Revolving Credit Facility Agreement Template for Netherlands

A Dutch law-governed Revolving Credit Facility Agreement is a sophisticated financial instrument that establishes a flexible borrowing arrangement where a borrower can draw down, repay, and re-draw loans during the facility period. The agreement, structured under the Netherlands' civil law system, includes comprehensive provisions for utilization mechanics, interest calculations, security arrangements, and covenant packages. It incorporates specific Dutch legal requirements, including financial supervision regulations and civil code provisions, while detailing the rights and obligations of all parties involved in the facility.

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What is a Revolving Credit Facility Agreement?

The Revolving Credit Facility Agreement serves as the primary documentation for establishing a flexible lending arrangement under Dutch law, commonly used for working capital financing and general corporate purposes. This agreement type is essential for businesses seeking ongoing access to credit with the ability to draw down and repay funds multiple times within an agreed facility limit. The document incorporates specific Dutch legal and regulatory requirements, including compliance with the Financial Supervision Act (Wft) and Dutch Civil Code provisions. It details all aspects of the facility including utilization mechanics, interest calculations, security arrangements, representations and warranties, covenants, and events of default. The agreement is particularly suited for medium to large enterprises requiring regular access to working capital or companies with cyclical business patterns needing flexible financing options.

What sections should be included in a Revolving Credit Facility Agreement?

1. Parties: Identification of the lender(s), borrower(s), facility agent (if applicable), and security agent (if applicable)

2. Background: Context of the facility and purpose of the agreement

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

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

5. Utilisation: Procedures and conditions for drawing down the facility, including notice requirements

6. Repayment and Prepayment: Terms for regular repayment, mandatory and voluntary prepayment provisions

7. Interest: Interest calculation, periods, payment dates, and default interest

8. Fees: Commitment fees, arrangement fees, and other applicable fees

9. Tax Gross Up and Indemnities: Tax-related provisions and associated indemnities

10. Increased Costs: Provisions dealing with changes in costs due to regulatory or legal changes

11. Representations: Borrower's representations and warranties

12. Information Undertakings: Requirements for financial and other information provision

13. General Undertakings: Borrower's positive and negative covenants

14. Events of Default: Circumstances constituting default and consequences

15. Changes to Parties: Transfer and assignment provisions

16. Administration: Role and duties of the facility agent and payment mechanics

17. Notices: Communication requirements and methods

18. Calculations and Certificates: Basis for calculations and evidential value of certificates

19. Governing Law and Enforcement: Choice of law and jurisdiction provisions

What sections are optional to include in a Revolving Credit Facility Agreement?

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

2. Guarantees: Required if there are guarantors, detailing guarantee provisions

3. Accordion Feature: Optional section allowing for facility amount increase under specified conditions

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

5. Green Loan Provisions: Required for green loans, including use of proceeds and reporting requirements

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

7. Market Disruption: Optional provisions dealing with market disruption events

8. Sanctions and Anti-Corruption: Enhanced compliance provisions for cross-border facilities

What schedules should be included in a Revolving Credit Facility Agreement?

1. Conditions Precedent: List of required documents and conditions for initial and subsequent utilization

2. Form of Utilisation Request: Standard form for drawing down the facility

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

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

5. Existing Security: List of permitted existing security (if applicable)

6. Form of Accession Deed: Standard form for new parties joining the agreement

7. Timetables: Deadlines for notices and payments

8. Financial Covenants: Detailed financial covenant calculations and definitions

9. Form of Quarterly Financial Statements: Template for required financial reporting

10. Contact Details: List of contact persons and addresses for notices

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

Credit Agreement

Sector

Banking

Cost

Free to use

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