The Drawdown Loan Agreement under German law is utilized when parties require a flexible lending arrangement where funds can be accessed in multiple installments rather than as a single lump sum. This type of agreement is particularly suitable for projects with phased funding requirements, working capital financing, or construction projects where capital is needed at different stages. The document must comply with German legal requirements, including the German Civil Code (BGB) and Banking Act (KWG), while addressing specific German law considerations regarding security interests, consumer protection (if applicable), and banking regulations. The agreement typically includes detailed provisions for drawdown mechanics, conditions precedent, interest calculation methods compliant with German law, and mandatory provisions required under German banking regulations.
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1. Parties: Identification and details of the lender(s) and borrower(s)
2. Background: Context of the loan agreement and purpose of the facility
3. Definitions and Interpretation: Defined terms, interpretation rules, and language provisions
4. The Facility: Key terms of the loan facility including amount, purpose, and availability period
5. Drawdown Conditions: Conditions precedent and subsequent, drawdown mechanics and notice requirements
6. Interest: Interest rate, calculation periods, payment dates, and default interest provisions
7. Repayment: Repayment schedule, prepayment provisions, and mandatory prepayment events
8. Payments: Payment mechanics, business day convention, and currency provisions
9. Tax Provisions: Tax gross-up, indemnities, and VAT treatment
10. Representations and Warranties: Standard representations and warranties given by the borrower
11. Information Undertakings: Financial and other information to be provided by the borrower
12. General Undertakings: Positive and negative covenants of the borrower
13. Events of Default: Default triggers and consequences
14. Changes to Parties: Assignment and transfer provisions
15. Notices: Communication methods and contact details
16. Calculations and Certificates: Basis of calculations and evidence of amounts due
17. Partial Invalidity: Severability provisions
18. Remedies and Waivers: Rights and remedies of the lender
19. Amendments and Waivers: Process for making changes to the agreement
20. Governing Law and Jurisdiction: German law as governing law and jurisdiction provisions
1. Security: Required if the loan is secured - details of security package and enforcement rights
2. Guarantee: Required if there are guarantors - terms of guarantee and guarantor obligations
3. Financial Covenants: Include for corporate borrowers - financial maintenance covenants and testing
4. Agency and Security Agent Provisions: Required for syndicated loans - role and powers of facility/security agents
5. Majority Lenders: Required for syndicated loans - voting mechanisms and decision-making process
6. Set-off Rights: Optional rights of set-off against borrower accounts
7. Increased Costs: Protection for lenders against regulatory changes affecting costs
8. Market Disruption: Provisions dealing with interest rate benchmark disruption
9. Break Costs: Compensation for early repayment losses
10. Data Protection: Required if personal data is processed - GDPR compliance provisions
1. Conditions Precedent: Detailed list of required documents and conditions for initial drawdown
2. Form of Drawdown Request: Template for borrower to request loan disbursements
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Form of Transfer Certificate: Template for transferring loan participations
5. Form of Compliance Certificate: Template for periodic compliance certification
6. Financial Covenants Calculations: Detailed methodology for calculating financial covenants
7. Security Documents List: List of all security documents if loan is secured
8. Existing Financial Indebtedness: List of permitted existing debt
9. Contact Details: Detailed contact information for all parties
10. Timetables: Processing times for payments, notices and other actions
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Relevant Industries
Banking
Financial Services
Real Estate
Infrastructure
Manufacturing
Energy
Technology
Healthcare
Retail
Construction
Transportation
Telecommunications
Agriculture
Mining
Professional Services
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Finance
Banking Operations
Business Development
Project Management
Account Management
Financial Control
Risk Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Relationship Manager
Credit Officer
Risk Manager
Compliance Officer
Finance Manager
Corporate Finance Manager
Business Development Manager
Project Manager
Account Manager
Transaction Manager
Financial Controller
Banking Operations Manager
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