The Loan Lease Agreement is a specialized financial instrument used when parties wish to combine asset financing with leasing arrangements under German law. This type of agreement is particularly useful for businesses seeking to acquire expensive equipment or machinery while managing cash flow and maintaining operational flexibility. The document addresses both the financial aspects of the loan (including interest rates, repayment terms, and security arrangements) and the practical aspects of the lease (including usage rights, maintenance obligations, and return conditions). It's structured to comply with German legal requirements, including the relevant provisions of the German Civil Code (BGB) and banking regulations. The agreement is commonly used in commercial and industrial contexts where significant capital investment is required, offering businesses a practical solution for acquiring and using assets while spreading the cost over time.
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1. Parties: Identification of the contracting parties including the lender/lessor and borrower/lessee
2. Background: Context of the agreement and brief description of the transaction structure
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Loan Terms: Principal amount, interest rate, repayment schedule, and other key loan conditions
5. Lease Terms: Description of leased property, lease period, and rental payments
6. Delivery and Acceptance: Terms regarding the delivery and acceptance of the leased property
7. Use and Maintenance: Requirements for use, maintenance, and care of the leased property
8. Insurance and Risk: Insurance requirements and allocation of risk for the leased property
9. Representations and Warranties: Statements of fact and assurances from both parties
10. Covenants: Ongoing obligations of the parties during the agreement term
11. Events of Default: Circumstances constituting default and consequences thereof
12. Termination: Conditions and procedures for early termination or end of term
13. Return of Property: Requirements for return of leased property at end of term
14. Notices: Process and requirements for formal communications between parties
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
16. Miscellaneous Provisions: Standard boilerplate provisions including severability, entire agreement, etc.
1. Guarantees: Terms of any guarantees provided - include when there is a third-party guarantor
2. Security: Details of any additional security arrangements - include when collateral is provided
3. Purchase Option: Terms for purchasing the leased property - include when a purchase option is offered
4. Assignment and Subletting: Rights and restrictions regarding assignment or subletting - include when these rights are granted
5. Tax Provisions: Detailed tax implications and responsibilities - include for complex commercial transactions
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value agreements
7. Data Protection: GDPR compliance provisions - include when personal data processing is extensive
8. Anti-Money Laundering: AML compliance provisions - include for high-value transactions
1. Schedule 1 - Property Description: Detailed description and specifications of the leased property
2. Schedule 2 - Payment Schedule: Detailed breakdown of loan repayments and lease payments
3. Schedule 3 - Maintenance Requirements: Detailed maintenance and servicing requirements
4. Schedule 4 - Insurance Requirements: Specific insurance requirements and coverage details
5. Schedule 5 - Condition Report: Initial condition report of the leased property
6. Appendix A - Form of Delivery Acceptance: Standard form for confirming delivery and acceptance
7. Appendix B - Return Conditions: Detailed requirements for property return condition
8. Appendix C - Required Notices: Templates for required notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Construction
Agriculture
Transportation and Logistics
Healthcare
Technology and IT
Industrial Equipment
Renewable Energy
Automotive
Aviation
Mining and Resources
Commercial Real Estate
Relevant Teams
Legal
Finance
Procurement
Operations
Risk Management
Compliance
Treasury
Asset Management
Contract Administration
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Contract Manager
Equipment Manager
Fleet Manager
Procurement Manager
Treasury Manager
Risk Manager
Operations Director
Asset Manager
Compliance Officer
Financial Controller
Business Development Manager
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