The Investment Loan Agreement is a crucial financial instrument used when a business or organization seeks substantial financing for investment purposes under Belgian law. This document is typically employed when a borrower requires long-term funding for capital expenditure, expansion projects, acquisitions, or other significant investments. The agreement covers all essential aspects of the lending relationship, including detailed terms of the facility, security arrangements, drawdown mechanics, and ongoing obligations of all parties. Governed by Belgian law and compliant with EU regulations, it incorporates specific requirements from the Belgian Civil Code, Financial Law, and Code of Economic Law. The Investment Loan Agreement is particularly important as it not only establishes the lending relationship but also provides a framework for monitoring and ensuring proper use of the invested funds, making it essential for both lenders and borrowers to have clear documentation of their rights and obligations.
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1. Parties: Identification of the lender(s) and borrower(s) with full legal details
2. Background: Context of the investment loan and purpose of the facility
3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation
4. The Facility: Details of the loan amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest rate, calculation methods, and payment dates
8. Repayment: Terms and schedule for repayment of the loan
9. Prepayment: Terms and conditions for voluntary and mandatory prepayment
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Positive and negative obligations of the borrower during the loan term
12. Events of Default: Circumstances that constitute default and consequences
13. Changes to Parties: Rules for assignment and transfer of rights and obligations
14. Payment Mechanics: Details of payment procedures and calculations
15. Notices: Communication procedures between parties
16. Calculations and Certificates: Rules for calculations and evidence of amounts due
17. General Provisions: Miscellaneous legal provisions including severability and amendments
18. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction
1. Security: Required when the loan is secured by specific assets or guarantees
2. Guarantee: Used when third-party guarantees are part of the security package
3. Syndication Provisions: Required for loans involving multiple lenders
4. Tax Gross Up and Indemnities: Detailed tax provisions for cross-border transactions
5. Increased Costs: Provisions for regulatory changes affecting the lender's costs
6. Set-off Rights: Specific set-off provisions beyond standard Belgian law
7. Investment Monitoring: Required when specific investment oversight is needed
8. Currency Provisions: Required for multi-currency facilities
9. Subordination: Required when the loan needs to be subordinated to other debt
1. Schedule 1 - Conditions Precedent Documents: List of required documents and conditions to be satisfied before drawdown
2. Schedule 2 - Form of Drawdown Request: Template for borrower to request loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Schedule 4 - Form of Compliance Certificate: Template for periodic confirmation of covenant compliance
5. Schedule 5 - Investment Plan: Detailed breakdown of proposed investment use of proceeds
6. Schedule 6 - Security Documents: List and copies of all security documentation
7. Schedule 7 - Calculation of Interest Rate: Detailed methodology for interest calculations
8. Schedule 8 - Form of Transfer Certificate: Template for transferring loan participations
9. Appendix A - Contact Details: List of authorized contacts and notice details for all parties
10. Appendix B - Banking Details: Account information for all payment mechanics
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