish to establish a flexible lending arrangement where the loan can be called for repayment at any time. This type of agreement is commonly used in the Netherlands for both business and personal lending, particularly in situations where the lending period is indefinite or where the lender requires maximum flexibility in terms of repayment timing. The document must comply with Dutch law, specifically the provisions of the Dutch Civil Code (Burgerlijk Wetboek) regarding loan agreements (geldlening) and financial obligations. It includes essential elements such as loan amount, interest calculations, repayment mechanisms, and demand procedures, while also addressing Dutch-specific requirements regarding interest rate regulations, consumer protection (where applicable), and financial supervision rules. The Demand Loan Agreement is particularly useful for short-term financing, bridge loans, or situations where the lending relationship is based on high trust but requires formal documentation.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan arrangement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. The Loan: Core terms including loan amount, purpose, and disbursement details
5. Interest: Interest rate, calculation method, and payment frequency
6. Repayment: Terms of repayment including the demand mechanism and payment procedures
7. Representations and Warranties: Standard declarations by the Borrower about their legal status and capacity
8. Borrower Covenants: Ongoing obligations of the Borrower during the loan period
9. Events of Default: Circumstances that would constitute a default under the agreement
10. Demand and Enforcement: Process and circumstances under which the loan can be called for immediate repayment
11. Payments: Payment mechanics, currency, and business day conventions
12. Costs and Expenses: Allocation of costs related to the loan agreement
13. Notices: Communication procedures between parties
14. Assignment and Transfer: Rules regarding transfer of rights under the agreement
15. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Security: Details of any security or collateral provided for the loan - include if the loan is secured
2. Guarantees: Terms of any guarantees provided - include if there are guarantors
3. Conditions Precedent: Conditions that must be met before the loan is provided - include for complex transactions
4. Tax Provisions: Detailed tax clauses - include if tax implications are significant or if cross-border elements exist
5. Multiple Lenders: Provisions governing relationship between multiple lenders - include if more than one lender
6. Insurance: Required insurance coverage - include if specific insurance requirements exist
7. Financial Covenants: Specific financial maintenance requirements - include for business borrowers
8. Information Undertakings: Detailed reporting requirements - include for business borrowers or larger loans
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rate, and key financial terms
2. Schedule 2 - Repayment Schedule: If any scheduled repayments are agreed despite being a demand loan
3. Schedule 3 - Form of Demand Notice: Template for formal demand for repayment
4. Schedule 4 - Security Details: Details of any security or collateral (if applicable)
5. Schedule 5 - Conditions Precedent Documents: List of required documents and conditions (if applicable)
6. Appendix A - Calculation of Interest: Detailed methodology for interest calculations
7. Appendix B - Payment Procedures: Detailed payment instructions and account details
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Private Lending
Real Estate
Commercial Property
Retail
Manufacturing
Technology
Professional Services
Family Offices
Small and Medium Enterprises
Construction
Agriculture
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Secretariat
Business Development
Relationship Management
Operations
Credit Administration
Risk Management
Financial Control
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Risk Manager
Compliance Officer
Business Development Manager
Relationship Manager
Account Manager
Financial Controller
Company Secretary
Loan Officer
Credit Analyst
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