A Bank Waiver is a critical document in German banking practice, typically used when a borrower requires relief from certain banking obligations or covenants. This document is particularly relevant when companies face temporary financial challenges or need modifications to their existing banking arrangements. The Bank Waiver must comply with German banking regulations (KWG) and civil law requirements (BGB), making it essential to include specific legal declarations and formal requirements. It's commonly used in corporate banking relationships where a borrower may have breached or anticipates breaching certain loan conditions, or where changed circumstances necessitate a modification of original terms. The document should clearly outline the specific obligations being waived, any conditions attached to the waiver, and whether it's temporary or permanent.
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1. Bank Details and Address: Full legal name and address of the issuing bank
2. Recipient Details: Full legal name and address of the recipient of the waiver
3. Reference Information: Relevant loan/facility agreement numbers, dates, and other identifying information
4. Description of Original Obligation: Clear identification of the original obligations or requirements being waived
5. Waiver Declaration: Explicit statement of the waiver, including specific provisions being waived and the extent of the waiver
6. Conditions and Limitations: Any conditions attached to the waiver and its temporal limitations
7. Reservation of Rights: Statement preserving other rights not specifically waived
8. Governing Law Statement: Confirmation of German law as governing law
9. Signature Block: Space for authorized bank signatories
1. Consideration: Include when the waiver is granted in exchange for specific consideration
2. Representations and Warranties: Include when the waiver is conditional upon certain representations being true
3. Consent Requirements: Include when third-party consents are relevant to the waiver
4. Time Limitation: Include when the waiver is temporary or has a specific expiration date
5. Regulatory Notifications: Include when regulatory notifications are required for the waiver
1. Schedule 1 - Details of Waived Obligations: Detailed list of specific obligations, covenants, or requirements being waived
2. Schedule 2 - Related Facilities: List of all related facility agreements affected by the waiver
3. Schedule 3 - Conditions Precedent: List of conditions that must be satisfied before the waiver becomes effective
4. Appendix A - Corporate Authorizations: Copies of relevant corporate authorizations required for the waiver
5. Appendix B - Supporting Documents: Any relevant supporting documentation referenced in the waiver
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