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Interest Bearing Loan Agreement for Germany

Interest Bearing Loan Agreement Template for Germany

A comprehensive loan agreement template governed by German law, designed to document interest-bearing loan arrangements between lenders and borrowers. The agreement incorporates all essential elements required under German civil law (BGB), including detailed provisions for interest calculation, payment terms, and security arrangements. It includes mandatory consumer protection provisions where applicable and complies with German banking regulations. The document provides a robust framework for both commercial and private lending transactions, with specific provisions for representations, warranties, covenants, and events of default tailored to German market practice.

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Interest Bearing Loan Agreement

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What is a Interest Bearing Loan Agreement?

This Interest Bearing Loan Agreement template is designed for use under German law when documenting loan arrangements where interest is charged on the principal amount. It is particularly relevant for both commercial lending transactions and private loan arrangements, incorporating all necessary provisions required by German civil law and banking regulations. The document includes comprehensive sections on interest calculation, payment mechanisms, security arrangements, and enforcement rights, while ensuring compliance with German usury laws and, where applicable, consumer protection requirements. This template can be adapted for various loan amounts and terms, making it suitable for both institutional lenders and private lending arrangements. The agreement includes all mandatory provisions required under the German Civil Code (BGB) and relevant banking regulations, with optional modules for specific business requirements.

What sections should be included in a Interest Bearing Loan Agreement?

1. Parties: Identification and details of the Lender and Borrower, including registration numbers and addresses

2. Background: Context of the loan agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. The Loan: Details of the loan amount, purpose, and drawdown conditions

5. Interest: Interest rate, calculation method, payment dates, and default interest provisions

6. Repayment: Repayment schedule, method of payment, and account details

7. Representations and Warranties: Standard representations and warranties from the Borrower

8. Covenants: Positive and negative obligations of the Borrower during the loan term

9. Events of Default: Circumstances constituting default and consequences thereof

10. Security: Details of any security or guarantees provided for the loan

11. Notices: Process and requirements for formal communications between parties

12. Assignment and Transfer: Rules regarding transfer of rights and obligations under the agreement

13. Governing Law and Jurisdiction: Confirmation of German law as governing law and jurisdiction for disputes

14. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

What sections are optional to include in a Interest Bearing Loan Agreement?

1. Syndication Provisions: Required when multiple lenders are involved or if syndication is contemplated

2. Tax Gross-Up: Include when tax implications need to be addressed explicitly

3. Prepayment Terms: Detailed terms for voluntary or mandatory prepayment if allowed

4. Currency Provisions: Required when loan or payments involve multiple currencies

5. Information Undertakings: Additional reporting requirements for corporate borrowers

6. Financial Covenants: Include for corporate borrowers when specific financial metrics need to be maintained

7. Consumer Protection Clauses: Required when the borrower is a consumer under German law

8. Change of Control: Include for corporate borrowers to address ownership changes

What schedules should be included in a Interest Bearing Loan Agreement?

1. Repayment Schedule: Detailed amortization table showing payment dates and amounts

2. Form of Drawdown Notice: Template for requesting disbursement of the loan

3. Security Documents: Forms of security agreements or guarantees

4. Conditions Precedent: List of documents and conditions required before drawdown

5. Contact Details: Detailed contact information for notices and communications

6. Interest Calculation Examples: Examples showing how interest will be calculated

7. Form of Compliance Certificate: Template for periodic compliance reporting if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions









































Clauses






























Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Technology

Retail

Healthcare

Construction

Energy

Infrastructure

Agriculture

Hospitality

Transportation

Education

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Banking

Operations

Deal Advisory

Commercial Banking

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Credit Manager

Risk Manager

Banking Relationship Manager

Loan Officer

Financial Controller

Company Secretary

Business Development Manager

Investment Manager

Account Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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