Engagements › Aegean Crest Shipping › Draft agreement: Newbuilding loan to Shipping Two
Draft Agreement From The Policy
Newbuilding loan to Shipping Two. Every clause is drafted from the transfer pricing policy and the functional analysis, and says where it came from. Anything the file does not settle is left open, in brackets.
Loan agreement
Between Aegean Crest Navigation Inc. (the Lender) and Aegean Crest Shipping Two Ltd (the Borrower).
Source: Transaction record
1. The loan
The Lender advances €9,000,000, repayable [term to be agreed] after drawdown.
Source: Loan note and shipyard instalments, maximum in the year (invented)
2. Interest
Interest accrues at 4.50% a year, payable quarterly in arrears.
Source: Loan note: 4.5% a year (invented); group transfer pricing policy §3
3. Payment
Payment terms [to be agreed].
Source: Group transfer pricing policy · open point
4. Risks
[to be agreed: no risk analysis in the file]
Source: Functional analysis, risks · open point
5. Arm's length
The parties intend the terms to be at arm's length and will adjust them if a review shows they are not.
Source: OECD Guidelines 1.6; Income Tax Law s.33(6)
6. Term and law
Effective from 1 January of the year; [term, termination and governing law to be agreed by the parties].
Source: Not in the file · open point
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