The Loan Agreement Contract is a fundamental financial instrument used to formalize lending arrangements under Belgian law. It serves as the primary document governing the relationship between lenders and borrowers in Belgium, whether for commercial, personal, or specialized lending purposes. The agreement must comply with Belgian civil law requirements, financial regulations, and where applicable, consumer protection legislation. It typically includes detailed provisions on loan amount, interest calculation methods, repayment schedules, security arrangements, events of default, and remedies. The document is particularly important in the Belgian context due to specific regulatory requirements regarding interest rate calculations, mandatory information disclosure, and consumer protection measures. This type of agreement is essential for any lending transaction in Belgium, whether it involves individual borrowers, commercial entities, or financial institutions.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan amount, purpose, and availability
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Terms and schedule for repayment of the principal amount
7. Payments: Payment mechanics, currency, and business day conventions
8. Representations and Warranties: Standard representations made by the borrower about their legal and financial status
9. Information Undertakings: Borrower's obligations to provide financial and other information
10. General Undertakings: Borrower's general obligations during the term of the loan
11. Events of Default: Circumstances that would constitute a default and consequences
12. Changes to Parties: Rules regarding assignment and transfer of rights and obligations
13. Notices: How formal communications between parties should be made
14. Calculations and Certificates: Rules regarding calculations and certificates under the agreement
15. Severability: Provisions for maintaining validity if parts are found unenforceable
16. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
1. Security: Required if the loan is secured - details of collateral and security arrangements
2. Guarantees: Required if there are third-party guarantors of the loan
3. Insurance: Required if specific insurance coverage is mandatory for the loan
4. Financial Covenants: Include for commercial loans where financial ratios must be maintained
5. Tax Gross-Up and Indemnities: Include if tax implications need to be addressed specifically
6. Increased Costs: Include for longer-term loans to address potential regulatory changes
7. Right of Withdrawal: Required for consumer loans under Belgian consumer protection law
8. Prepayment: Include if early repayment is permitted and any associated fees
9. Multiple Currencies: Include if the loan can be drawn in different currencies
10. Anti-Corruption Provisions: Include for commercial loans or where required by lender policy
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Conditions Precedent: List of documents and conditions required before loan drawdown
3. Form of Drawdown Request: Template for borrower to request loan disbursement
4. Form of Compliance Certificate: Template for periodic compliance certification
5. Security Details: Detailed description of any security or collateral (if applicable)
6. Fee Schedule: Breakdown of all applicable fees and charges
7. Interest Calculation Examples: Examples showing how interest will be calculated
8. Required Insurance: Details of required insurance coverage (if applicable)
9. Form of Transfer Certificate: Template for transferring rights under the agreement
10. Know Your Customer Requirements: List of required customer due diligence documents
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