Pledge Over Receivables Agreement

However, any transfer restrictions in the statutes of the company concerned must be complied with, provided that, in the case of limited liability companies, the holders of pledges exercise all the rights to which the shareholder is entitled in relation to the transfer and that he can fulfil his obligations with regard to the transfer. The latter alternative is safer from the lender`s point of view (and is therefore more often used), as it makes it possible to identify more specifically the claims least likely to be recovered. For example, a bank must not allow claims to be used as collateral when they are more than 90 days old, 80% of all claims are between 30 and 90 days old, and 95% of all claims are 30 days old or less. The lender may also expressly exclude claims for which the company has granted abnormally long payment terms. By being so conservative in calculating the maximum amount to be loaned, the lender protects itself from the issuance of debts which, in the event of default, cannot be fully offset by guarantees. In principle, Dutch creditor debtors have the same right to payment of the net proceeds of all their debtor`s assets in relation to their claims. So your claims are pari passu…