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Finance Contract for Germany

Finance Contract Template for Germany

A comprehensive financing agreement governed by German law that establishes the terms and conditions for providing financial facilities between a lender and borrower. The document incorporates requirements from the German Civil Code (BGB) and Banking Act (KWG), ensuring compliance with German financial regulations and banking requirements. It details loan amounts, interest rates, repayment terms, security arrangements, representations and warranties, covenants, and events of default, while adhering to German documentation standards and regulatory requirements including GDPR compliance.

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Finance Contract

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What is a Finance Contract?

This Finance Contract template is designed for use in German-jurisdiction financing transactions, providing a comprehensive framework for documenting financial facilities in compliance with German law. The document is typically used when establishing new lending relationships or restructuring existing facilities, incorporating all necessary elements required by German banking regulations and civil law. It includes detailed provisions for facility terms, security arrangements, regulatory compliance, and reporting requirements, while ensuring alignment with German documentation practices and EU regulations such as GDPR. The template is adaptable for various financing structures including term loans, revolving facilities, and syndicated arrangements, while maintaining compliance with the German Civil Code (BGB) and Banking Act (KWG).

What sections should be included in a Finance Contract?

1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses

2. Background: Context of the financing arrangement and purpose of the agreement

3. Definitions: Detailed definitions of terms used throughout the agreement, including financial and technical terms

4. Facility Amount and Purpose: Specification of the financing amount, type of facility, and permitted use of funds

5. Interest and Fees: Details of interest calculation, applicable rates, fees, and payment schedules

6. Drawdown Conditions: Prerequisites and conditions for accessing the facility, including required documentation

7. Repayment Terms: Schedule and methods of repayment, including early repayment provisions

8. Security: Details of any collateral, guarantees, or other security arrangements

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements

11. Events of Default: Circumstances constituting default and consequential rights of the lender

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

13. Data Protection: GDPR compliance provisions and data processing terms

14. Notices: Communication methods and contact details for formal notices

What sections are optional to include in a Finance Contract?

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

2. Hedging Requirements: Included when interest rate or currency hedging is mandatory

3. Tax Provisions: Detailed section needed when cross-border elements exist or specific tax structures are involved

4. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required for the facility

5. Step-In Rights: Included in project finance or specific secured lending scenarios

6. Regulatory Compliance: Additional regulatory requirements for specific types of financing or regulated borrowers

7. Assignment and Transfer: Detailed provisions when transfer of rights is anticipated or restricted

What schedules should be included in a Finance Contract?

1. Facility Terms: Detailed terms of the facility including amounts, interest rates, and payment dates

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

3. Form of Drawdown Request: Template for borrower to request funds under the facility

4. Repayment Schedule: Detailed amortization schedule if applicable

5. Security Documents: List and copies of security documents and collateral arrangements

6. Financial Covenants Calculations: Formulae and methods for calculating financial covenants

7. Form of Compliance Certificate: Template for periodic compliance certification

8. Know Your Customer Requirements: List of required KYC documentation and processes

9. Fee Schedule: Detailed breakdown of all applicable fees and charges

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions



























































Clauses






























Relevant Industries

Banking & Financial Services

Corporate Finance

Investment Banking

Private Equity

Real Estate

Infrastructure

Manufacturing

Energy

Technology

Healthcare

Retail

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit

Documentation

Transaction Management

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Finance Manager

Credit Risk Manager

Relationship Manager

Compliance Officer

Banking Officer

Transaction Manager

Investment Manager

Corporate Banking Director

Legal Director

Risk 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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