The Loan Agreement under Dutch law serves as the primary documentation for lending transactions in the Netherlands, whether for commercial, corporate, or personal purposes. This document is essential when one party (the lender) agrees to provide financial accommodation to another party (the borrower) under specific terms and conditions. The agreement must comply with Dutch civil law requirements, including the Dutch Civil Code (Burgerlijk Wetboek) and, where applicable, the Financial Supervision Act (Wft). It typically includes provisions for the loan amount, interest calculation, repayment terms, security arrangements, and events of default. The document is particularly important for establishing clear rights and obligations of all parties involved, ensuring enforceability under Dutch law, and providing mechanisms for addressing potential defaults or disputes.
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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: Definitions of key terms used throughout the agreement
4. The Loan: Key terms of the loan including principal amount, purpose, and conditions precedent to drawdown
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment: Repayment schedule, method of payment, and prepayment provisions
7. Representations and Warranties: Statements of fact and assurances given by the borrower
8. Covenants: Ongoing obligations of the borrower during the term of the loan
9. Events of Default: Circumstances that allow the lender to demand immediate repayment
10. Security: Details of any security or guarantees provided for the loan
11. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the agreement
12. Notices: How formal communications between parties should be made
13. Assignment and Transfer: Rights of parties to transfer their rights and obligations
14. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction for disputes
15. Execution: Signature blocks and execution formalities
1. Conditions Subsequent: Used when certain conditions must be met after the loan is made, common in complex commercial loans
2. Tax Provisions: Include when tax implications need specific addressing, particularly in cross-border loans
3. Currency Provisions: Required when the loan is in a currency other than euros
4. Subordination: Include when the loan needs to be subordinated to other debt
5. Financial Covenants: Used in business loans where financial ratios must be maintained
6. Co-Borrower Provisions: Include when there are multiple borrowers
7. Data Protection: Detailed GDPR compliance section, necessary when personal data is processed extensively
8. Force Majeure: Include when specific circumstances affecting loan performance need to be addressed
9. Anti-corruption Provisions: Required for business loans or when required by lender's policies
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Drawdown Notice: Template for the borrower to request loan disbursement
3. Security Documents: Details of any collateral or security arrangements
4. Conditions Precedent Documents: List of required documents to be provided before loan disbursement
5. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
6. Details of Bank Accounts: Specified accounts for loan disbursement and repayment
7. Calculation of Interest Rate: Detailed methodology for interest calculation if complex
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