A Bilateral Loan Agreement under German law is essential for documenting lending arrangements between two parties, typically a financial institution and a borrower. This document is used when parties seek to establish a formal lending relationship in compliance with German legal requirements, including the German Civil Code (BGB) and Banking Act (KWG). The agreement comprehensively covers loan terms, security arrangements, representations, covenants, and enforcement provisions. It's particularly important in the German market where formal documentation requirements are strict and specific statutory provisions must be reflected in the agreement. The document serves as the primary evidence of the parties' obligations and rights, and includes all necessary provisions for the creation, maintenance, and enforcement of the loan relationship.
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1. Parties: Identification and details of the lender and borrower
2. Background: Context of the loan agreement and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. The Facility: Core terms of the loan including amount, purpose, and availability
5. Interest: Interest rate, calculation periods, and payment terms
6. Repayment: Repayment schedule and terms
7. Prepayment: Voluntary and mandatory prepayment provisions
8. Conditions Precedent: Conditions that must be satisfied before drawdown
9. Representations and Warranties: Statements of fact and assurances from the borrower
10. Information Undertakings: Borrower's obligations to provide financial and other information
11. General Undertakings: Borrower's general obligations during the loan term
12. Events of Default: Circumstances that trigger default and remedies
13. Changes to Parties: Assignment and transfer provisions
14. Administration: Payment mechanics, calculations, and notices
15. Governing Law and Jurisdiction: Choice of German law and jurisdiction provisions
1. Security: Details of any security arrangements - include if loan is secured
2. Guarantee: Terms of any guarantee - include if there are guarantors
3. Financial Covenants: Financial maintenance covenants - include for corporate borrowers
4. Tax Gross Up and Indemnities: Tax provisions - include for cross-border transactions
5. Increased Costs: Provisions for regulatory cost changes - include for longer-term loans
6. Set-off: Set-off rights - include for complex banking relationships
7. Consumer Protection Provisions: Additional protections required if borrower is a consumer
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for requesting loan disbursements
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Form of Transfer Certificate: Template for transferring loan participations
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Security Documentation: Details of security arrangements and registration requirements
7. Interest Calculation Examples: Examples showing interest calculation methodology
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Technology
Healthcare
Retail
Infrastructure
Energy
Transportation
Construction
Agriculture
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Operations
Documentation
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Risk Manager
Relationship Manager
Compliance Officer
Financial Controller
Banking Manager
Corporate Finance Manager
Investment Manager
Business Development Manager
Risk Officer
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