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Loan Transfer Agreement

Loan Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

Loan Transfer Agreement

"I need a German law Loan Transfer Agreement for transferring a secured corporate loan of €5 million from Deutsche Bank to Commerzbank, with the transfer to be completed by March 1, 2025, including provisions for transferring the associated real estate security interests."

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Document background
The Loan Transfer Agreement is a crucial document used in German banking and finance transactions when an existing lender wishes to transfer its rights and obligations under a loan agreement to a new lender. This type of agreement is particularly relevant in loan portfolio sales, syndication arrangements, or when banks need to manage their loan exposure. The document must comply with German law requirements, particularly the German Civil Code (BGB) provisions on assignments (Abtretung) and debt assumption (Schuldübernahme), as well as German banking regulations. It includes detailed provisions on the transfer mechanics, payment terms, representations and warranties, and where applicable, the transfer of associated security interests. The agreement is essential for maintaining proper documentation of loan transfers while ensuring regulatory compliance and protecting all parties' interests.
Suggested Sections

1. Parties: Identification of the existing lender (transferor), new lender (transferee), and borrower (if party to the agreement)

2. Background: Context of the original loan agreement and the intention to transfer the loan

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including reference to original loan agreement definitions

4. Transfer and Assignment: Core provisions detailing the transfer of rights, obligations, and claims under the loan

5. Transfer Price and Payment: Details of the consideration for the transfer and payment mechanics

6. Completion: Conditions precedent, timing, and mechanics for completing the transfer

7. Representations and Warranties: Standard representations from both transferor and transferee

8. Notices and Communications: Provisions for how parties will communicate post-transfer

9. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction for disputes

Optional Sections

1. Security Transfer: Required when the loan is secured - provisions for transfer of security interests

2. Consent Requirements: Required when borrower or third-party consent is needed for the transfer

3. Data Protection: Detailed GDPR compliance provisions when personal data is involved

4. Multiple Lenders: Additional provisions for transfers involving syndicated loans

5. Regulatory Compliance: Specific provisions required for regulated entities or transactions

6. Tax Provisions: Specific tax-related provisions when tax implications are significant

Suggested Schedules

1. Details of the Loan: Summary of key loan terms, outstanding amounts, and payment history

2. Form of Transfer Certificate: Standard form for documenting the transfer

3. Security Documents: List and copies of security documents being transferred

4. Existing Loan Agreement: Copy of the original loan agreement being transferred

5. Required Notices: Forms of notices to borrower and other relevant parties

6. Completion Checklist: List of actions and documents required for completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






































Clauses




























Relevant Industries

Banking

Financial Services

Investment Management

Real Estate

Private Equity

Corporate Finance

Asset Management

Insurance

Commercial Lending

Debt Capital Markets

Relevant Teams

Legal

Finance

Credit Risk

Treasury

Compliance

Portfolio Management

Transaction Management

Loan Administration

Corporate Banking

Debt Capital Markets

Syndications

Relevant Roles

Legal Counsel

Finance Director

Credit Manager

Loan Officer

Treasury Manager

Risk Manager

Compliance Officer

Portfolio Manager

Banking Relationship Manager

Transaction Manager

Debt Capital Markets Associate

Syndication Manager

Corporate Finance 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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