The Loan Agreement Document is essential for any lending transaction under German law, whether for commercial or consumer purposes. It serves as the primary contract governing the lending relationship between parties, detailing all aspects of the loan including amount, purpose, interest, repayment terms, and security arrangements. The agreement must comply with German Civil Code (BGB) requirements, particularly §§ 488-507, and when applicable, the German Banking Act (KWG) and consumer protection regulations. This document is crucial for establishing legally enforceable rights and obligations, managing risk, and ensuring regulatory compliance in German lending transactions. It's commonly used for various purposes including business expansion, real estate acquisition, project finance, and personal lending, with terms tailored to the specific transaction type and parties involved.
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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 purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest: Interest rate provisions, calculation method, and payment dates
6. Repayment: Repayment schedule, methods of payment, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before the loan is made available
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 trigger default and remedies available to the lender
11. Fees and Costs: All fees, charges, and costs associated with the loan
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction for disputes
1. Security: Required if the loan is secured by collateral, detailing the security arrangements
2. Guarantee: Required if there are third-party guarantors for the loan
3. Multiple Lenders: Required for syndicated loans, including provisions for lender coordination
4. Tax Provisions: Detailed tax provisions for complex commercial loans or cross-border transactions
5. Consumer Protection Rights: Required for consumer loans, including withdrawal rights and special protections
6. Assignment and Transfer: Provisions for transferring or assigning the loan, typically in commercial contexts
7. Information Rights: Additional reporting requirements for commercial loans
8. Financial Covenants: Specific financial maintenance requirements for commercial borrowers
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Drawdown Request: Template for borrower to request loan disbursement
3. Security Details: Detailed description of any collateral or security arrangements
4. Conditions Precedent Documents: List of required documents and evidence for loan disbursement
5. Fee Schedule: Detailed breakdown of all applicable fees and charges
6. Required Insurance: Specifications for required insurance coverage
7. Form of Compliance Certificate: Template for periodic compliance certification by borrower
8. Contact Details: Complete contact information for all parties and their representatives
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