A No Loan Agreement is commonly used in corporate restructuring, debt management, and inter-company financing scenarios under German law. This document type is particularly relevant when parties need to formalize an arrangement where an existing debt will not be called for repayment during a specified period, often to support business continuity or restructuring efforts. The agreement must comply with German legal requirements, particularly the provisions of the Bürgerliches Gesetzbuch (BGB) regarding debt acknowledgment and contractual obligations. It typically includes detailed provisions about the debt amount, duration of the no-loan commitment, interest treatment, and any conditions or events that might trigger early termination. The document is especially important in group company contexts or when businesses need temporary relief from debt obligations while maintaining legal certainty for all parties involved.
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1. Parties: Identification and details of the creditor and debtor
2. Background: Context of the existing debt and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Debt Acknowledgment: Formal acknowledgment of the existing debt amount and its origin
5. No Loan Commitment: Core provisions stating the creditor's commitment not to demand repayment and any conditions attached
6. Duration: Period for which the no loan commitment remains valid
7. Interest: Provisions regarding any interest applicable during the no loan period
8. Representations and Warranties: Statements of fact and assurances from both parties
9. Events of Default: Circumstances under which the no loan commitment may be terminated
10. Notices: Communication requirements and contact details for formal notices
11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Security: Details of any security arrangements, used when the debt is secured
2. Subordination: Provisions regarding ranking of the debt, included when there are multiple creditors
3. Information Rights: Creditor's rights to receive financial information, included for corporate debtors
4. Tax Provisions: Special tax considerations, included when tax implications need to be addressed
5. Assignment and Transfer: Rights to assign or transfer the agreement, included when transferability is important
6. Costs and Expenses: Allocation of costs, included when significant expenses are anticipated
1. Schedule 1 - Debt Details: Detailed breakdown of the existing debt amount and its components
2. Schedule 2 - Payment History: Historical record of payments and debt origin
3. Schedule 3 - Security Details: Details of any security arrangements if applicable
4. Appendix A - Form of Notices: Template forms for formal notices under the agreement
5. Appendix B - Corporate Authorizations: Copies of relevant corporate approvals and authorizations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Corporate Finance
Investment Management
Real Estate
Manufacturing
Retail & Consumer
Technology
Healthcare
Energy & Utilities
Professional Services
Relevant Teams
Legal
Finance
Treasury
Corporate Finance
Risk Management
Credit
Compliance
Corporate Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Financial Controller
Restructuring Officer
Credit Manager
Investment Manager
Relationship Manager
Risk Manager
Company Secretary
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