Debt Assumption Agreement Template for Belgium

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Key Requirements PROMPT example:

Debt Assumption Agreement

"I need a Debt Assumption Agreement under Belgian law where my manufacturing company will take over a €2.5M equipment loan from our subsidiary, with the transfer to be completed by March 1, 2025; the original loan is secured by equipment that will remain with the subsidiary."

Document background
The Debt Assumption Agreement is a crucial document used when one party wishes to take over the debt obligations of another under Belgian law. This type of agreement is commonly utilized in corporate restructurings, acquisitions, or group-level debt reorganizations. The document must carefully address the requirements of Belgian Civil Code and financial regulations, particularly regarding the mechanism of debt transfer, consent requirements, and any security arrangements. It becomes necessary when companies undergo significant organizational changes, require debt restructuring, or implement strategic financial planning. The agreement must detail the original debt, specify the terms of assumption, and include all necessary consents and conditions to ensure enforceability under Belgian law.
Suggested Sections

1. Parties: Identification of the Original Debtor, New Debtor, and Creditor

2. Background: Context of the original debt and reasons for the assumption

3. Definitions: Definitions of key terms used throughout the agreement

4. Assumption of Debt: Core provisions detailing the debt being assumed and mechanism of transfer

5. Consideration: Details of any consideration paid between Original Debtor and New Debtor

6. Consent of Creditor: Express consent of the creditor to the assumption of debt

7. Representations and Warranties: Standard representations from all parties, particularly regarding capacity and authority

8. Original Debtor's Obligations: Ongoing obligations and releases of the Original Debtor

9. New Debtor's Obligations: Specific obligations assumed by the New Debtor

10. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction

11. Notices: Process for serving notices between parties

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Security Arrangements: Required if the original debt is secured - details transfer or replacement of security

2. Conditions Precedent: Include if the assumption is subject to specific conditions being met

3. Multiple Creditors: Required if there are multiple creditors - specifying their relationships and rights

4. Payment Terms: Include if payment terms differ from the original debt agreement

5. Tax Provisions: Include specific tax provisions if there are significant tax implications

6. Further Assurance: Include if additional documentation or actions may be required post-completion

7. Partial Assumption: Required if only part of the debt is being assumed

8. Step-in Rights: Include if creditor requires right to transfer debt to another party

Suggested Schedules

1. Original Debt Agreement: Copy or details of the original debt agreement being assumed

2. Debt Details: Specific details of the debt including amount, interest, payment schedule

3. Security Documents: If applicable, details of any security arrangements

4. Creditor Consent Form: Formal consent document from creditor(s)

5. Payment Schedule: If payment terms are modified, detailed new payment schedule

6. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

7. Conditions Precedent Checklist: If applicable, list of conditions and their status

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Banking & Financial Services

Real Estate

Construction

Manufacturing

Retail

Healthcare

Energy

Infrastructure

Transportation

Technology

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Development

Credit Control

Accounting

Corporate Secretariat

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Finance Manager

Financial Controller

Legal Counsel

General Counsel

Compliance Officer

Risk Manager

Corporate Secretary

Business Development Director

Restructuring Officer

Credit Manager

Account Manager

Transaction Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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