The Demand Loan Agreement (Darlehensvertrag auf Abruf) under German law is utilized when parties seek to establish a flexible lending arrangement where the lender retains the right to demand repayment at any time. This document type is commonly used in various business contexts, from corporate financing to private lending arrangements, and must comply with German legal requirements, particularly the German Civil Code (BGB) and Banking Act (KWG). The agreement details the loan amount, interest calculations, repayment terms, and the specific mechanism for demanding repayment. It includes provisions required under German law for loan documentation, such as clear interest rate specifications and repayment terms, while also addressing security arrangements and enforcement procedures where applicable.
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1. Parties: Identification and details of the lender and borrower, including registered addresses and registration numbers
2. Background: Context of the loan agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. The Loan: Principal amount, purpose, and demand nature of the loan
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Terms of repayment, including demand mechanism and payment procedures
7. Representations and Warranties: Statements of fact and assurances given by the borrower
8. Borrower's Covenants: Ongoing obligations and restrictions on the borrower
9. Events of Default: Circumstances constituting default and consequences
10. Demand and Enforcement: Process and conditions for demanding repayment
11. Costs and Expenses: Allocation of costs related to the loan and its enforcement
12. Notices: Communication procedures between parties
13. General Provisions: Standard boilerplate clauses including severability, amendments, and governing law
1. Security: Details of any collateral or security arrangements - include if loan is secured
2. Guarantees: Terms of any third-party guarantees - include if there are guarantors
3. Tax Provisions: Specific tax-related obligations and withholding requirements - include for cross-border loans
4. Assignment and Transfer: Rights to transfer or assign the loan - include if transferability is desired
5. Multiple Borrowers: Joint and several liability provisions - include if more than one borrower
6. Consumer Protection Provisions: Additional protections required by German law - include if borrower is a consumer
7. Data Protection: GDPR compliance provisions - include if personal data will be processed
1. Loan Details Schedule: Detailed breakdown of loan amount, interest calculations, and payment schedules
2. Form of Demand: Template for making formal demand for repayment
3. Conditions Precedent: List of documents and conditions required before loan effectiveness
4. Security Details: Specific details of any security or collateral (if applicable)
5. Repayment Schedule: Expected repayment dates and amounts (if any structured repayment is planned)
6. Compliance Certificates: Forms for periodic confirmation of compliance with loan terms
7. Notice Details: Detailed contact information and procedures for notices
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Construction
Professional Services
Energy
Agriculture
Transportation and Logistics
Education
Hospitality
Relevant Teams
Legal
Finance
Treasury
Credit and Risk
Compliance
Corporate Secretariat
Commercial
Business Development
Operations
Account Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Lawyer
Finance Manager
Treasury Manager
Credit Manager
Risk Manager
Compliance Officer
Corporate Secretary
Financial Controller
Business Development Manager
Account Manager
Loan Officer
Commercial Director
Managing Director
Contract Manager
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