The Company Loan Agreement is a fundamental financial instrument used when a business entity requires external financing for various purposes such as working capital, expansion, or asset acquisition. Under German law, these agreements must comply with the German Civil Code (BGB), particularly 搂搂 488-507, and the German Banking Act (KWG) when involving financial institutions. The document structure reflects German legal requirements for commercial lending, including mandatory form requirements and statutory provisions. A Company Loan Agreement typically includes detailed terms about the loan facility, security arrangements, representations and warranties, and covenants, while incorporating specific German law concepts and requirements for enforceability.
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1. Parties: Identification of the lender and borrower with full legal names, registration details, and addresses as required under German law
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement, including financial terms and technical definitions
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, including notice requirements
7. Repayment: Repayment schedule, methods, and prepayment provisions
8. Representations and Warranties: Standard confirmations about the borrower's legal status, capacity, and financial condition
9. Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Taxes and Costs: Allocation of tax liabilities and transaction costs
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Security: Details of any collateral or security arrangements, used when the loan is secured
2. Guarantees: Terms of any third-party guarantees, included when there are guarantors
3. Financial Covenants: Specific financial ratios and requirements, used for larger or more complex loans
4. Information Requirements: Detailed reporting obligations, typically for larger corporate loans
5. Syndication Provisions: Terms for loan participation by multiple lenders, used in syndicated loans
6. Change of Control: Provisions dealing with changes in borrower ownership, relevant for corporate borrowers
7. Subordination: Priority arrangements with other debt, used when there are multiple creditors
1. Repayment Schedule: Detailed amortization table with payment dates and amounts
2. Conditions Precedent: List of documents and conditions required before drawdown
3. Form of Drawdown Request: Template for loan drawdown requests
4. Security Details: Detailed description of security assets and registration requirements
5. Calculation of Interest: Detailed methodology for interest calculations
6. Form of Compliance Certificate: Template for periodic compliance reporting
7. Permitted Security: List of security interests allowed under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Manufacturing
Real Estate
Technology
Retail
Construction
Healthcare
Energy
Telecommunications
Transportation & Logistics
Professional Services
Industrial
Agriculture
Hospitality
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit
Business Development
Operations
Corporate Banking
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Banking Relationship Manager
Credit Risk Manager
Compliance Officer
Financial Controller
Corporate Secretary
Managing Director
Business Development Manager
Account Manager
Risk Officer
Finance Manager
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