The Common Loan Agreement under German law serves as a comprehensive framework for documenting credit arrangements between parties. It is primarily used when a lender extends credit to a borrower in Germany or when parties specifically choose German law to govern their lending relationship. The agreement must comply with German civil law requirements, particularly the German Civil Code (BGB) sections 488-507 governing loan contracts (Darlehensvertrag). It includes essential provisions such as facility terms, interest calculations, repayment schedules, and security arrangements if applicable. This document is adaptable for various lending scenarios, from corporate financing to consumer loans, with additional provisions required for consumer protection in the latter case. The agreement can be structured for bilateral or syndicated loans and may include security arrangements subject to German collateral laws.
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1. Parties: Identification of lender(s) and borrower(s) with full legal names and addresses
2. Background: Context of the loan agreement and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement
4. The Facility: Core loan terms including amount, purpose, and availability
5. Interest: Interest rate, calculation method, payment periods, and default interest
6. Repayment: Repayment schedule, methods, and prepayment provisions
7. Payments: Payment mechanics, business days, and currency provisions
8. Representations and Warranties: Borrower's confirmations about their legal and financial status
9. Information Undertakings: Borrower's obligations to provide financial and other information
10. General Undertakings: Borrower's general obligations during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Rules for assignment and transfer of rights/obligations
13. Notices: Communication methods and contact details
14. Miscellaneous: General provisions including severability and amendments
15. Governing Law and Jurisdiction: Confirmation of German law and jurisdiction
1. Security: Include when loan is secured by collateral or guarantees
2. Financial Covenants: Include for corporate borrowers where financial metrics need to be maintained
3. Conditions Precedent: Include when loan availability is subject to specific conditions
4. Increased Costs and Tax Gross-up: Include for longer-term loans or when tax implications are significant
5. Multiple Lenders: Include when there is more than one lender, including syndication provisions
6. Currency Provisions: Include for multi-currency facilities or cross-border loans
7. Consumer Protection Clauses: Include when borrower is a consumer under German law
1. Schedule 1 - Conditions Precedent: List of documents and conditions required before drawdown
2. Schedule 2 - Drawdown Request Form: Standard form for requesting loan disbursements
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable
4. Schedule 4 - Security Documents: List and copies of security documents if loan is secured
5. Schedule 5 - Calculation of Interest Rate: Detailed methodology for interest calculation
6. Appendix A - Form of Transfer Certificate: Standard form for transferring loan participations
7. Appendix B - Form of Compliance Certificate: Template for periodic compliance reporting
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Relevant Industries
Banking & Financial Services
Corporate Finance
Real Estate
Manufacturing
Retail
Technology
Healthcare
Energy
Infrastructure
Transportation
Agriculture
Construction
Relevant Teams
Legal
Finance
Treasury
Compliance
Credit Risk
Corporate Banking
Loan Administration
Banking Operations
Corporate Finance
Contract Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Corporate Banking Manager
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Finance Manager
Contract Manager
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