The Loan Agreement Contract is a fundamental legal document used in German financing transactions to formalize the lending of money between parties. It is essential for both commercial and consumer lending operations, providing a legally binding framework that complies with German Civil Code (BGB) requirements and banking regulations. This document is particularly relevant when establishing clear terms for loans in Germany, whether for business expansion, asset acquisition, or other financing needs. The agreement includes mandatory provisions required under German law, such as precise interest calculation methods, statutory notice periods, and specific consumer protection measures where applicable. It serves as the primary document governing the lending relationship, incorporating all necessary terms, conditions, and security arrangements while ensuring compliance with German banking practices and regulatory requirements.
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1. Parties: Identification and details of the lender(s) and borrower(s)
2. Background: Context of the loan agreement and purpose of the loan
3. Definitions and Interpretation: Defined terms and rules of interpretation for the agreement
4. The Loan: Core terms including loan amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment: Repayment schedule, method of payment, and account details
7. Borrower Representations: Standard representations about borrower's status and capacity
8. Borrower Covenants: Ongoing obligations of the borrower during the loan term
9. Events of Default: Circumstances constituting default and consequences
10. Changes to Parties: Rules for assignment and transfer of rights and obligations
11. Notices: Communication methods and contact details
12. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Security: Required if the loan is secured by collateral or guarantees
2. Conditions Precedent: Used for complex loans where specific conditions must be met before drawdown
3. Multiple Lenders: Required for syndicated loans with provisions for lender voting and administration
4. Prepayment: Optional provisions for early repayment terms and any associated fees
5. Tax Gross-Up: Used when tax implications need specific addressing
6. Break Costs: Required for fixed-rate loans with potential early termination
7. Currency Provisions: Required if loan or repayments involve multiple currencies
8. Information Undertakings: Additional reporting requirements for complex commercial loans
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Drawdown Request: Standard form for requesting loan disbursements
3. Security Details: Detailed description of any collateral or security arrangements
4. Conditions Precedent Documents: List of required documents and conditions for loan effectiveness
5. Form of Transfer Certificate: Standard form for transferring loan participations
6. Interest Calculation Examples: Examples showing how interest will be calculated
7. Contact Details: Detailed contact information for all parties and their representatives
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Construction
Energy
Agriculture
Transportation
Hospitality
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Administration
Business Development
Account Management
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Credit Risk Manager
Treasury Manager
Financial Controller
Compliance Officer
Business Development Manager
Account Manager
Corporate Finance Manager
Investment Manager
Loan Officer
Contract Administrator
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