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Finance Agreement Template for Netherlands

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Key Requirements PROMPT example:

Finance Agreement

"I need a Finance Agreement under Dutch law for a €5 million bilateral loan between ABC Bank N.V. as lender and XYZ Tech B.V. as borrower, with quarterly repayments starting March 2025."

Document background
The Finance Agreement serves as the primary document governing financial facilities provided by lenders to borrowers in the Netherlands. It is essential for various financing transactions, including corporate loans, asset financing, project finance, and working capital facilities. The agreement must comply with Dutch legal requirements, particularly the Civil Code (Burgerlijk Wetboek) and Financial Supervision Act (Wft), while also considering relevant EU regulations. This document typically includes detailed provisions on facility terms, security arrangements, conditions precedent, representations and warranties, covenants, and events of default. The Finance Agreement is crucial for establishing clear rights and obligations of all parties involved in the financing transaction, while ensuring regulatory compliance and risk management. It is particularly important in secured lending transactions and can be adapted for both bilateral and syndicated lending arrangements.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names and registration details

2. Background: Context of the agreement and brief description of the transaction

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. The Facility: Details of the financial facility, including amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawdown: Procedures and requirements for drawing down the facility

7. Interest and Fees: Interest rates, calculation methods, and all applicable fees

8. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Positive and negative obligations of the borrower during the facility period

11. Events of Default: Circumstances that constitute default and consequences thereof

12. Changes to Parties: Rules regarding assignment, transfer, and succession

13. Notices: Communication procedures between parties

14. Miscellaneous: General provisions including severability, amendments, and governing law

15. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction arrangements

Optional Sections

1. Security: Required when the facility is secured, detailing all security arrangements and enforcement rights

2. Guarantee: Needed when third-party guarantees are part of the transaction

3. Syndication Provisions: Required for syndicated facilities, including agency and voting provisions

4. Tax Provisions: Detailed tax clauses needed for cross-border transactions or specific tax arrangements

5. Market Disruption: Required for facilities with variable interest rates, addressing market disruption scenarios

6. Increased Costs: Required when lender needs protection against regulatory changes affecting costs

7. Anti-corruption Provisions: Detailed provisions required for international transactions or high-risk sectors

8. Sanctions Compliance: Required when there are international parties or cross-border elements

Suggested Schedules

1. Schedule 1 - Conditions Precedent Documents: List of all required documents and conditions to be satisfied

2. Schedule 2 - Form of Drawdown Request: Standard form for requesting drawdowns under the facility

3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Schedule 4 - Form of Compliance Certificate: Template for periodic compliance certification

5. Schedule 5 - Security Documents: List and copies of all security documents (if applicable)

6. Schedule 6 - Financial Covenants Calculations: Detailed methodology for calculating financial covenants

7. Appendix A - Contact Details: Contact information for all parties and authorized representatives

8. Appendix B - Fee Schedule: Detailed breakdown of all applicable fees and charges

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























































Clauses







































Relevant Industries

Banking

Financial Services

Real Estate

Infrastructure

Energy

Manufacturing

Technology

Healthcare

Retail

Transportation

Agriculture

Construction

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Banking

Operations

Investment

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Relationship Manager

Corporate Banking Manager

Finance Manager

Financial Controller

Investment Manager

Chief Legal Officer

Banking Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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