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Loan Transfer Agreement
"I need a Loan Transfer Agreement under Dutch law for transferring a €5 million commercial loan from ABN AMRO to Rabobank, with completion scheduled for March 15, 2025; the transfer should include all associated rights but no security interests."
1. Parties: Identification of the Existing Lender, New Lender, and Borrower (if party to the agreement)
2. Background: Details of the existing loan agreement, reason for transfer, and context of the transaction
3. Definitions: Definitions of key terms used throughout the agreement, including reference to original loan agreement definitions
4. Transfer and Assignment: Core provisions detailing the transfer of rights, obligations, and claims from Existing Lender to New Lender
5. Transfer Price and Payment: Details of the consideration for the transfer and payment mechanics
6. Effectiveness and Completion: Conditions precedent, timing of transfer, and completion mechanics
7. Representations and Warranties: Statements of fact and assurances from both Existing Lender and New Lender
8. Undertakings: Ongoing obligations of the parties post-transfer
9. Notices: Communication procedures between parties
10. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction for disputes
11. Miscellaneous: Standard boilerplate provisions including severability, amendments, and counterparts
1. Security Transfer: Required when existing security rights need to be transferred alongside the loan
2. Regulatory Compliance: Required for transfers involving regulated financial institutions or when specific regulatory approvals are needed
3. Tax Provisions: Include when specific tax arrangements or allocations need to be addressed
4. Data Protection: Required when personal data is being transferred, especially for consumer loans
5. Borrower Consent: Include when explicit borrower consent is required or being obtained through this agreement
6. Interest and Fees Apportionment: Required when there needs to be specific allocation of interest and fees between Existing and New Lender
7. Further Assurance: Include when additional actions may be required post-completion to perfect the transfer
1. Details of Transferred Loan: Specific details of the loan being transferred, including amount, maturity, interest rate
2. Form of Transfer Notice: Template notice to be sent to Borrower and other relevant parties
3. Completion Requirements: Checklist of documents and actions required for completion
4. Security Documents: List and copies of relevant security documents being transferred
5. Original Loan Agreement: Copy of the original loan agreement and any amendments
6. Outstanding Amounts: Detailed breakdown of outstanding principal, interest, and other amounts as of the transfer date
7. Required Consents: Copies of any required third-party or regulatory consents
Authors
Financial Services
Banking
Investment Management
Private Equity
Real Estate
Corporate Finance
Asset Management
Insurance
Commercial Lending
Consumer Finance
Legal
Finance
Compliance
Credit Risk
Treasury
Portfolio Management
Transaction Management
Loan Administration
Due Diligence
Regulatory Affairs
Investment
Corporate Finance
Legal Counsel
Finance Manager
Compliance Officer
Credit Risk Manager
Transaction Manager
Portfolio Manager
Corporate Lawyer
Banking Lawyer
Chief Financial Officer
Treasury Manager
Loan Administrator
Investment Manager
Due Diligence Officer
Regulatory Compliance Manager
Financial Controller
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