The Finance Lease Agreement serves as a crucial financing instrument in German business practice, combining elements of both financing and leasing. It is primarily used when a business needs to acquire expensive capital assets without making an immediate large capital investment. Under German law, this agreement type is particularly structured to comply with the Bürgerliches Gesetzbuch (German Civil Code) and financial services regulations, while also addressing tax optimization opportunities. The document covers comprehensive terms including asset specification, payment schedules, maintenance obligations, risk allocation, and end-of-term arrangements, making it suitable for complex financial transactions involving significant assets.
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1. Parties: Identification of lessor and lessee with full legal details
2. Background: Context of the agreement and brief description of the transaction
3. Definitions: Defined terms used throughout the agreement
4. Lease Object: Detailed description of the leased asset and its intended use
5. Term and Delivery: Duration of the lease and delivery arrangements for the asset
6. Lease Payments: Payment structure, amounts, due dates, and payment methods
7. Ownership and Title: Confirmation of lessor's ownership and lessee's rights to use
8. Use and Maintenance: Obligations regarding asset usage, maintenance, and repairs
9. Insurance: Required insurance coverage and responsibilities
10. Risk and Liability: Allocation of risks and liability between parties
11. Warranties and Representations: Statements and guarantees by both parties
12. Default and Remedies: Events of default and corresponding remedies
13. Termination: Conditions and procedures for early termination
14. End of Lease Options: Purchase options, return conditions, or lease extension terms
15. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures
1. Guarantees: Required when there is a third-party guarantor for the lessee's obligations
2. Import/Export Provisions: Needed for cross-border leasing arrangements
3. Tax Indemnities: Detailed tax provisions when specific tax arrangements are required
4. Sub-letting: Terms for allowing or prohibiting sub-letting of the asset
5. Environmental Compliance: Required for assets with environmental implications
6. Software Licenses: Needed when the leased asset includes software components
7. Service Level Agreements: When maintenance or support services are included
8. Assignment and Security: Detailed provisions for assignment rights and security arrangements
1. Asset Specification: Detailed technical specifications of the leased asset
2. Payment Schedule: Detailed breakdown of all payments including dates and amounts
3. Delivery and Acceptance Protocol: Form for confirming delivery and acceptance of the asset
4. Insurance Requirements: Detailed insurance specifications and requirements
5. Maintenance Schedule: Required maintenance procedures and intervals
6. Return Conditions: Detailed specifications for asset condition upon return
7. Purchase Option Details: Terms and conditions of any purchase options
8. Warranty Documentation: Manufacturer's warranties and guarantees
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Transportation and Logistics
Healthcare
Construction
Agriculture
Technology and IT
Energy and Utilities
Industrial Equipment
Automotive
Aviation
Real Estate
Telecommunications
Financial Services
Mining and Resources
Relevant Teams
Legal
Finance
Treasury
Risk Management
Operations
Procurement
Tax
Compliance
Commercial
Credit
Business Development
Asset Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Contract Manager
Risk Manager
Asset Manager
Operations Director
Procurement Manager
Financial Controller
Commercial Director
Business Development Manager
Credit Manager
Compliance Officer
Tax Manager
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