This Unregulated Credit Agreement template is specifically designed for use in commercial lending transactions under Belgian law where the credit arrangement falls outside the scope of regulated lending activities. It is typically used for business-to-business lending, corporate financing, or sophisticated commercial transactions where parties have significant negotiating power and financial expertise. The document includes comprehensive provisions for credit facility terms, drawdown mechanisms, repayment structures, and security arrangements, while ensuring compliance with Belgian civil law and commercial practices. This template is particularly valuable for situations where parties require flexibility in structuring their credit arrangements while maintaining legal certainty under Belgian jurisdiction.
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1. Parties: Identification and details of the lender and borrower
2. Background: Context of the credit arrangement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. The Credit Facility: Details of the credit amount, purpose, and availability
5. Drawdown: Conditions and procedures for accessing the credit
6. Interest: Interest rate, calculation method, and payment terms
7. Repayment: Repayment schedule, methods, and prepayment provisions
8. Representations and Warranties: Statements of fact and assurances from the borrower
9. Borrower Covenants: Ongoing obligations and restrictions on the borrower
10. Events of Default: Circumstances constituting default and consequences
11. Indemnities: Borrower's obligations to compensate lender for specified losses
12. Changes to Parties: Rules regarding assignment and transfer of rights
13. Notices: Communication requirements and contact details
14. Calculations and Certificates: Rules for financial calculations and certifications
15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
16. Execution: Signature blocks and execution requirements
1. Security: Include when the credit facility is secured by collateral or guarantees
2. Insurance Requirements: Include when specific insurance coverage is required for the credit
3. Interest Rate Hedging: Include when interest rate hedging arrangements are part of the facility
4. Multiple Borrowers: Include when there are multiple borrowers or joint liability provisions
5. Tax Gross-Up and Indemnities: Include when tax implications need specific attention
6. Currency Provisions: Include when the facility involves multiple currencies
7. Electronic Execution: Include when the agreement may be executed electronically
8. Data Protection: Include detailed GDPR compliance provisions when personal data processing is extensive
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Form of Drawdown Request: Template for borrower to request credit disbursement
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Calculation of Interest Rate: Detailed methodology for interest calculation
5. Form of Transfer Certificate: Template for transferring rights under the agreement
6. Security Details: Detailed description of any security or collateral (if applicable)
7. Contact Details: Comprehensive contact information for all parties
8. Fee Schedule: Detailed breakdown of all applicable fees and charges
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