The Building Loan Agreement is essential for construction projects in the Netherlands requiring external financing. It is typically used when a developer, property owner, or company needs to secure funding for new construction, major renovations, or development projects. The agreement must comply with Dutch financial regulations, including the Financial Supervision Act (Wft) and the Dutch Civil Code (Burgerlijk Wetboek), while also addressing construction-specific requirements under Dutch building laws. The document includes detailed provisions for loan disbursement tied to construction progress, security arrangements, technical requirements, and monitoring mechanisms. It's particularly important for managing risk in construction financing by establishing clear milestones, payment conditions, and compliance requirements.
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1. Parties: Identification of the Lender and Borrower, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the construction project details and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the total loan amount and its intended use for the construction project
5. Conditions Precedent: Conditions that must be satisfied before the loan becomes effective or before disbursements
6. Disbursement Structure: Terms and conditions for drawing down the loan, including construction phase milestones
7. Interest and Fees: Interest rate, calculation method, and associated fees
8. Repayment Terms: Schedule and methods of repayment, including any grace period during construction
9. Security Arrangements: Details of mortgages, pledges, or other security interests securing the loan
10. Construction Requirements: Specifications for construction progress, inspections, and compliance with building regulations
11. Representations and Warranties: Statements of fact and assurances given by the Borrower
12. Covenants: Ongoing obligations of the Borrower during the loan term
13. Events of Default: Circumstances constituting default and their consequences
14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Cost Overrun Facility: Additional facility to cover potential construction cost overruns, included when there's significant project complexity
2. Environmental Compliance: Specific environmental requirements and commitments, included for projects with environmental impact
3. Insurance Requirements: Detailed insurance obligations, included when specific insurance arrangements are needed beyond standard requirements
4. Third Party Rights: Rights of third parties (e.g., contractors, architects), included when relevant to the project structure
5. Step-in Rights: Lender's rights to take control of the project in specific circumstances, included for larger commercial projects
6. Guarantees: Personal or corporate guarantees, included when additional security is required
7. VAT Facility: Separate facility for VAT financing, included when VAT financing is required
8. Hedging Obligations: Interest rate hedging requirements, included for longer-term or larger loans
1. Schedule 1 - Property Details: Detailed description of the property and construction site
2. Schedule 2 - Construction Timeline: Detailed construction schedule and milestones
3. Schedule 3 - Disbursement Schedule: Detailed breakdown of loan disbursement phases and conditions
4. Schedule 4 - Form of Drawdown Request: Template for requesting loan disbursements
5. Schedule 5 - Required Insurance: List of required insurance policies and coverage amounts
6. Schedule 6 - Security Documents: List and copies of all security documents
7. Schedule 7 - Construction Plans and Permits: Approved construction plans and copies of required permits
8. Schedule 8 - Cost Budget: Detailed construction cost budget
9. Appendix A - Form of Progress Certificate: Template for construction progress certification
10. Appendix B - Form of Completion Certificate: Template for final completion certification
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