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Loan And Security Agreement
"I need a Loan and Security Agreement under Belgian law for a €5 million equipment financing facility between our manufacturing company and ABC Bank, with security over our machinery and receivables, to be completed by March 2025."
1. Parties: Identification of the Lender(s) and Borrower(s), including full legal names and registration details
2. Background: Context of the loan arrangement and security package
3. Definitions and Interpretation: Defined terms, rules of interpretation, and currency conventions
4. The Facility: Core loan terms including amount, purpose, and availability period
5. Interest: Interest rate, calculation methods, and payment provisions
6. Repayment: Repayment schedule, prepayment terms, and mandatory prepayment events
7. Security: Creation and terms of security interests, including scope and ranking
8. Representations and Warranties: Statements of fact and assurances from the Borrower
9. Covenants: Positive and negative obligations of the Borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Rights and procedures for enforcing security upon default
12. Costs and Expenses: Allocation of transaction costs and ongoing expenses
13. Notices: Communication methods and contact details
14. Assignment and Transfer: Rules for transferring rights and obligations under the agreement
15. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction provisions
1. Syndication Provisions: Required for multiple lenders, including voting rights and agent provisions
2. Guarantee: Include when third-party guarantees are part of the security package
3. Subordination: Required when there are multiple creditors with different rankings
4. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border transactions
5. Increased Costs: Protection for lenders against regulatory changes affecting loan costs
6. Market Disruption: Provisions for handling interest rate benchmark disruptions
7. Multiple Currencies: Required for facilities involving multiple currencies
8. Insurance: Detailed insurance requirements for specific types of collateral
1. Conditions Precedent: List of required documents and conditions for loan drawdown
2. Form of Drawdown Request: Template for requesting loan disbursements
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Security Documents: Forms of specific security documents and filing requirements
5. Collateral Description: Detailed description of all assets subject to security interests
6. Form of Compliance Certificate: Template for periodic financial covenant compliance reporting
7. Permitted Security Interests: List of pre-approved security interests
8. Existing Financial Indebtedness: Schedule of borrower's existing debt obligations
9. Contact Details: Comprehensive contact information for all parties
Authors
Additional Security
Affiliate
Agreement
Applicable Law
Asset List
Assignment Fee
Availability Period
Belgian Civil Code
Belgian Pledge Act
Belgian Security
Borrower
Business Day
Change of Control
Charged Assets
Collateral
Compliance Certificate
Conditions Precedent
Confidential Information
Default
Default Interest
Default Notice
Drawdown Date
Drawdown Notice
Enforcement Event
Enforcement Notice
Event of Default
Existing Security
Facility
Facility Amount
Fee Letter
Finance Documents
Finance Parties
Financial Indebtedness
Financial Statements
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Maturity Date
Obligors
Parallel Debt
Permitted Security
Pledge
Pledge Agreement
Prepayment Amount
Principal Amount
Quasi-Security
Reference Banks
Relevant Jurisdiction
Repayment Date
Repayment Schedule
Secured Assets
Secured Obligations
Secured Parties
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Signing Date
Subsidiary
Tax
Transaction Documents
Transfer Certificate
Utilization
Utilization Date
Utilization Request
Definitions
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security Creation
Security Perfection
Further Assurance
Representations and Warranties
Financial Covenants
General Undertakings
Information Undertakings
Events of Default
Acceleration
Security Enforcement
Payment Mechanics
Set-off
Assignment and Transfer
Changes to Parties
Confidentiality
Notices
Calculations
Fees
Expenses
Indemnities
Currency
Tax Gross-up
Increased Costs
Amendments
Severability
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Service of Process
Banking
Financial Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Energy
Infrastructure
Agriculture
Transportation
Construction
Telecommunications
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Commercial Banking
Investment Banking
Operations
Administration
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Officer
Relationship Manager
Security Trustee
Compliance Officer
Financial Controller
Banking Executive
Commercial Director
Investment Manager
Asset Manager
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