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Partnership Loan Agreement for Germany

Partnership Loan Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions under which one partnership provides a loan to another partnership, or a lender provides a loan to a partnership. The document incorporates specific provisions of German partnership law (HGB) and banking regulations, while addressing the unique aspects of partnership borrowers, including joint liability, profit sharing implications, and partner-specific representations. It includes detailed sections on loan terms, security arrangements, partner obligations, and compliance with German regulatory requirements.

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Partnership Loan Agreement

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What is a Partnership Loan Agreement?

The Partnership Loan Agreement is utilized when a partnership requires external financing or when one partnership provides financing to another. This document is specifically tailored for use under German law, incorporating requirements from the German Civil Code (BGB) and Commercial Code (HGB). It addresses unique aspects of partnership financing, including partner liability, profit-sharing implications, and regulatory compliance. The agreement typically covers loan amount, interest rates, repayment terms, security arrangements, partner obligations, and default provisions. It's particularly important in professional services, real estate, and other sectors where partnership structures are common. The Partnership Loan Agreement must comply with German banking regulations and partnership law requirements while providing clear mechanisms for loan administration and enforcement.

What sections should be included in a Partnership Loan Agreement?

1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses

2. Background: Context of the partnership and purpose of the loan

3. Definitions and Interpretation: Defined terms and interpretation rules, including German law-specific terms

4. The Loan Facility: Core loan terms including amount, purpose, and availability period

5. Interest: Interest rate, calculation methods, and payment dates

6. Repayment: Repayment schedule, prepayment terms, and mandatory prepayment events

7. Conditions Precedent: Documents and conditions required before drawdown

8. Representations and Warranties: Standard partnership and borrower representations

9. Covenants: General, financial, and information covenants

10. Events of Default: Default triggers and consequences

11. Changes to Parties: Transfer and assignment provisions

12. Administration: Payment mechanics and communication procedures

13. Governing Law and Jurisdiction: German law provisions and jurisdiction clauses

14. Execution: Signature blocks and execution formalities

What sections are optional to include in a Partnership Loan Agreement?

1. Security: Required if the loan is secured by partnership assets or guarantees

2. Partnership Provisions: Specific terms relating to partnership governance and decision-making

3. Accordion Facility: Optional provision for increasing the loan amount

4. Tax Gross-Up and Indemnities: Required if cross-border elements or specific tax arrangements apply

5. Subordination: Required if the loan needs to be subordinated to other debt

6. Currency Provisions: Required for multi-currency facilities

7. Break Costs: Required for fixed-rate loans or specific interest arrangements

8. Partnership Profit Sharing: Required if loan repayment is linked to partnership profits

What schedules should be included in a Partnership Loan Agreement?

1. Conditions Precedent Documents: List of required documentation before drawdown

2. Form of Drawdown Request: Standard form for requesting loan disbursements

3. Repayment Schedule: Detailed amortization table if applicable

4. Form of Transfer Certificate: Standard form for transferring loan participations

5. Partnership Information: Details of partnership structure and partners

6. Security Documents: If applicable, forms of security agreements and guarantees

7. Calculation of Interest and Fees: Detailed methodology for calculations

8. Form of Compliance Certificate: Template for periodic compliance reporting

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

Financing Agreement

Cost

Free to use
Relevant legal definitions






















































Clauses


































Relevant Industries

Professional Services

Real Estate

Construction

Manufacturing

Technology

Healthcare

Retail

Hospitality

Agriculture

Professional Partnerships

Legal Services

Accounting Services

Consulting Services

Architecture

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Credit

Banking

Partnership Management

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Partnership Manager

Legal Counsel

Corporate Lawyer

Managing Partner

Finance Partner

Treasury Manager

Relationship Manager

Risk Manager

Compliance Officer

Banking lawyer

Partnership Secretary

Financial Controller

Credit 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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