The Drawdown Loan Agreement is essential for transactions where a borrower requires flexible access to funds over time, rather than receiving the entire loan amount upfront. This document is commonly used in the Netherlands for corporate financing, project financing, and general commercial lending. It establishes a facility under which the borrower can draw funds multiple times up to an agreed maximum amount, subject to specified conditions. The agreement must comply with Dutch law, particularly the Dutch Civil Code and financial regulations, and typically includes detailed provisions on drawdown procedures, interest calculations, repayment terms, security arrangements (if applicable), and borrower obligations. This type of agreement is particularly useful for businesses with ongoing funding needs or projects with phased implementation.
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1. Parties: Identification of the lender and borrower, including full legal names and addresses
2. Background: Context of the loan agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. The Facility: Details of the loan facility, including amount, purpose, and availability period
5. Drawdown Conditions: Conditions precedent and process for drawing down the loan
6. Interest: Interest rate, calculation method, and payment terms
7. Repayment: Terms for repayment of the loan, including schedule and prepayment provisions
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Borrower Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances that constitute default and their consequences
11. Changes to Parties: Rules regarding assignment and transfer of rights and obligations
12. Notices: How formal communications between parties should be made
13. Calculations and Certificates: Rules for calculations and validity of certificates
14. General Provisions: Miscellaneous legal provisions including severability and amendments
15. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Security: Terms relating to any security or collateral for the loan - include if the loan is secured
2. Guarantees: Terms relating to any guarantees - include if there are guarantors
3. Tax Gross Up: Provisions for tax payments and gross-up obligations - include if tax implications are relevant
4. Increased Costs: Provisions dealing with regulatory changes affecting the lender's costs - include for regulated lenders
5. Market Disruption: Provisions dealing with market disruption events - include if using market-based interest rates
6. Multiple Lenders: Provisions for syndicated lending - include if more than one lender
7. Break Costs: Provisions for compensation if loan is repaid early - include if early repayment is permitted
1. Form of Drawdown Request: Template for borrower to request drawdown of funds
2. Conditions Precedent: Detailed list of documents and conditions required before drawdown
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Transfer Certificate: Template for transferring rights and obligations to new parties
5. Calculation of Interest Rate: Detailed methodology for calculating applicable interest rates
6. Form of Compliance Certificate: Template for periodic compliance certification by borrower
7. Security Documents: Details of any security arrangements and related documentation
Relevant legal definitions
Availability Period
Business Day
Commitment
Default
Default Interest
Drawdown
Drawdown Date
Drawdown Notice
Drawdown Period
Event of Default
Facility
Facility Amount
Finance Documents
Financial Indebtedness
Financial Statements
Governing Law
Interest Payment Date
Interest Period
Interest Rate
Legal Reservations
Lender
Loan
Material Adverse Effect
Outstanding Amount
Parties
Permitted Security
Potential Default
Prepayment Amount
Prepayment Date
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Tax
Transaction Documents
Utilization
VAT
Working Capital
Business Day
Commitment
Default
Default Interest
Drawdown
Drawdown Date
Drawdown Notice
Drawdown Period
Event of Default
Facility
Facility Amount
Finance Documents
Financial Indebtedness
Financial Statements
Governing Law
Interest Payment Date
Interest Period
Interest Rate
Legal Reservations
Lender
Loan
Material Adverse Effect
Outstanding Amount
Parties
Permitted Security
Potential Default
Prepayment Amount
Prepayment Date
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Tax
Transaction Documents
Utilization
VAT
Working Capital
Clauses
Definitions
Interpretation
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Tax Gross-up
Increased Costs
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Market Disruption
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Severability
Counterparts
Assignment
Third Party Rights
Governing Law
Enforcement
Jurisdiction
Interpretation
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Tax Gross-up
Increased Costs
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Market Disruption
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Severability
Counterparts
Assignment
Third Party Rights
Governing Law
Enforcement
Jurisdiction
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Technology
Healthcare
Energy
Infrastructure
Retail
Transportation & Logistics
Agriculture
Construction
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Banking
Operations
Deal Advisory
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Loan Officer
Corporate Banker
Financial Controller
Managing Director
Company Secretary
Risk Manager
Business Development Manager
Project Finance Manager
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