Facility Agreement Loan Template for Netherlands

A Facility Agreement Loan governed by Dutch law is a comprehensive legal document that establishes the terms and conditions for a lending facility between financial institutions (as lenders) and corporate entities (as borrowers). The agreement is structured according to Dutch legal requirements and banking practices, incorporating essential provisions for lending, security, representations, warranties, and covenants. It details the facility amount, interest calculations, repayment terms, conditions precedent, and events of default, while ensuring compliance with Dutch financial regulations and the Dutch Civil Code (Burgerlijk Wetboek).

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What is a Facility Agreement Loan?

The Facility Agreement Loan is a fundamental document in corporate lending transactions under Dutch law, used to establish and govern credit facilities provided by financial institutions to corporate borrowers. This agreement type is essential for both bilateral and syndicated lending arrangements, detailing all aspects of the lending relationship including facility amounts, interest rates, repayment terms, security arrangements, and covenant packages. The document must comply with Dutch legal requirements, particularly the Dutch Civil Code and Financial Supervision Act, while often incorporating international lending practices. It's typically used for corporate financing, acquisition financing, real estate financing, or general corporate purposes, and can be adapted for both secured and unsecured facilities. The agreement includes comprehensive provisions for drawdown mechanics, conditions precedent, representations and warranties, undertakings, and events of default, structured to provide clarity and certainty for all parties involved.

What sections should be included in a Facility Agreement Loan?

1. Parties: Identification of the lender(s), borrower(s), facility agent (if applicable), and other primary parties to the agreement

2. Background: Brief description of the transaction and its purpose

3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules used throughout the agreement

4. The Facility: Core terms of the facility including amount, purpose, and availability period

5. Conditions Precedent: Documents and conditions required before drawdown

6. Utilisation: Process and requirements for drawing down the facility

7. Repayment: Terms for repayment of the facility including scheduled repayments

8. Prepayment and Cancellation: Voluntary and mandatory prepayment provisions and cancellation rights

9. Interest: Interest calculation, periods, and payment provisions including default interest

10. Fees: All fees payable under the facility including arrangement, commitment, and agency fees

11. Tax Gross Up and Indemnities: Tax provisions including gross-up obligations and tax indemnities

12. Increased Costs: Provisions dealing with changes in law or regulations affecting lenders' costs

13. Representations: Borrower's representations and warranties

14. Information Undertakings: Obligations to provide financial and other information

15. Financial Covenants: Financial ratios and other financial requirements to be maintained

16. General Undertakings: General positive and negative covenants

17. Events of Default: Circumstances constituting default and consequences

18. Changes to Parties: Transfer and assignment provisions

19. Payment Mechanics: Administrative provisions regarding payments

20. Set-off: Rights of set-off and their application

21. Notices: Communication requirements and contact details

22. Calculations and Certificates: Provisions regarding calculations and evidence

23. Partial Invalidity: Severability provisions

24. Remedies and Waivers: Rights and waivers provisions

25. Amendments and Waivers: Process for making changes to the agreement

26. Governing Law: Dutch law as governing law provision

27. Enforcement: Jurisdiction and enforcement provisions

What sections are optional to include in a Facility Agreement Loan?

1. Security: Required if the facility is secured, detailing security structure and enforcement

2. Guarantee: Required if there are guarantors, containing guarantee provisions

3. Subordination: Required if there is structural subordination of debt

4. Accordion Facility: Optional section for potential facility increases

5. Multiple Currencies: Required if the facility can be drawn in multiple currencies

6. Majority Lenders: Required for syndicated facilities, defining voting rights and decision-making

7. Agency Provisions: Required for syndicated facilities, detailing facility agent's role

8. Reference Rate Provisions: Required for floating rate facilities, including EURIBOR provisions and fallbacks

9. Green Loan Provisions: Required for green loans, including sustainability targets and reporting

10. Sanctions and Anti-Corruption: Enhanced provisions for regulated lenders or high-risk jurisdictions

What schedules should be included in a Facility Agreement Loan?

1. Conditions Precedent: Detailed list of required CP documents and conditions

2. Form of Utilisation Request: Standard form for drawdown requests

3. Form of Transfer Certificate: Standard form for transfers between lenders

4. Form of Compliance Certificate: Template for periodic compliance certification

5. Repayment Schedule: Detailed amortization schedule if applicable

6. Form of Accession Deed: For additional borrowers or guarantors joining the facility

7. Financial Covenants Calculations: Detailed calculations for financial covenants

8. Existing Security: List of permitted existing security if applicable

9. Existing Financial Indebtedness: List of permitted existing debt

10. Contact Details: Detailed contact information for all parties

11. Form of Confidentiality Undertaking: Standard NDA for potential transferees

12. Timetables: Detailed timing requirements for notices and payments

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use

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