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Loan Assignment Agreement Template for Netherlands

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Key Requirements PROMPT example:

Loan Assignment Agreement

"I need a Dutch law Loan Assignment Agreement for transferring a €5 million commercial real estate loan from ABC Bank to XYZ Investment Fund, with the transfer to be effective from March 1, 2025, including provisions for the assignment of related security interests."

Document background
The Loan Assignment Agreement is a crucial document used in the Dutch financial and business landscape when a lender wishes to transfer its rights and obligations under a loan agreement to a new lender. This transfer might occur for various reasons, including portfolio management, risk distribution, or regulatory requirements. The agreement must comply with Dutch law requirements, particularly those set out in the Dutch Civil Code regarding the assignment of rights (cessie) and transfer of obligations. The document typically includes details about the original loan, the parties involved, the consideration for the transfer, and any associated security interests. It's essential to ensure proper notification to the borrower and compliance with any consent requirements. The Loan Assignment Agreement serves as conclusive evidence of the transfer and helps maintain a clear chain of title for the loan.
Suggested Sections

1. Parties: Identification of the Assignor (current lender), Assignee (new lender), and other relevant parties such as the Borrower

2. Background: Context of the original loan agreement and the reason for the assignment

3. Definitions: Definitions of key terms used throughout the agreement, including 'Loan Agreement', 'Assigned Rights', 'Effective Date'

4. Assignment: Core provision detailing the assignment of rights and obligations from Assignor to Assignee

5. Consideration: Details of the payment or other consideration for the assignment

6. Effective Date: Specification of when the assignment becomes effective

7. Representations and Warranties: Standard representations by both Assignor and Assignee regarding their capacity and authority

8. Further Assurance: Obligations to execute further documents and take additional steps if needed

9. Notices: Process for serving notices under the agreement

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. Regulatory Compliance: Required when the assignment involves regulated financial institutions or activities

2. Data Protection: Required when personal data is involved, especially with individual borrowers

3. Tax Provisions: Include when there are specific tax implications or arrangements

4. Security Transfer: Required when the original loan includes security interests that need to be transferred

5. Borrower Consent: Include when borrower's consent is required for the assignment

6. Partial Assignment: Required when only part of the loan is being assigned

7. Conditions Precedent: Include when assignment is subject to specific conditions being met

Suggested Schedules

1. Details of the Loan Agreement: Copy or summary of the original loan agreement including date, parties, and key terms

2. Assigned Rights and Obligations: Detailed list of all rights and obligations being transferred

3. Outstanding Amount: Statement of the current outstanding loan amount and payment status

4. Security Details: List and details of any security interests associated with the loan

5. Form of Notice to Borrower: Template for notifying the borrower of the assignment

6. Required Consents: Copies of any required consents from third parties

7. Transfer Documents: Forms of any additional transfer documentation required under Dutch law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses


























Relevant Industries

Banking

Financial Services

Real Estate

Infrastructure

Energy

Private Equity

Asset Management

Commercial Lending

Investment Banking

Corporate Finance

Relevant Teams

Legal

Finance

Credit Risk

Portfolio Management

Compliance

Treasury

Transaction Management

Loan Administration

Risk Management

Investment

Corporate Finance

Documentation

Relevant Roles

Legal Counsel

Finance Manager

Credit Manager

Portfolio Manager

Loan Officer

Compliance Officer

Transaction Manager

Risk Manager

Investment Manager

Corporate Lawyer

Banking Lawyer

Chief Financial Officer

Treasury Manager

Debt Administrator

Contract Manager

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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