The Commercial Loan Agreement serves as the primary documentation for business financing transactions in Germany, providing a legally binding framework under German law for commercial lending relationships. This document is essential when businesses seek financing for various purposes such as working capital, expansion, asset acquisition, or project development. It must comply with German banking regulations, including the Banking Act (KWG) and Civil Code (BGB), while incorporating commercial banking practices. The agreement typically includes detailed provisions on facility terms, security arrangements, borrower obligations, and lender rights, with specific attention to German legal requirements regarding form, content, and execution of loan documentation.
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1. Parties: Identification of the lender and borrower with full legal names and registration details
2. Background: Context of the loan agreement and brief description of the transaction
3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement
4. The Facility: Details of the loan amount, purpose, and basic terms
5. Conditions Precedent: Conditions that must be satisfied before the loan can be drawn
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest rate, calculation method, and payment terms
8. Repayment: Terms and schedule for repayment of the principal amount
9. Prepayment: Conditions and terms for early repayment
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Ongoing obligations of the borrower during the loan term
12. Events of Default: Circumstances that allow the lender to demand immediate repayment
13. Security: Details of any collateral or guarantees securing the loan
14. Costs and Expenses: Allocation of costs related to the loan agreement
15. Notices: Communication procedures between parties
16. Assignment and Transfer: Rules for transferring rights and obligations under the agreement
17. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Syndication Provisions: Required if multiple lenders are involved or if syndication is contemplated
2. Tax Gross-Up and Indemnities: Detailed tax provisions needed for cross-border transactions or complex tax structures
3. Increased Costs: Provisions dealing with regulatory changes affecting the lender's costs
4. Market Disruption: Provisions for handling interest rate calculation in case of market disruption
5. Currency Provisions: Required if the loan involves multiple currencies or foreign exchange considerations
6. Agency Provisions: Needed if a facility agent or security agent is involved
7. Intercreditor Provisions: Required if there are multiple creditors with different priorities
8. Reference Rate Provisions: Detailed provisions for handling reference rate transitions or replacements
1. Conditions Precedent Documents: List of required documents and conditions to be satisfied before drawdown
2. Form of Drawdown Request: Template for the borrower to request loan disbursements
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
5. Security Documents: Details of security arrangements and related documentation
6. Permitted Security Interests: List of security interests allowed under the agreement
7. Form of Transfer Certificate: Template for transferring loan participations
8. Financial Covenants Calculations: Detailed methodology for calculating financial covenants
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Real Estate
Technology
Industrial
Healthcare
Retail
Transportation and Logistics
Energy and Utilities
Construction
Telecommunications
Agriculture
Hospitality
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Commercial Banking
Operations
Corporate Finance
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Banker
Relationship Manager
Credit Risk Officer
Legal Counsel
Compliance Officer
Corporate Finance Manager
Financial Controller
Credit Analyst
Banking Operations Manager
Transaction Manager
Commercial Director
Business Development Manager
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