Practice area Financing and security
Entrepreneurs are often confronted with a multitude of conditions subject to which they take out financing. The Dirkzwager specialists have experience in drawing up and assessing credit documentation and they are able to provide you with sound advice in this connection. We provide you with advice when taking out financing, but also when refinancing or terminating the financing, in which connection we will help you keep the risks controllable. Our knowledge and experience in the area of insolvency law & restructuring and banking & finance are of great added value in this connection. Our specialists work closely together in this connection.In our daily practice, we act on behalf of, among others, national and international financiers, companies, governments and other institutions. Our clients include (semi) public institutions such as care and educational institutions, housing corporations and (international) SME+ companies.
Our activities in the area of financing and security are diverse and include among other things:
- assessment and negotiation of credit documentation (including LMA light, mezzanine credit agreements and group credit agreements);
- assessment and formulation of (real) security documentation such as rights of pledge and mortgage, retention of title, suretyship, (bank) guarantees, joint and several liability and reciprocal security arrangement (equity arrangement);
- enforcing security and group credit, claims against companies that are jointly and severally liable, (group) guarantees, recourse, subrogation and apportionment;
- assessment and negotiation of factoring agreements and lease contracts;
- supervision of refinancing and takeover financing;
- supervision of credit termination by banks and/or special credit;
- supervision of the client concerning working capital financing by means of securitisation;
- financing by means of crowdfunding, credit unions and advice about Financial Supervision Act permit requirements, exemptions and dispensations in this area;
- financing by issuing securities (shares, participations, convertible or non-convertible debt instruments/bonds, warrants, etc.) and advice about Financial Supervision Act permit requirements and the possibilities of exemptions and dispensations;
- financing that becomes available or may become available when applying subsidy schemes, tax instruments, financing instruments, guarantees or investments programmes of the Dutch government or international institutions or bodies (such as the GO Scheme, the MKB+ Innovation Fund, EIB financing facilities, etc.);
- assessment and restructuring of derivatives documentation, including ISDA agreements;
- legal supervision of project financing such as energy projects.