The Lending Loan Agreement under Belgian law serves as the primary documentation for financing arrangements in Belgium, whether for commercial, corporate, or consumer purposes. This document type is essential for any lending transaction where Belgian law applies, typically used when either the lender or borrower is based in Belgium, or when the financing relates to Belgian assets. The agreement must comply with specific Belgian regulatory requirements, including those set out in the Civil Code and the Code of Economic Law. A properly structured Lending Loan Agreement will include provisions for the facility amount, interest calculation methods (conforming to Belgian usury laws), repayment terms, security arrangements (if any), and events of default, all tailored to ensure enforceability under Belgian law. It's particularly important that the document addresses mandatory Belgian law provisions regarding interest rates, consumer protection (where applicable), and financial services regulations.
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1. Parties: Identification and details of the lender and borrower
2. Background: Context of the loan agreement and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. The Facility: Key terms of the loan including amount, purpose, and availability
5. Interest: Interest rate, calculation method, and payment dates
6. Repayment: Repayment schedule, prepayment terms, and payment mechanics
7. Representations and Warranties: Statements of fact and assurances from the borrower
8. Covenants: Ongoing obligations of the borrower during the loan term
9. Events of Default: Circumstances that trigger default and consequences
10. Changes to Parties: Rules for assignment and transfer of rights
11. Notices: Communication procedures between parties
12. Calculations and Certificates: Rules for calculations and evidential value of certificates
13. General Provisions: Miscellaneous legal provisions including severability and amendments
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
1. Security: Terms of any security or collateral - include if loan is secured
2. Guarantees: Terms of any guarantees - include if there are guarantors
3. Conditions Precedent: Pre-disbursement conditions - include for complex commercial loans
4. Tax Gross Up and Indemnities: Tax-related provisions - include for cross-border or complex loans
5. Increased Costs: Provisions for regulatory changes - include for longer-term commercial loans
6. Set-off Rights: Rights to set off debts - include for commercial loans
7. Currency Provisions: Include if loan involves multiple currencies
8. Anti-corruption Provisions: Include for commercial or high-value loans
9. Data Protection: Include if personal data processing is involved
1. Conditions Precedent: List of required documents and conditions
2. Form of Drawdown Request: Template for requesting loan disbursements
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Transfer Certificate: Template for transferring loan participation
5. Security Documents: Details of security arrangements if applicable
6. Calculation of Interest Rate: Detailed methodology for interest calculations
7. Contact Details: List of authorized contacts and addresses
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