Loan Against Irrevocable Lc Template for Netherlands

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Key Requirements PROMPT example:

Loan Against Irrevocable Lc

"I need a Loan Against Irrevocable LC agreement under Dutch law for a €5 million facility to finance the import of industrial machinery, where the borrower is a manufacturing company and the LC is issued by ABN AMRO Bank for a 12-month term starting March 2025."

Document background
A Loan Against Irrevocable LC agreement is a specialized financing instrument used in international trade transactions under Dutch law. This document is employed when a borrower requires financing secured against an irrevocable letter of credit, typically issued in connection with international trade transactions. The agreement establishes the terms under which a financial institution provides funding based on the security of an irrevocable LC, including specific provisions for disbursement, repayment, and security arrangements. It combines elements of traditional lending with trade finance mechanisms, incorporating requirements from Dutch financial regulations, EU directives, and international banking practices. The document is particularly relevant for businesses engaged in import/export activities, requiring short-term financing against their trade receivables backed by letters of credit.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan arrangement and the underlying irrevocable letter of credit

3. Definitions: Definitions of key terms used throughout the agreement, including LC-specific terminology

4. Facility and Purpose: Details of the loan facility amount, purpose, and relationship to the LC

5. Conditions Precedent: Prerequisites for the loan disbursement, including LC documentation requirements

6. Drawdown Mechanics: Procedures and requirements for drawing down the loan facility

7. Interest and Fees: Interest rate, calculation method, and applicable fees

8. Repayment Terms: Repayment schedule, methods, and prepayment provisions

9. Security Arrangements: Assignment of LC proceeds and other security arrangements

10. Representations and Warranties: Standard and LC-specific representations by the borrower

11. Covenants: Borrower's ongoing obligations and restrictions

12. Events of Default: Circumstances constituting default and consequences

13. Bank's Rights and Remedies: Lender's rights upon default or in relation to the LC

14. Payments and Calculations: Payment mechanics, currency provisions, and calculation conventions

15. Changes to Parties: Assignment and transfer provisions

16. Notices: Communication requirements and contact details

17. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction

Optional Sections

1. Increased Costs and Tax Provisions: Additional provisions for dealing with tax implications and increased costs, required for cross-border transactions

2. Currency Provisions: Detailed currency conversion and risk provisions, needed when LC and loan are in different currencies

3. Security Trustee Provisions: Required when multiple lenders are involved or security is held through a trustee structure

4. Insurance: Specific insurance requirements for the underlying goods, needed for certain types of trade finance

5. Sub-participation: Provisions allowing for sub-participation in the loan, needed for syndication possibilities

6. Force Majeure: Specific force majeure provisions beyond standard contract terms, important for international trade transactions

Suggested Schedules

1. Form of Drawdown Request: Standard form for requesting loan disbursements

2. Copy of Letter of Credit: Complete copy of the underlying irrevocable LC

3. Conditions Precedent Documents: List and copies of required conditions precedent documents

4. Fee Schedule: Detailed breakdown of all applicable fees

5. Security Documents: Forms of security documents including LC assignment

6. Repayment Schedule: Detailed amortization schedule if applicable

7. Form of Notices: Standard forms for various notices under the agreement

8. Contact Details: Comprehensive contact information for all parties and their representatives

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

International Trade

Manufacturing

Import/Export

Commodities Trading

Shipping and Logistics

Agriculture

Energy and Resources

Wholesale and Distribution

Retail

Relevant Teams

Legal

Trade Finance

Credit Risk

Commercial Banking

Treasury

Compliance

Operations

International Banking

Documentary Credits

Client Relations

Risk Management

Finance

Relevant Roles

Trade Finance Manager

Credit Risk Officer

Commercial Banking Manager

International Business Development Manager

Finance Director

Treasury Manager

Legal Counsel

Compliance Officer

Trade Operations Manager

Account Relationship Manager

Chief Financial Officer

Import/Export Manager

Documentary Credits Specialist

Banking Operations Manager

Risk Management Officer

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of Dutch private law governing contracts, obligations, and security rights. Particularly relevant are Book 6 (General law of obligations) and Book 7 (Specific contracts)
Dutch Financial Supervision Act (Wet op het financieel toezicht): Regulates financial institutions and their lending activities in the Netherlands, including requirements for providing loans and financial services
UCP 600 (Uniform Customs and Practice for Documentary Credits): International Chamber of Commerce rules governing letters of credit, which are widely adopted in the Netherlands for international trade finance
EU Regulation 575/2013 (Capital Requirements Regulation): European Union regulation establishing prudential requirements for credit institutions, affecting how banks can provide loans
Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft): Requires financial institutions to perform customer due diligence and monitor transactions for suspicious activities
Dutch Consumer Credit Act (Wet op het consumentenkrediet): If the borrower is a consumer, this act provides additional protection and requirements for credit agreements
EU General Data Protection Regulation (GDPR): Governs the processing of personal data in loan agreements and related documentation
Dutch International Private Law (Internationaal Privaatrecht): Governs choice of law and jurisdiction in international contracts, relevant for cross-border letter of credit transactions
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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