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The Margin Loan Agreement is utilized when establishing a credit facility secured by securities collateral under Dutch law. This document is essential for financial institutions providing leverage to investors while maintaining security over a portfolio of financial instruments. The agreement must comply with Dutch financial regulations, including the Financial Supervision Act (Wft) and EU regulations implemented in Dutch law. It covers crucial aspects such as facility terms, margin requirements, collateral arrangements, and enforcement rights. The document is particularly relevant in scenarios where financial institutions extend credit to professional or retail investors against their investment portfolios, requiring careful consideration of Dutch regulatory requirements, client classification, and risk management procedures.

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

2. Background: Context of the agreement and brief description of the margin lending arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement

4. The Facility: Details of the loan facility including amount, purpose, and availability period

5. Drawdown Conditions: Prerequisites and conditions for borrowing under the facility

6. Interest and Fees: Interest calculation method, rates, payment periods, and applicable fees

7. Margin Requirements: Maintenance margin requirements, margin calls, and valuation mechanisms

8. Collateral Arrangements: Securities eligible as collateral, posting requirements, and custody arrangements

9. Representations and Warranties: Standard representations and warranties from both parties

10. Covenants: Ongoing obligations of the borrower including financial covenants and reporting requirements

11. Events of Default: Circumstances constituting default and consequences thereof

12. Enforcement Rights: Lender's rights upon default including liquidation of collateral

13. Payments and Calculations: Payment mechanics, calculation conventions, and payment priorities

14. Costs and Expenses: Allocation of costs, expenses, and tax provisions

15. Notices: Communication methods and contact details for notices

16. Assignment and Transfer: Rules regarding transfer of rights and obligations

17. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions