The Loan Agreement With Guarantor is a crucial legal instrument used in Dutch financing transactions where additional security is required beyond the borrower's primary obligations. This document is typically employed when a lender requires extra assurance for loan repayment, whether in commercial or consumer contexts. The agreement comprehensively addresses the triangular relationship between lender, borrower, and guarantor, incorporating requirements from Dutch Civil Code Books 6 and 7, particularly regarding contract law, loan agreements, and suretyship (borgtocht). It's essential for both regulated and unregulated lending activities in the Netherlands, ensuring compliance with the Financial Supervision Act (Wet op het financieel toezicht) where applicable. The document becomes particularly relevant in situations where borrowers may have limited credit history or require additional support to secure financing.
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1. Parties: Identifies the Lender, Borrower, and Guarantor with their full legal details
2. Background: Explains the context of the loan and the role of the guarantor
3. Definitions: Defines key terms used throughout the agreement
4. The Loan: Specifies the loan amount, purpose, and disbursement conditions
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment: Outlines the repayment schedule, methods, and prepayment terms
7. Guarantee: Sets out the guarantor's obligations, extent of liability, and enforcement terms
8. Representations and Warranties: Statements of fact by the borrower and guarantor about their status and capacity
9. Covenants: Ongoing obligations of the borrower and guarantor during the loan term
10. Events of Default: Lists circumstances that constitute default and their consequences
11. Enforcement: Describes the lender's rights and remedies upon default
12. Notices: Specifies how formal communications between parties should be made
13. Assignment and Transfer: Rules regarding transfer of rights under the agreement
14. General Provisions: Standard legal provisions including governing law, amendments, and severability
15. Execution: Signature blocks and execution formalities
1. Security: Include when additional collateral is provided besides the guarantee
2. Interest Rate Adjustment: Include for variable rate loans or when step-up/step-down rates apply
3. Multiple Guarantors: Include when there is more than one guarantor to specify joint and several liability
4. Tax Provisions: Include when tax implications need specific addressing, especially for cross-border loans
5. Currency Provisions: Include when the loan is in a different currency from the borrower's primary currency
6. Financial Covenants: Include for business loans requiring specific financial metrics to be maintained
7. Conditions Subsequent: Include when certain conditions must be met after loan disbursement
8. Consumer Protection Clauses: Include when the borrower is a consumer under Dutch law
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Conditions Precedent: List of documents and conditions required before loan disbursement
3. Form of Drawdown Notice: Template for requesting loan disbursement
4. Guarantor's Statement of Assets: Declaration of guarantor's financial position
5. Fees and Charges: Detailed breakdown of all applicable fees and charges
6. Security Details: Details of any additional security or collateral provided
7. Standard Forms: Templates for notices, certificates, and other standard communications
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