This Loan Agreement template is designed for use in financing transactions governed by German law. It serves as the primary document for documenting loan facilities, whether for corporate or individual borrowers, and can be adapted for both secured and unsecured lending. The agreement complies with requirements under the German Civil Code (BGB), particularly §§ 488-507 governing loan agreements (Darlehensvertrag), and where applicable, the German Banking Act (KWG) and consumer protection regulations. It includes provisions for loan disbursement, interest calculation, repayment terms, events of default, and enforcement mechanisms. The document can be customized for various lending scenarios, from simple bilateral loans to complex multi-party facilities, and includes optional provisions for security, guarantees, and specific regulatory requirements.
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1. Parties: Identification of lender and borrower with full legal names, addresses, and registration details
2. Background: Context of the loan agreement and purpose of the facility
3. Definitions: Definitions of key terms used throughout the agreement
4. Facility: Details of the loan amount, purpose, and disbursement conditions
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment: Repayment schedule, prepayment terms, and payment mechanics
7. Conditions Precedent: Conditions that must be satisfied before drawdown
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances that would allow the lender to terminate the loan and demand repayment
11. Costs and Expenses: Allocation of costs and expenses related to the loan
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Security: Required if the loan is secured - details of collateral, security interests, and enforcement rights
2. Guarantees: Required if there are third-party guarantors - terms of guarantee and guarantor obligations
3. Insurance: Required if specific insurance coverage is mandatory - insurance requirements for secured assets
4. Tax Gross-Up: Include for cross-border loans - provisions for tax withholding and gross-up obligations
5. Assignment and Transfer: Include for transferable loans - terms for transfer of loan participations
6. Consumer Protection Clauses: Required for consumer loans - statutory warnings and withdrawal rights under German law
7. Multiple Borrowers: Required for multiple borrowers - joint and several liability provisions
8. Account Bank Provisions: Include if specific account arrangements are required - details of designated accounts and payment mechanics
1. Schedule 1 - Definitions: Detailed definitions and technical terms
2. Schedule 2 - Conditions Precedent: List of required documents and conditions for drawdown
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable
4. Schedule 4 - Form of Drawdown Request: Template for requesting loan disbursements
5. Schedule 5 - Security Details: Detailed description of security assets and registration requirements
6. Schedule 6 - Calculation of Interest: Detailed interest calculation methodology and examples
7. Appendix A - Form of Compliance Certificate: Template for periodic compliance reporting
8. Appendix B - Form of Transfer Certificate: Template for loan transfers if applicable
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Energy
Infrastructure
Construction
Agriculture
Transport & Logistics
Professional Services
Education
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Operations
Corporate Finance
Transaction Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Loan Officer
Corporate Banking Manager
Finance Manager
Account Manager
General Counsel
Banking Lawyer
Risk Officer
Transaction Manager
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