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Loan Offset Agreement
"I need a Loan Offset Agreement for a Belgian retail banking customer who wants to link their mortgage loan with their savings account, with standard consumer protection clauses and a planned implementation date of March 1, 2025."
1. Parties: Identification of all parties to the agreement, including the lender, borrower, and any account holders
2. Background: Context of the agreement, including reference to the existing loan agreement and offset account arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Offset Account', 'Loan Account', 'Offset Benefit', and 'Calculation Period'
4. Offset Arrangement: Core terms describing how the offset mechanism works, including calculation methods and timing
5. Interest Calculations: Detailed explanation of how interest will be calculated taking into account the offset benefit
6. Payment Terms: Terms regarding payments, including any adjustments to regular loan payments
7. Account Operation: Rules governing the operation of the offset account and restrictions on withdrawals
8. Rights and Obligations: Specific rights and obligations of each party under the offset arrangement
9. Term and Termination: Duration of the offset arrangement and circumstances under which it can be terminated
10. Representations and Warranties: Standard representations and warranties from all parties
11. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Multiple Account Provisions: Additional terms for cases where multiple offset accounts are linked to the loan
2. Security Provisions: Additional security arrangements if the offset account serves as security for the loan
3. Joint Account Holders: Special provisions for cases where the offset account has multiple account holders
4. Tax Provisions: Specific tax-related terms when the offset arrangement has significant tax implications
5. Foreign Currency Provisions: Special terms for cases where the loan and offset accounts are in different currencies
6. Consumer Protection Clauses: Additional protective clauses required when one party is a consumer under Belgian law
1. Schedule 1 - Loan Details: Details of the loan agreement including loan amount, interest rate, and term
2. Schedule 2 - Offset Account Details: Specifications of the offset account(s) including account numbers and types
3. Schedule 3 - Offset Calculation Methodology: Detailed methodology for calculating the offset benefit and interest savings
4. Schedule 4 - Fee Schedule: List of any fees associated with the offset arrangement
5. Appendix A - Sample Calculations: Examples of how the offset calculations work in practice
6. Appendix B - Account Operating Procedures: Detailed procedures for operating the offset account
Authors
Applicable Law
Banking Day
Borrower
Calculation Period
Credit Balance
Daily Balance
Default Event
Effective Date
Eligible Account
Interest Period
Interest Rate
Lender
Linked Account
Loan
Loan Account
Loan Agreement
Minimum Balance
Net Balance
Offset Account
Offset Amount
Offset Benefit
Offset Calculation Date
Offset Percentage
Offset Rate
Original Loan Agreement
Party/Parties
Payment Date
Permitted Withdrawal
Principal Amount
Reference Rate
Related Party
Relevant Interest Rate
Security
Security Interest
Statement Period
Term
Termination Date
Termination Event
Transaction
Interpretation
Offset Arrangement
Account Operation
Interest Calculation
Payment Terms
Security
Representations and Warranties
Covenants
Events of Default
Termination
Set-Off Rights
Assignment and Transfer
Notices
Amendments
Severability
Force Majeure
Confidentiality
Data Protection
Anti-Money Laundering
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Waiver
Third Party Rights
Costs and Expenses
Indemnification
Recording and Monitoring
Consumer Protection
Banking
Financial Services
Real Estate
Commercial Lending
Consumer Finance
Corporate Finance
Investment Management
Mortgage Lending
Asset Management
Legal
Compliance
Credit Risk
Product Development
Banking Operations
Treasury
Customer Relations
Financial Control
Risk Management
Retail Banking
Commercial Banking
Banking Lawyer
Financial Services Manager
Loan Officer
Credit Manager
Compliance Officer
Legal Counsel
Product Development Manager
Relationship Manager
Risk Manager
Treasury Manager
Account Manager
Mortgage Advisor
Banking Operations Manager
Financial Controller
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