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Project Financing Agreement Template for Netherlands

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Key Requirements PROMPT example:

Project Financing Agreement

"I need a Project Financing Agreement under Dutch law for a €250 million offshore wind farm project, with a consortium of three international banks as lenders and involving ECA (Export Credit Agency) support, with financial close targeted for March 2025."

Document background
A Project Financing Agreement is a sophisticated legal document used to facilitate the funding of capital-intensive projects in the Netherlands and internationally under Dutch law. This agreement is typically employed when implementing large-scale infrastructure, energy, or industrial projects where the financing is secured primarily by the project assets and cash flows rather than the sponsors' balance sheets. The document outlines the complete financing structure, including loan terms, security arrangements, conditions precedent, and ongoing project monitoring requirements. It incorporates specific Dutch legal requirements and regulatory considerations, making it suitable for projects where Dutch law provides the legal framework. The agreement is particularly relevant for projects involving multiple stakeholders, complex risk allocation, and long-term financing commitments, and requires careful consideration of both technical and financial aspects of the project.
Suggested Sections

1. Parties: Identification of all parties to the agreement including lenders, borrowers, sponsors, and any guarantors

2. Background: Context of the project financing, including project description and purpose of the facility

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

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

5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility

6. Drawdown Procedures: Process and requirements for requesting and making drawdowns

7. Repayment and Prepayment: Terms of repayment, including schedule, mandatory and voluntary prepayment provisions

8. Interest and Fees: Interest calculation, payment dates, default interest, and all applicable fees

9. Security Package: Description of all security interests, guarantees, and collateral

10. Representations and Warranties: Standard and project-specific representations and warranties

11. Covenants: Financial and operational covenants, including information requirements

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Transfer and assignment provisions

14. Administration: Administrative provisions including notices and calculations

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

Optional Sections

1. Intercreditor Provisions: Required when multiple lenders are involved, detailing voting rights and enforcement procedures

2. Government Support: Needed when project involves government guarantees or support

3. Environmental Compliance: Detailed environmental obligations when project has significant environmental impact

4. Construction Phase Provisions: Specific provisions for construction phase including milestone requirements and technical specifications

5. Operation Phase Provisions: Specific provisions for operation phase including performance standards

6. Insurance: Detailed insurance requirements beyond standard coverage

7. Direct Agreements: Required when step-in rights are needed with key project counterparties

8. Hedging Obligations: Required when interest rate or currency hedging is mandatory

Suggested Schedules

1. Schedule 1 - Conditions Precedent: Detailed list of all required conditions precedent documents

2. Schedule 2 - Form of Drawdown Request: Template for drawdown requests

3. Schedule 3 - Repayment Schedule: Detailed repayment schedule including amounts and dates

4. Schedule 4 - Project Documents: List and copies of all material project documents

5. Schedule 5 - Security Documents: List and copies of all security documents

6. Schedule 6 - Financial Model: Agreed base case financial model

7. Schedule 7 - Technical Description: Detailed technical description of the project

8. Schedule 8 - Form of Progress Report: Template for regular project progress reports

9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and specifications

10. Schedule 10 - Forms of Security: Templates for various security documents

11. Appendix A - Contact Details: Contact information for all parties

12. Appendix B - Construction Timeline: Detailed construction schedule and milestones

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








































































































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Relevant Industries

Infrastructure

Energy

Renewable Energy

Real Estate Development

Transportation

Healthcare

Mining

Oil & Gas

Telecommunications

Waste Management

Water Treatment

Industrial Development

Power Generation

Agriculture

Relevant Teams

Legal

Finance

Treasury

Risk Management

Project Management

Commercial

Business Development

Compliance

Technical Operations

Corporate Development

Relevant Roles

Chief Financial Officer

Finance Director

Project Finance Manager

Legal Counsel

Corporate Lawyer

Project Manager

Risk Manager

Investment Director

Treasury Manager

Commercial Director

Business Development Manager

Financial Controller

Compliance Officer

Contract Manager

Technical Director

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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