The Secured Loan Agreement is a fundamental financing document used when a lender provides funding to a borrower with the benefit of security over specific assets. Under Belgian law, this agreement must comply with specific civil law requirements and financial regulations, particularly regarding the creation and perfection of security interests. The document combines standard loan provisions with detailed security arrangements, making it suitable for various financing scenarios from corporate lending to asset-based financing. Key elements include the loan terms, security package details, conditions precedent, representations and warranties, and enforcement mechanisms. The agreement must address particular Belgian law considerations such as security interest registration requirements, notarial involvement for certain types of security, and specific enforcement procedures under Belgian law.
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1. Parties: Identification of the Lender, Borrower, and any Security Providers
2. Background: Context of the loan arrangement and security package
3. Definitions and Interpretation: Defined terms, construction rules, and interpretation principles
4. The Facility: Core loan terms including amount, purpose, and availability
5. Security: Creation and terms of security interests, perfection requirements
6. Conditions Precedent: Requirements to be met before loan disbursement
7. Representations and Warranties: Statements of fact and assurances from Borrower and Security Providers
8. Covenants: Positive and negative obligations of the Borrower
9. Interest and Fees: Interest calculation, payment terms, and applicable fees
10. Repayment and Prepayment: Terms for scheduled repayment and voluntary/mandatory prepayment
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement: Rights and procedures for enforcing security interests
13. Changes to Parties: Assignment and transfer provisions
14. Administration: Operational aspects including notices and calculations
15. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction provisions
1. Guarantee: Required if third-party guarantees are part of the security package
2. Parallel Debt: Needed if multiple lenders or if security trustee structure is used
3. Tax Gross-Up and Indemnities: Detailed tax provisions if cross-border elements exist
4. Increased Costs: Protection for lenders against regulatory changes, needed for institutional lenders
5. Market Disruption: Required for floating rate loans
6. Multiple Currencies: Needed if loan can be drawn in different currencies
7. Security Agent Provisions: Required if security agent is appointed to hold security
8. Subordination: Needed if there are multiple creditors requiring ranking of claims
1. Form of Drawdown Request: Template for requesting loan disbursements
2. Conditions Precedent Documents: List of required documents and conditions
3. Security Documents: Forms of various security documents required under Belgian law
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Form of Transfer Certificate: Template for transferring loan participations
6. Security Assets Schedule: Detailed description of all assets subject to security
7. Compliance Certificate: Template for periodic compliance certification
8. Financial Covenants Calculations: Methodology and formulas for financial covenant calculations
9. Contact Details: Administrative and notice details for all parties
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Retail
Technology
Infrastructure
Energy
Healthcare
Transportation
Construction
Agriculture
Telecommunications
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit Administration
Security Administration
Loan Operations
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Relationship Manager
Compliance Officer
Security Trustee
Loan Officer
Corporate Banking Manager
Financial Controller
General Counsel
Banking lawyer
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