The International Loan Agreement is a sophisticated financial instrument used for cross-border lending transactions where German law serves as the governing law. It is typically employed when either the lender or borrower (or both) operate internationally, but the parties choose German law for its robust legal framework and enforcement mechanisms. The agreement comprehensively addresses all aspects of the lending relationship, from initial drawdown to final repayment, incorporating both German civil law requirements and international banking practices. It includes detailed provisions for security interests, regulatory compliance, and cross-border elements, making it suitable for complex international financing transactions. The document is particularly relevant when German banks or corporations are involved in international financing, or when foreign entities seek to utilize the German legal framework for their lending arrangements.
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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 loan agreement and brief description of the transaction
3. Definitions and Interpretation: Definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan amount, purpose, and availability period
5. Interest: Interest rate provisions, calculation methods, and payment dates
6. Repayment: Terms of loan repayment, including schedule and prepayment provisions
7. Payments: Payment mechanics, currency, and business day conventions
8. Representations and Warranties: Borrower's confirmations regarding its status and capacity
9. Information Undertakings: Borrower's obligations to provide financial and other information
10. General Undertakings: Borrower's general operational and financial covenants
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Rules for assignment and transfer of rights and obligations
13. Administration: Administrative provisions, notices, and calculations
14. Governing Law and Jurisdiction: Choice of German law and jurisdiction provisions
15. Execution: Signature blocks and execution formalities
1. Security: Required if the loan is secured by collateral, detailing security structure and enforcement
2. Guarantees: Include when third-party guarantees are part of the credit support
3. Multiple Currencies: Required for facilities offering multiple currency options
4. Syndication Provisions: Include for syndicated loans, covering facility agent and relationship between lenders
5. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border transactions
6. Increased Costs: Protection for lenders against regulatory changes affecting costs
7. Market Disruption: Provisions dealing with market disruption events
8. Anti-corruption and Sanctions: Required for international transactions with compliance concerns
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Form of Drawdown Request: Template for borrower to request loan disbursement
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Form of Transfer Certificate: Template for transferring loan participations
5. Financial Covenants Calculations: Detailed methods for calculating financial covenants
6. Security Documents: Forms of security documentation if applicable
7. Contact Details: Administrative and notice details for all parties
8. Existing Security and Indebtedness: List of permitted existing security and debt
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Corporate Finance
Manufacturing
Real Estate
Infrastructure
Energy
Technology
Healthcare
Retail
Transportation
Telecommunications
Agriculture
Mining and Resources
Construction
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
International Banking
Corporate Finance
Documentation
Loan Administration
Financial Control
Transaction Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Compliance Officer
Risk Manager
Credit Manager
Financial Controller
Banking Relationship Manager
Loan Officer
Corporate Finance Manager
Senior Finance Manager
General Counsel
Company Secretary
Transaction Manager
Director of International Finance
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