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1. Parties: Identification of the debtor and creditor(s), including full legal names, addresses, and registration details if companies are involved
2. Background (Pr盲ambel): Description of the original debt, its origin, current status, and the parties' intention to settle
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgment of Debt: Clear statement of the original debt amount and acknowledgment by the debtor
5. Settlement Terms: Specific terms of the settlement, including the agreed reduced amount or new payment terms
6. Payment Terms: Details of how and when payments will be made, including payment method and schedule
7. Release Provisions: Terms specifying the release of the debtor from further obligations upon fulfillment of the settlement terms
8. Default Provisions: Consequences of failing to comply with the settlement terms
9. Representations and Warranties: Basic statements about the parties' authority to enter into the agreement and the validity of the debt
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
11. Entire Agreement: Statement that this agreement represents the complete understanding between the parties
12. Execution: Signature blocks and execution requirements
1. Multiple Creditor Provisions: Required when there are multiple creditors involved in the settlement
2. Collateral Release: Needed when existing security or collateral needs to be released
3. Installment Payment Terms: Detailed terms for when payment is to be made in installments
4. Confidentiality: Terms regarding confidentiality of the settlement, if required
5. Tax Implications: Statements regarding tax treatment of the settlement, particularly relevant for business debts
6. Third-Party Guarantors: Required when guarantors are involved in the original debt
7. Conditions Precedent: Any conditions that must be met before the settlement becomes effective
8. Severability Clause: Optional clause regarding the validity of remaining provisions if some are found invalid
9. Hardship Provisions: Terms for dealing with future inability to pay, particularly relevant for consumer debtors
1. Schedule 1 - Payment Plan: Detailed schedule of payment dates, amounts, and methods
2. Schedule 2 - Original Debt Documentation: List and copies of original debt documents being settled
3. Schedule 3 - Asset List: If relevant, list of assets being used for settlement or as security
4. Schedule 4 - Creditor Claims: Detailed breakdown of various creditor claims in case of multiple creditors
5. Appendix A - Bank Details: Payment account details and payment processing information
6. Appendix B - Release Forms: Forms for releasing any securities or collateral
Financial Services
Banking
Insurance
Real Estate
Manufacturing
Retail
Construction
Professional Services
Healthcare
Technology
Telecommunications
Energy
Transportation and Logistics
Legal
Finance
Credit Control
Collections
Risk Management
Treasury
Compliance
Corporate Affairs
Debt Recovery
Account Management
Chief Financial Officer
Finance Director
Credit Manager
Collections Manager
Risk Manager
Legal Counsel
Corporate Lawyer
Debt Recovery Specialist
Account Manager
Financial Controller
Treasury Manager
Insolvency Practitioner
Restructuring Manager
Compliance Officer
Credit Risk Analyst
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