The Loan With Collateral Agreement is a crucial document used in secured lending transactions under Dutch law, typically employed when a lender requires specific assets as security for a loan facility. This agreement is essential for commercial lending operations where risk mitigation through collateral is necessary. It combines standard loan provisions with detailed security arrangements, incorporating requirements from the Dutch Civil Code (Burgerlijk Wetboek), particularly regarding property law and security rights. The document is designed to comply with Dutch financial regulations and includes provisions for collateral valuation, monitoring, and enforcement. It's commonly used in business financing, real estate transactions, and asset-based lending, providing lenders with enforceable security rights while establishing clear obligations for borrowers regarding both loan repayment and collateral maintenance.
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1. Parties: Identification of the lender(s) and borrower(s), including full legal names and addresses
2. Background: Context of the loan agreement, including purpose of the loan and relationship between parties
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Loan: Core terms of the loan including amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, payment periods, and default interest provisions
6. Repayment: Repayment schedule, methods of payment, and early repayment provisions
7. Security: Description of collateral, creation of security interest, and perfection requirements
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences thereof
11. Enforcement: Rights and remedies of the lender in case of default, including collateral execution
12. Costs and Expenses: Allocation of costs related to the loan and security arrangements
13. Notices: Method and addresses for formal communications between parties
14. General Provisions: Standard clauses including severability, amendments, governing law, and jurisdiction
1. Security Agent: Required when there are multiple lenders and a security agent is appointed to hold the security
2. Guarantee: Include when there are third-party guarantors for the loan
3. Insurance: Detailed insurance requirements when the collateral requires specific insurance coverage
4. Tax Provisions: Extended tax clauses when cross-border elements or complex tax structures are involved
5. Assignment and Transfer: Detailed provisions when the loan is expected to be transferable or syndicated
6. Priority and Subordination: Required when there are multiple creditors or ranking of security interests
7. Valuation: Include when regular valuation of the collateral is required
8. Account Bank Provisions: When specific bank accounts are required for loan operations
1. Loan Terms Schedule: Detailed financial terms including loan amount, interest rates, and payment schedule
2. Collateral Schedule: Detailed description and documentation of all assets provided as collateral
3. Conditions Precedent: List of documents and conditions required before loan drawdown
4. Form of Drawdown Request: Template for borrower to request loan disbursement
5. Security Documents: Forms of pledge agreements, mortgage deeds, or other security instruments
6. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
7. Repayment Schedule: Detailed amortization schedule showing all payment dates and amounts
8. Insurance Requirements: Specific insurance requirements for the collateral
Relevant legal definitions
Account Bank
Agreement
Availability Period
Business Day
Collateral
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Financial Statements
GDPR
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Legal Reservation
Lender
Loan
Material Adverse Effect
Maturity Date
Party/Parties
Permitted Encumbrance
Pledge Agreement
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Agent
Security Documents
Security Interest
Security Period
Tax
Valuation
Valuation Report
Working Day
Agreement
Availability Period
Business Day
Collateral
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Financial Statements
GDPR
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Legal Reservation
Lender
Loan
Material Adverse Effect
Maturity Date
Party/Parties
Permitted Encumbrance
Pledge Agreement
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Agent
Security Documents
Security Interest
Security Period
Tax
Valuation
Valuation Report
Working Day
Clauses
Loan Terms
Interest
Repayment
Security
Collateral
Conditions Precedent
Representations and Warranties
Covenants
Events of Default
Enforcement
Assignment
Confidentiality
Data Protection
Force Majeure
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Further Assurance
Costs and Expenses
Indemnification
Set-off
Tax
Insurance
Valuation
Information Undertakings
Financial Covenants
Payment Mechanics
Agency Provisions
Priority and Subordination
Acceleration
Default Interest
Guarantee
Term and Termination
Interest
Repayment
Security
Collateral
Conditions Precedent
Representations and Warranties
Covenants
Events of Default
Enforcement
Assignment
Confidentiality
Data Protection
Force Majeure
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Further Assurance
Costs and Expenses
Indemnification
Set-off
Tax
Insurance
Valuation
Information Undertakings
Financial Covenants
Payment Mechanics
Agency Provisions
Priority and Subordination
Acceleration
Default Interest
Guarantee
Term and Termination
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Commercial Property
Retail
Agriculture
Technology
Healthcare
Transportation & Logistics
Energy & Utilities
Construction
Industrial
Small and Medium Enterprises
Relevant Teams
Legal
Finance
Credit Risk
Compliance
Treasury
Corporate Banking
Commercial Lending
Securities Administration
Asset Management
Operations
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Credit Manager
Risk Manager
Commercial Lending Officer
Corporate Banker
Loan Officer
Compliance Officer
Treasury Manager
Security Trustee
Corporate Finance Manager
Legal Director
Banking Manager
Asset Manager
Financial Controller
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