This Standard Loan Agreement is designed for use in Belgium and is structured in accordance with Belgian civil and commercial law requirements. It serves as the primary documentation for commercial lending transactions, whether for corporate financing, business expansion, or asset acquisition. The agreement includes comprehensive provisions covering loan disbursement, interest calculations, repayment schedules, security arrangements, events of default, and remedies. It incorporates necessary compliance elements for Belgian financial regulations and relevant EU directives, making it suitable for both domestic and cross-border transactions. The document is particularly valuable for financial institutions and businesses engaging in lending activities within Belgium, offering a robust framework that protects both lender and borrower interests while ensuring legal enforceability.
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1. Parties: Identification of the lender(s) and borrower(s) 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: Repayment schedule, methods, and conditions
7. Prepayment: Terms and conditions for early repayment, including any prepayment penalties
8. Conditions Precedent: Conditions that must be satisfied before the loan becomes available
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances that would constitute a default and their 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 for financial calculations and certifications
15. General Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments
16. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Security: Details of any collateral or guarantees - include when the loan is secured
2. Guarantee: Terms of any guarantees - include when there are guarantors
3. Agent Provisions: Administrative and decision-making procedures - include for syndicated loans with multiple lenders
4. Tax Gross-Up and Indemnities: Detailed tax provisions - include for cross-border loans or complex tax situations
5. Increased Costs: Provisions for regulatory changes affecting the lender's costs - include for longer-term loans
6. Set-off Rights: Rights to set off debts against other accounts - include when parties have multiple financial relationships
7. Payment Mechanics: Detailed payment procedures - include for complex payment arrangements or multiple currencies
8. Parallel Debt: Special provision used in Belgian law for certain security structures - include when using a security agent
1. Schedule 1 - Conditions Precedent Documents: List of all documents required before loan drawdown
2. Schedule 2 - Form of Drawdown Request: Template for requesting disbursement of loan funds
3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Schedule 4 - Form of Transfer Certificate: Template for transferring loan participation
5. Schedule 5 - Form of Compliance Certificate: Template for periodic compliance reporting
6. Appendix A - Interest Calculation Examples: Examples showing how interest will be calculated
7. Appendix B - Security Documents: Copies or forms of any security documentation
8. Appendix C - Fee Schedule: Detailed breakdown of all applicable fees and charges
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