The Promissory Loan Agreement is a crucial document in German financing practice, used when one party (the lender) agrees to provide a loan to another party (the borrower) in exchange for a formal promise of repayment. This document type is particularly common in German commercial lending and is governed by German law, specifically the provisions of the German Civil Code (BGB). It combines traditional loan agreement elements with the formal requirements of a promissory note, making it a preferred instrument for both bilateral and syndicated lending arrangements. The agreement typically includes detailed terms regarding the loan amount, interest calculation methods, repayment schedule, security arrangements (if any), and events of default. It's especially valuable for medium to long-term financing needs and offers advantages in terms of transferability and enforcement under German law.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose of the loan
5. Disbursement: Terms and conditions for the disbursement of the loan amount
6. Interest: Interest rate, calculation method, and payment schedule
7. Repayment: Terms of repayment including schedule, method, and currency
8. Representations and Warranties: Statements of fact and assurances made by the borrower
9. Borrower's Obligations: Ongoing obligations and covenants of the borrower
10. Events of Default: Circumstances constituting default and consequences
11. Notices: Process and requirements for formal communications between parties
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Security: Details of any collateral or security arrangements - include if loan is secured
2. Guarantees: Terms of any third-party guarantees - include if guaranteed
3. Prepayment: Terms for early repayment options - include if early repayment is permitted
4. Assignment and Transfer: Rights to assign or transfer the loan - include for transferable loans
5. Tax Provisions: Allocation of tax obligations - include if tax implications are significant
6. Consumer Protection Clauses: Additional protections required by German law - include if borrower is a consumer
7. Banking Regulations Compliance: Additional regulatory requirements - include if lender is a financial institution
8. Force Majeure: Provisions for unforeseen circumstances - include if requested by parties
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Detailed description of any collateral or security arrangements
3. Disbursement Conditions: List of conditions precedent to loan disbursement
4. Form of Promissory Note: Template of the promissory note to be issued
5. KYC Documentation: Required identity verification documents as per German law
6. Banking Details: Account information for disbursement and repayment
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Real Estate
Manufacturing
Construction
Technology
Healthcare
Retail
Professional Services
Energy
Agriculture
Transportation
Education
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Commercial
Business Development
Operations
Corporate Finance
Banking Relations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Manager
Risk Manager
Commercial Director
Business Development Manager
Contract Manager
Compliance Officer
Banking Relationship Manager
Financial Controller
Investment Manager
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