The Business Loan Agreement Form is a critical legal instrument used in Belgian commercial financing transactions when a business entity seeks to obtain funding from a financial institution. This document, governed by Belgian law and compliant with EU regulations, serves as the primary contract defining the lending relationship. It encompasses essential elements including loan amount, interest calculations, repayment schedules, security arrangements, and borrower covenants. The agreement must comply with the Belgian Civil Code, the Code of Economic Law, and relevant banking regulations. It's particularly important for establishing clear terms, minimizing risk, and ensuring enforceability under Belgian jurisdiction. The document typically requires careful review by legal counsel and financial advisors to ensure all regulatory requirements are met and both parties' interests are properly protected.
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1. Parties: Identification of the Lender and Borrower with full legal names, registration numbers, and registered addresses
2. Background: Context of the loan agreement, including purpose and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest Rate and Calculations: Details of interest rate (fixed or variable), calculation method, and payment periods
6. Drawdown and Disbursement: Conditions and procedures for disbursement of the loan
7. Repayment Terms: Schedule of repayments, including principal and interest payment dates
8. Security and Collateral: Description of assets or guarantees securing the loan
9. Representations and Warranties: Statements of fact and assurances from the Borrower
10. Covenants: Positive and negative obligations of the Borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences thereof
12. Fees and Expenses: All applicable fees, charges, and cost allocations
13. Notices: Communication procedures and contact details for formal notices
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Guarantees: Required when third-party guarantees are part of the security structure
2. Insurance Requirements: Detailed when specific insurance coverage is required for secured assets
3. Tax Provisions: Included when specific tax considerations need to be addressed
4. Assignment and Transfer: Required when the loan may be transferable or syndicated
5. Financial Covenants: Included for loans with specific financial performance requirements
6. Cross-Default: Required when linking defaults under other agreements
7. Currency Provisions: Needed for loans involving multiple currencies
8. Force Majeure: Optional clause addressing extraordinary circumstances affecting loan performance
1. Repayment Schedule: Detailed amortization table showing all payment dates and amounts
2. Security Details: Comprehensive description of collateral and security arrangements
3. Conditions Precedent: List of documents and conditions required before loan disbursement
4. Form of Drawdown Notice: Template for requesting loan disbursements
5. Financial Covenants Calculations: Formulas and methods for calculating financial ratios
6. Permitted Security Interests: List of pre-approved security interests and encumbrances
7. Required Insurance: Details of required insurance coverage and terms
8. Fee Schedule: Breakdown of all applicable fees and charges
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