Dutch Security Confirmation Clause Samples
The Dutch Security Confirmation clause serves to formally acknowledge and confirm the existence and validity of security interests or collateral arrangements under Dutch law. In practice, this clause is typically included in finance or loan agreements where parties need to ensure that any security granted—such as pledges or mortgages—complies with Dutch legal requirements and is recognized by all relevant parties. Its core function is to provide legal certainty and enforceability for security interests in the Netherlands, thereby reducing the risk of disputes or challenges regarding the effectiveness of such security.
Dutch Security Confirmation. Without prejudice to the foregoing, each of the Parent and STBV hereby, in respect of any security documents to which it is a party and pursuant to which a security interest is created or purported to be created governed by Dutch law (each a “Dutch Security Document”), irrevocably and unconditionally agrees and confirms (vaststellen), within the meaning of Article 7:900 of the Dutch Civil Code that (i) the security rights created by it and constituted by such Dutch Security Document are not affected by any amendment of, or waiver under, the Credit Agreement or any other Loan Documents as contemplated by this Amendment, (ii) the security rights created by it and constituted by such Dutch Security Document are intended to and will secure the obligations of the Parent or STBV, as applicable, under or in connection with the Loan Documents contemplated to be secured by such Dutch Security Document, including without limitation under or pursuant to the Parallel Obligations (as defined in each Dutch Security Document), as amended by this Amendment, and (iii) the Principal Obligations (as defined in each such Dutch Security Document, as applicable) will include (but not be limited to) all present and future obligations of the Parent or STBV (as defined in the relevant Dutch Security Documents) towards the Secured Parties under the Amended Credit Agreement and the other Loan Documents contemplated to be secured by such Dutch Security Document, including without limitation all present and future obligations of the Parent or STBV, as applicable, under or in connection with its Parallel Obligations contemplated to be secured by such Dutch Security Document, and all Secured Obligations contemplated to be secured by each Dutch Security Document are secured and will continue to be secured by the security created by such Dutch Security Document. This Section 9 is governed by and shall be construed in accordance with Dutch law.