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Loan Against Irrevocable Lc for the Netherlands

Loan Against Irrevocable Lc Template for Netherlands

This agreement, governed by Dutch law, establishes the terms and conditions for a loan facility secured against an irrevocable letter of credit. It details the lending arrangement where a financial institution provides financing to a borrower based on an underlying irrevocable letter of credit, typically used in international trade transactions. The document incorporates provisions compliant with Dutch banking regulations, financial supervision requirements, and international trade finance practices, particularly UCP 600. It includes comprehensive terms covering loan disbursement, security arrangements, repayment mechanisms, and the relationship between the loan facility and the underlying letter of credit.

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What is a Loan Against Irrevocable Lc?

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.

What sections should be included in a Loan Against Irrevocable Lc?

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

What sections are optional to include in a Loan Against Irrevocable Lc?

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

What schedules should be included in a Loan Against Irrevocable Lc?

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) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Letter of Credit

Cost

Free to use
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








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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