The Loan Agreement Between Two Companies is a crucial legal document used when one company provides financial assistance to another in Belgium. This agreement is essential for documenting the terms and conditions of corporate lending transactions, ensuring compliance with Belgian financial regulations and EU directives. It's particularly relevant when companies seek alternative financing options outside traditional banking channels, or when parent companies provide funding to subsidiaries. The document addresses key aspects including loan amount, interest rates, repayment terms, security arrangements, and default provisions, all within the framework of Belgian law. It's designed to protect both lender and borrower interests while ensuring enforceability under Belgian jurisdiction. The agreement becomes especially important in cross-group financing, strategic partnerships, or business expansion scenarios where traditional bank financing may not be the preferred option.
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1. Parties: Identification of the Lender and Borrower with full corporate details
2. Background: Context of the loan agreement 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 conditions
5. Interest: Interest rate, calculation method, and payment schedule
6. Repayment: Terms of repayment including schedule, prepayment provisions, and payment mechanics
7. Representations and Warranties: Statements of fact and assurances from the Borrower
8. Conditions Precedent: Conditions that must be satisfied before loan disbursement
9. Covenants: Ongoing obligations of the Borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Taxes and Costs: Allocation of tax liabilities and transaction costs
12. Notices: Communication procedures between parties
13. Assignment and Transfer: Rules regarding transfer of rights and obligations
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured by collateral or guarantees
2. Subordination: Include when the loan needs to be subordinated to other debt
3. Insurance: Include when specific insurance requirements are imposed on the Borrower
4. Information Undertakings: Include for larger loans requiring ongoing financial reporting
5. Financial Covenants: Include when financial ratios or metrics must be maintained
6. Interest Rate Adjustment: Include when interest rate can vary based on specific conditions
7. Multiple Drawdown Provisions: Include for facilities with multiple drawdown options
8. Currency Provisions: Include when loan involves multiple currencies
1. Repayment Schedule: Detailed amortization table or repayment dates
2. Form of Drawdown Notice: Standard form for requesting loan disbursements
3. Security Details: Detailed description of any collateral or security arrangements
4. Conditions Precedent Documents: List of required documents for loan disbursement
5. Financial Covenant Calculations: Formulas and methods for calculating financial covenants
6. Form of Compliance Certificate: Template for periodic compliance certification
7. Permitted Security Interests: List of pre-approved security interests
8. Required Insurance: Detailed insurance requirements and minimum coverage
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Real Estate
Technology
Healthcare
Retail
Construction
Energy
Professional Services
Telecommunications
Transportation and Logistics
Agriculture
Mining and Resources
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Executive Leadership
Credit Control
Corporate Development
Business Development
Investment
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Treasurer
Legal Counsel
Corporate Lawyer
Financial Controller
Credit Manager
Risk Manager
Company Secretary
Managing Director
Finance Manager
Commercial Director
Business Development Manager
Compliance Officer
Treasury Analyst
Financial Analyst
Corporate Banking Manager
Investment Director
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