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The Commercial Credit Agreement serves as the primary documentation for commercial lending transactions in the Netherlands, establishing the legal framework for credit facilities provided by financial institutions to business entities. This document is essential when a company seeks business financing, whether for working capital, expansion, acquisitions, or other commercial purposes. It must comply with Dutch legal requirements, including the Dutch Civil Code and financial regulations, while also considering EU regulatory framework where applicable. The agreement typically includes detailed provisions on facility terms, drawdown mechanics, security arrangements, representations and warranties, covenants, and enforcement rights, tailored to the specific needs of the transaction while ensuring compliance with Dutch banking and finance regulations.

1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers

2. Background: Context of the credit facility and purpose of the agreement

3. Definitions and Interpretation: Defined terms, rules of interpretation, and currency calculations

4. The Facility: Core terms of the credit facility including amount, purpose, and availability

5. Conditions Precedent: Documents and conditions required before drawdown

6. Drawdown: Procedures and requirements for utilizing the facility

7. Interest: Interest calculation, periods, rates, and payment provisions

8. Repayment: Terms for repayment of principal, including schedule and mechanisms

9. Prepayment: Voluntary and mandatory prepayment provisions

10. Tax Gross Up and Indemnities: Tax-related provisions and associated indemnities

11. Increased Costs: Provisions for dealing with changes in costs due to regulatory changes

12. Representations: Borrower's representations and warranties

13. Information Undertakings: Obligations to provide financial and other information

14. General Undertakings: Borrower's ongoing obligations and restrictions

15. Events of Default: Circumstances constituting default and consequences

16. Changes to Parties: Transfer and assignment provisions

17. Payment Mechanics: Payment procedures, timing, and currency provisions

18. Set-off: Rights of set-off and application of payments

19. Notices: Communication methods and contact details

20. Calculations and Certificates: Basis for calculations and evidence of amounts due

21. Governing Law and Enforcement: Choice of law and jurisdiction provisions