The Secured Loan Agreement is a vital financial instrument used when a lender provides funding to a borrower under Dutch law, with the loan being secured by specific assets or guarantees. This document is essential for transactions requiring formal security arrangements, whether for corporate financing, asset acquisition, or business expansion. The agreement must comply with Dutch Civil Code requirements, particularly regarding security rights (zekerheidsrechten) and property law. It contains detailed provisions on the loan facility, security package, and enforcement mechanisms, while incorporating specific Dutch legal concepts such as parallel debt structures when necessary. The document is typically used in commercial lending scenarios where the lender requires security to mitigate credit risk.
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1. Parties: Identification and details of the Lender(s) and Borrower(s)
2. Background: Context of the loan agreement and security arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. The Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Repayment schedule, prepayment terms, and related conditions
7. Security: Description of security arrangements, creation and perfection requirements
8. Representations and Warranties: Statements of fact and assurances given by the Borrower
9. Covenants: Positive and negative obligations of the Borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Rights and procedures for enforcing security upon default
12. Costs and Expenses: Allocation of costs related to the loan and security
13. Notices: Communication procedures between parties
14. Assignment and Transfer: Rules regarding transfer of rights and obligations
15. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Syndication Provisions: Required when multiple lenders are involved, including facility agent arrangements
2. Guarantee: Include when third-party guarantees are part of the security package
3. Subordination: Required when there are multiple creditors with different priorities
4. Tax Provisions: Detailed tax clauses when cross-border elements exist
5. Currency Provisions: Required when loan or security involves multiple currencies
6. Insurance: Detailed insurance requirements for specific types of secured assets
7. Account Bank Arrangements: When specific bank accounts are required for loan operation
8. Parallel Debt: Required when security trustee structure is used under Dutch law
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Form of Drawdown Request: Template for requesting loan disbursements
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Security Documents: Forms of security documents, including pledge agreements
5. Secured Assets Schedule: Detailed description and/or list of assets subject to security
6. Form of Transfer Certificate: Template for transferring loan participations
7. Interest Calculation Examples: Examples showing how interest will be calculated
8. Contact Details: Detailed contact information for all parties and representatives
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Technology
Infrastructure
Energy
Healthcare
Retail
Agriculture
Transportation
Construction
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Investment Banking
Portfolio Management
Operations
Security Administration
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Relationship Manager
Loan Officer
Compliance Officer
Security Trustee Officer
Portfolio Manager
Investment Manager
Transaction Manager
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