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Loan Collateral Agreement
"I need a Loan Collateral Agreement under Dutch law for securing a €5 million commercial loan to a manufacturing company, where the collateral consists of industrial equipment and receivables, with the agreement to be effective from March 1, 2025."
1. Parties: Identification of the lender, borrower, and any security agent or trustee
2. Background: Context of the agreement, reference to the underlying loan agreement, and purpose of the security arrangement
3. Definitions and Interpretation: Key terms used in the agreement, including specific Dutch law concepts and cross-references to loan documentation
4. Creation of Security Interest: Legal provisions establishing the security interest (pandrecht/hypotheek) over the collateral
5. Secured Obligations: Definition and scope of the obligations secured by the collateral
6. Perfection and Further Assurances: Requirements for establishing and maintaining the security interest, including registration requirements
7. Representations and Warranties: Statements regarding ownership, authority, and status of the collateral
8. Covenants: Ongoing obligations regarding maintenance, insurance, and use of the collateral
9. Enforcement: Rights and procedures for enforcing the security interest upon default
10. Power of Attorney: Authorization for the secured party to act on behalf of the security provider
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction of Dutch courts
1. Parallel Debt: Required when using a security trustee structure or in international transactions
2. Special Provisions for Financial Collateral: Required when the collateral includes financial instruments or bank accounts under the Financial Collateral Arrangements Act
3. Consumer Protection Provisions: Required when the security provider is a consumer
4. Release and Subordination: Needed when there are multiple security interests or lenders
5. Tax Provisions: Required when specific tax implications need to be addressed
6. Currency Provisions: Needed for international transactions involving multiple currencies
7. Security Agent Provisions: Required when a security agent is appointed to hold the security on behalf of multiple lenders
1. Schedule 1 - Collateral Description: Detailed description and identification of all collateral assets
2. Schedule 2 - Form of Notice: Standard forms for notifying third parties of the security interest
3. Schedule 3 - Perfection Requirements: Specific actions required to perfect the security interest for different types of collateral
4. Schedule 4 - Additional Security Provider Information: Corporate or personal details of the security provider
5. Schedule 5 - Secured Party Details: Details of lenders and any security agent or trustee
6. Appendix A - Related Loan Agreement Terms: Relevant excerpts or cross-references to the underlying loan agreement
7. Appendix B - Registration Forms: Templates for required security interest registrations
8. Appendix C - Valuation Reports: If applicable, current valuations of the collateral assets
Authors
Applicable Law
Business Day
Collateral
Secured Assets
Collection Rights
Default Event
Enforcement Event
Enforcement Notice
Encumbrance
Financial Documents
Loan Agreement
Secured Obligations
Security Interest
Security Period
Security Provider
Security Rights
Secured Party
Secured Liabilities
Pledge
Mortgage
Parallel Debt
Perfection Requirements
Receiver
Related Rights
Security Agent
Security Documents
Transaction Documents
Event of Default
Enforcement Action
Secured Property
Registration Requirements
Disposal
Insurance Proceeds
Permitted Security
Release Date
Security Assets
Security Period
Taxes
Working Day
Dutch Civil Code
Pandrecht
Hypotheek
Transfer Rights
Voting Rights
Insolvency Event
Material Adverse Effect
Permitted Disposal
Principal Obligations
Security Provider Group
Creation of Security
Continuing Security
Representations and Warranties
Perfection of Security
Further Assurance
Negative Pledge
Enforcement Rights
Power of Attorney
Assignment and Transfer
Release of Security
Costs and Expenses
Notices
Severability
Amendments
Counterparts
Governing Law
Jurisdiction
Parallel Debt
Registration
Priority
Insurance
Indemnification
Default Events
Remedies
Information Rights
Permitted Actions
Third Party Rights
Waiver
Confidentiality
Banking
Financial Services
Real Estate
Manufacturing
Technology
Agriculture
Energy
Infrastructure
Retail
Healthcare
Transportation
Construction
Mining
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Credit Administration
Corporate Banking
Loan Operations
Security Administration
Corporate Secretariat
Portfolio Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Credit Manager
Loan Officer
Security Trustee
Corporate Secretary
Financial Controller
Asset Manager
Portfolio Manager
Bank Manager
Relationship Manager
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