The Bond Promissory Note (Schuldverschreibung) is a sophisticated debt instrument commonly used in German financial markets for raising capital. This document type is particularly relevant when companies or financial institutions need to secure medium to long-term financing through debt securities. The Bond Promissory Note, governed by German law, particularly the German Civil Code (BGB) and German Bond Act (SchVG), provides a detailed framework for the issuance of debt securities, including essential terms such as interest rates, repayment schedules, and security arrangements. It's frequently used in both private placements and public offerings, offering flexibility in terms of structure while maintaining the formal requirements of German securities law. The document includes comprehensive provisions for bondholders' rights, collective action procedures, and transfer mechanisms, making it a preferred instrument for institutional investors and corporate borrowers alike.
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1. Parties: Identification of the issuer and initial bondholder(s) or trustee
2. Background: Context of the bond issuance and general purpose
3. Definitions: Key terms used throughout the document
4. Bond Details: Nominal amount, denomination, and form of the bonds
5. Status and Ranking: Classification of the bonds and their ranking in terms of priority
6. Interest Provisions: Interest rate, calculation methods, payment dates and conditions
7. Repayment Terms: Maturity date, redemption provisions, and early repayment options
8. Payment Mechanics: Process and conditions for making payments
9. Transfer Provisions: Rules and procedures for transferring the bonds
10. Representations and Warranties: Issuer's statements regarding legal capacity and bond validity
11. Covenants: Issuer's ongoing obligations and restrictions
12. Events of Default: Circumstances that trigger default and consequences
13. Notices: Communication requirements and methods between parties
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Security Arrangements: Include when the bonds are secured by specific assets or guarantees
2. Tax Provisions: Include for bonds with specific tax implications or gross-up requirements
3. Bondholder Meetings: Include for bonds that may require collective action procedures
4. Market Listing Provisions: Include if bonds are or may be listed on a securities exchange
5. Rating Agency Provisions: Include if the bonds are or will be rated
6. Secondary Market Trading: Include for bonds intended for active trading
7. Green Bond Provisions: Include for bonds qualifying as green or sustainable finance instruments
1. Interest Calculation Methods: Detailed formulae and examples for interest calculations
2. Form of Transfer Certificate: Template for documenting transfer of bonds
3. Security Details: Detailed description of any security or collateral (if applicable)
4. Use of Proceeds: Detailed breakdown of how bond proceeds will be used
5. Payment Schedule: Detailed schedule of interest and principal payment dates
6. Form of Global Note: Template of the global note representation of the bonds
7. Conditions Precedent: List of documents and conditions required before issuance
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Insurance
Investment Management
Real Estate
Manufacturing
Energy & Utilities
Infrastructure
Telecommunications
Healthcare
Technology
Transportation & Logistics
Consumer Goods
Industrial Products
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Finance
Capital Markets
Investment
Securities Administration
Credit Analysis
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Corporate Lawyer
Investment Manager
Portfolio Manager
Debt Capital Markets Director
Compliance Officer
Risk Manager
Financial Controller
Bond Trustee
Investment Banker
Securities Administrator
Credit Analyst
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