The Inter Corporate Loan Agreement is a crucial document used when one company provides financial accommodation to another company, whether within the same corporate group or between unrelated entities. This agreement, governed by Dutch law, sets out the comprehensive framework for the lending arrangement, including the loan amount, purpose, drawdown mechanics, interest calculations, repayment terms, and security provisions. It ensures compliance with Dutch financial regulations and corporate law requirements while protecting both parties' interests through clear covenant structures and enforcement mechanisms. The document is particularly important for maintaining proper documentation of financial relationships between corporate entities and ensuring legal certainty in case of disputes or regulatory scrutiny.
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1. Parties: Identification of the Lender and Borrower with full corporate details
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: Principal terms including amount, purpose, and availability
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Terms and schedule for repayment of the loan
7. Representations and Warranties: Statements of fact and assurances given by the Borrower
8. Covenants: Ongoing obligations of the Borrower during the loan term
9. Events of Default: Circumstances that constitute default and consequences
10. Security: Details of any security or guarantees for the loan
11. Payments and Calculations: Mechanics of payments and calculation conventions
12. Changes to Parties: Rules for assignment and transfer of rights
13. Notices: Communication procedures between parties
14. General Provisions: Miscellaneous legal provisions including governing law
15. Execution: Signature blocks and execution formalities
1. Conditions Precedent: Pre-conditions for drawdown, used when loan is not immediately available
2. Multiple Drawdown Provisions: Used when loan is available in multiple tranches
3. Tax Gross-Up: Include when tax implications need specific handling
4. Increased Costs: Protection for lender against regulatory cost changes
5. Market Disruption: Provisions for handling interest rate market disruption
6. Subordination: Required when loan needs to be subordinated to other debt
7. Parent Company Guarantee: Include when parent company guarantee is required
8. Inter-creditor Provisions: Used when multiple lenders are involved
9. Currency Provisions: Include for loans involving multiple currencies
1. Conditions Precedent Documents: List of required documents and conditions
2. Form of Drawdown Notice: Template for requesting loan disbursement
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Security Documents: Forms of security documents and guarantees
5. Form of Transfer Certificate: Template for transferring loan participation
6. Financial Covenants Calculations: Detailed methods for calculating financial covenants
7. Compliance Certificate: Template for periodic compliance certification
8. Contact Details: Detailed contact information for all parties
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Real Estate
Technology
Energy
Infrastructure
Healthcare
Retail
Transportation
Professional Services
Telecommunications
Agriculture
Mining and Resources
Construction
Media and Entertainment
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit Control
Corporate Development
Tax
Accounting
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Financial Controller
Credit Manager
Risk Manager
Company Secretary
Corporate Finance Manager
Compliance Officer
Managing Director
Finance Manager
Account Manager
Business Development Director
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