Bank Facilities Letter Template for Netherlands

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Key Requirements PROMPT example:

Bank Facilities Letter

"I need a Bank Facilities Letter for a €5 million revolving credit facility for our Dutch technology company, to be used for working capital purposes, with the facility to commence on March 1, 2025."

Document background
The Bank Facilities Letter is a crucial document in Dutch banking practice, used when a bank agrees to provide financial facilities to a client. It serves as the primary instrument for documenting the terms and conditions of banking arrangements, whether for new facilities or amendments to existing ones. The document must comply with Dutch financial regulations, including the Financial Supervision Act (Wft) and Dutch Civil Code requirements. A Bank Facilities Letter typically includes details of available credit lines, interest rates, fees, security arrangements, conditions precedent, and ongoing obligations of the borrower. It's particularly important in the Dutch context as it combines the formal requirements of Dutch banking law with practical commercial terms, creating a binding agreement that meets both regulatory requirements and business needs.
Suggested Sections

1. Letterhead and Date: Bank's official letterhead and date of the letter

2. Addressee Details: Full name and address of the borrower/client

3. Reference Line: Facility reference number and any other relevant reference information

4. Salutation: Formal greeting to the client

5. Purpose Statement: Clear statement that this is a facility letter and reference to any prior discussions or applications

6. Facility Details: Type of facility, amount, currency, and purpose

7. Key Commercial Terms: Interest rates, fees, facility period, and repayment terms

8. Security Requirements: Details of any required security or guarantees

9. Conditions Precedent: List of conditions that must be satisfied before the facility becomes available

10. Key Covenants: Financial and non-financial covenants the borrower must maintain

11. Representations and Warranties: Standard confirmations required from the borrower

12. Events of Default: Circumstances under which the bank can terminate the facility

13. Acceptance Instructions: How and when the client should indicate acceptance of the terms

14. Closing and Signature: Bank's authorized signatory section and formal closing

Optional Sections

1. Existing Facilities: Required when the new facility relates to or replaces existing facilities with the bank

2. Foreign Exchange Provisions: Needed when the facility involves multiple currencies or foreign exchange transactions

3. Hedging Requirements: Include when the bank requires mandatory hedging arrangements

4. Group Structure Details: Required for corporate borrowers with complex group structures

5. Property Details: Necessary when the facility is secured against real estate

6. Insurance Requirements: Include when specific insurance coverage is required as part of the facility

7. Regulatory Compliance: Additional section for regulated borrowers or specific regulatory requirements

Suggested Schedules

1. Schedule 1 - Definitions: Detailed definitions of terms used in the facility letter

2. Schedule 2 - Standard Terms and Conditions: Bank's standard terms and conditions applicable to the facility

3. Schedule 3 - Facility Specific Terms: Detailed terms specific to the type of facility being offered

4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees and charges

5. Schedule 5 - Security Details: Comprehensive description of required security arrangements

6. Schedule 6 - Condition Precedent Documents: Detailed list of required documents and evidence

7. Appendix A - Form of Drawdown Notice: Standard form for requesting drawdowns under the facility

8. Appendix B - Compliance Certificate: Template for periodic compliance reporting

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Retail

Technology

Healthcare

Energy

Infrastructure

Transportation

Agriculture

Construction

Professional Services

Hospitality

Education

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Operations

Risk Management

Company Secretariat

Corporate Finance

Banking Operations

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Corporate Lawyer

Legal Counsel

Relationship Manager

Credit Officer

Risk Manager

Compliance Officer

Corporate Banking Manager

Managing Director

Company Secretary

Account Manager

Finance Manager

Credit Risk Analyst

Treasury Operations Manager

Banking Operations Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): The fundamental source of Dutch private law, particularly Book 6 (General Part of the Law of Obligations) and Book 7 (Specific Contracts), which govern contractual relationships and specific provisions for credit agreements
Financial Supervision Act (Wet op het financieel toezicht - Wft): The main financial regulatory framework in the Netherlands that governs banking activities, licensing requirements, and conduct of business rules
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): Regulations regarding customer due diligence and anti-money laundering requirements that banks must comply with when entering into banking relationships
EU Capital Requirements Regulation (CRR): European regulation establishing prudential requirements for credit institutions, affecting how banks can structure their facilities
Dutch Implementation of MiFID II: Regulations concerning investment services and activities, relevant if the facility includes any investment components
General Data Protection Regulation (GDPR): EU regulation implemented in Dutch law concerning the processing of personal data, relevant for handling client information
Consumer Credit Act (Wet op het consumentenkrediet): Specific regulations governing consumer credit agreements, if the facility letter is intended for retail clients
Dutch Bankruptcy Act (Faillissementswet): Relevant for including provisions about default scenarios and creditor rights in insolvency situations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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