The Capital Loan Agreement is a fundamental financing document used when a business or entity requires substantial capital funding under German law. This agreement is essential for documenting large-scale financing transactions, typically used for business expansion, acquisitions, or major capital investments. The document must comply with German banking regulations, including the German Civil Code (BGB) and Banking Act (KWG), and includes detailed provisions for loan disbursement, repayment terms, security arrangements, and borrower obligations. It's particularly important for establishing clear terms and conditions for significant financial commitments, ensuring both parties' interests are protected within the German legal framework. The agreement typically involves substantial due diligence and often requires coordination with various professional advisors to ensure compliance with all relevant regulations.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and purpose of the facility
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, calculation method, payment dates, and default interest provisions
6. Drawdown: Conditions and procedures for drawing down the loan
7. Repayment: Repayment schedule, methods, and prepayment provisions
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Costs and Expenses: Allocation of costs related to the loan agreement
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Security: Required if the loan is secured by collateral, detailing the security arrangements
2. Guarantees: Include when third-party guarantees are part of the loan structure
3. Syndication Provisions: Required for loans involving multiple lenders or potential syndication
4. Tax Provisions: Detailed tax clauses when specific tax considerations apply
5. Insurance Requirements: Specific insurance obligations when required for secured assets
6. Financial Covenants: Detailed financial maintenance covenants for corporate borrowers
7. Change of Control: Provisions dealing with changes in borrower ownership structure
8. Assignment and Transfer: Detailed provisions for transferability of the loan, if permitted
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Repayment Schedule: Detailed amortization schedule with payment dates and amounts
3. Form of Drawdown Request: Standard form for requesting loan disbursements
4. Security Details: Detailed description of any collateral or security arrangements
5. Calculation of Interest: Detailed methodology for interest calculations
6. Form of Compliance Certificate: Template for periodic compliance reporting
7. Contact Details: List of authorized representatives and contact information
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Real Estate
Technology
Healthcare
Energy
Infrastructure
Retail
Transportation
Construction
Agriculture
Telecommunications
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Development
Credit Analysis
Operations
Senior Management
Corporate Banking
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Banking Relationship Manager
Credit Risk Manager
Financial Controller
Compliance Officer
Managing Director
Business Development Director
Corporate Finance Manager
Senior Loan Officer
Investment Manager
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