The Business Loan Contract serves as the primary legal instrument for documenting commercial lending transactions in Belgium. It is used when a business entity seeks financing from a financial institution, establishing the legal framework for the loan relationship. The document must comply with Belgian financial regulations, including the Belgian Civil Code and the Code of Economic Law, while also adhering to relevant EU directives. This contract type typically includes detailed provisions on loan amount, interest calculations, security arrangements, representations and warranties, and events of default. It's particularly important for ensuring legal certainty in commercial lending transactions and protecting both lender and borrower interests under Belgian jurisdiction. The document's structure reflects specific requirements of Belgian commercial law while incorporating international banking practices.
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1. Parties: Identification of the Lender and Borrower, including full legal names, registration numbers, and registered addresses
2. Background: Context of the loan agreement, including purpose of the loan and any relevant business relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement, including financial terms and technical terminology
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of the funds
5. Interest Rate and Calculations: Details of interest rate (fixed or variable), calculation method, and payment periods
6. Drawdown Conditions: Conditions precedent and procedures for accessing the loan funds
7. Repayment Terms: Schedule of repayments, including principal and interest payment dates
8. Representations and Warranties: Statements of fact and assurances given by the Borrower regarding their business and financial condition
9. Covenants: Ongoing obligations of the Borrower, including financial covenants and reporting requirements
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Fees and Costs: All applicable fees, charges, and cost allocation between parties
12. Notices: Methods and addresses for formal communications between parties
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
14. Execution: Signature blocks and execution requirements
1. Security Arrangements: Details of any collateral or security provided - include when loan is secured
2. Guarantees: Terms of any personal or corporate guarantees - include when third-party guarantees are provided
3. Insurance Requirements: Specific insurance obligations - include when collateral requires insurance coverage
4. Early Repayment Provisions: Terms for early repayment options - include when early repayment is permitted
5. Syndication Provisions: Terms for loan syndication - include for larger loans that may be syndicated
6. Tax Provisions: Detailed tax implications and responsibilities - include when complex tax arrangements apply
7. Change of Control: Provisions regarding change in borrower ownership - include for corporate borrowers
8. Assignment and Transfer: Terms for transferring loan rights - include when transfer rights are contemplated
1. Repayment Schedule: Detailed amortization table showing all payment dates and amounts
2. Conditions Precedent: List of all documents and conditions required before drawdown
3. Form of Drawdown Notice: Template for requesting disbursement of loan funds
4. Security Documents: Details of collateral and security arrangements, if applicable
5. Financial Covenants: Specific financial ratios and requirements to be maintained
6. Permitted Security Interests: List of pre-approved security interests and encumbrances
7. Required Insurance: Details of required insurance coverage and terms
8. Fees Schedule: Detailed breakdown of all applicable fees and charges
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