The Working Capital Loan Agreement is a critical financing instrument used when businesses require funding for their day-to-day operations, inventory management, or short-term liquidity needs. This German law-governed agreement is designed to comply with the requirements of the German Civil Code (BGB), German Banking Act (KWG), and related banking regulations. It details the lending arrangement between a financial institution and a borrower, including facility amount, drawdown mechanisms, repayment terms, security arrangements, and covenants. The document is particularly important for businesses seeking to maintain optimal working capital levels while ensuring compliance with German banking and regulatory requirements. It includes specific provisions for interest calculation, security arrangements, and reporting requirements as mandated by German law.
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1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses
2. Background: Context of the working capital facility and purpose of the loan
3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation
4. The Facility: Details of the working capital facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Utilization: Process and requirements for drawing down the loan
7. Repayment and Prepayment: Terms for regular repayment and voluntary/mandatory prepayment provisions
8. Interest: Interest rate, calculation methods, and payment dates
9. Fees: All applicable fees including arrangement, commitment, and processing fees
10. Tax Gross Up and Indemnities: Provisions for tax-related payments and indemnifications
11. Representations and Warranties: Borrower's confirmations about their legal and financial status
12. Information Undertakings: Borrower's obligations to provide financial and other information
13. General Undertakings: Borrower's general operational and financial covenants
14. Events of Default: Circumstances that constitute default and their consequences
15. Changes to Parties: Rules for assignment and transfer of rights and obligations
16. Payment Mechanics: Details of payment procedures and calculations
17. Notices: Communication methods and contact details
18. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction
1. Security: Required if the loan is secured - details of collateral and security arrangements
2. Guarantee: Required if there are third-party guarantors for the loan
3. Majority Lenders: Required for syndicated facilities with multiple lenders
4. Agency Provisions: Required for syndicated facilities where a facility agent is appointed
5. Set-off Rights: Optional provisions for the right to set off debts against other accounts
6. Hedging Arrangements: Required if interest rate or currency hedging is mandatory
7. Insurance: Required if specific insurance coverage is mandatory for the borrower
8. Bank Accounts: Required if specific account structures or cash management systems are needed
1. Conditions Precedent Documents: List of required documents and conditions to be satisfied
2. Form of Utilization Request: Standard form for requesting drawdowns under the facility
3. Form of Compliance Certificate: Template for periodic compliance certification
4. Calculation of the Interest Rate: Detailed methodology for interest calculations
5. Repayment Schedule: If applicable, detailed schedule of repayment dates and amounts
6. Security Documents: If applicable, forms of security documents and collateral descriptions
7. Form of Transfer Certificate: Standard form for transferring loan participations
8. Contact Details: Detailed contact information for all parties and their representatives
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale Trade
Technology
Healthcare
Construction
Logistics and Transportation
Professional Services
Agriculture
Energy
Telecommunications
Real Estate
Hospitality
E-commerce
Industrial Production
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Analysis
Operations
Senior Management
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Credit Risk Manager
Compliance Officer
Managing Director
Business Development Manager
Account Manager
Corporate Banking Officer
Risk Assessment Officer
Operations Manager
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