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Loan And Security Agreement for Germany

Loan And Security Agreement Template for Germany

A comprehensive legal document governed by German law that combines lending provisions with security arrangements, structured in accordance with the German Civil Code (BGB) and German Banking Act (KWG). The agreement details the terms of the loan facility, including interest rates, repayment terms, and conditions precedent, while simultaneously establishing security interests over specified assets to secure the borrower's obligations. It incorporates specific German law requirements for security creation, perfection, and enforcement, while addressing both commercial and regulatory compliance aspects under German banking regulations.

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What is a Loan And Security Agreement?

The Loan and Security Agreement is a fundamental financing document used in German banking transactions to establish both the lending relationship and associated security interests in a single integrated agreement. This document is typically employed when providing secured financing to commercial borrowers in Germany, combining the efficiency of a single document approach with compliance with German security and banking regulations. It must adhere to specific requirements under the German Civil Code (BGB), German Banking Act (KWG), and other relevant legislation, particularly regarding the creation and perfection of security interests. The agreement is designed to protect the lender's interests while providing clear terms for the borrower's obligations and the consequences of default, incorporating mandatory German law provisions regarding security enforcement and insolvency scenarios.

What sections should be included in a Loan And Security Agreement?

1. Parties: Identification of the lender, borrower, and any guarantors or security providers

2. Background: Context of the loan arrangement and purpose of the facility

3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation

4. The Facility: Details of the loan amount, purpose, and drawdown conditions

5. Interest: Interest rate, calculation method, payment periods, and default interest

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

7. Security: Description of security interests being granted and basic security provisions

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

9. Covenants: Positive and negative obligations of the borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences thereof

11. Changes to Parties: Provisions regarding assignment and transfer rights

12. Payment Mechanics: Details of payment procedures, currency, and set-off rights

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

14. Miscellaneous: General provisions including amendments, severability, and counterparts

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction provisions

What sections are optional to include in a Loan And Security Agreement?

1. Security Trust Provisions: Required when multiple lenders are involved and security is held by a security trustee

2. Guarantee: Include when third-party guarantees are part of the security package

3. Consumer Protection Provisions: Required when the borrower is a consumer under German law

4. Real Estate Security Provisions: Detailed provisions required when real estate forms part of the security

5. Intercreditor Provisions: Required when multiple creditors are involved with different priorities

6. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border or complex lending structures

7. Currency Provisions: Required for multi-currency facilities or cross-border transactions

8. Data Protection: Detailed GDPR compliance provisions when personal data is processed

What schedules should be included in a Loan And Security Agreement?

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

2. Form of Drawdown Request: Template for borrower to request loan disbursements

3. Repayment Schedule: Detailed amortization schedule if applicable

4. Security Documents: Forms of security documents or list of security agreements

5. Notice Details: Detailed contact information for all parties

6. Form of Transfer Certificate: Template for transferring loan participations

7. Security Assets Schedule: Detailed description of all assets subject to security interests

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

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions






























































Clauses







































Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Technology

Healthcare

Energy

Infrastructure

Retail

Agriculture

Transportation

Construction

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Banking Operations

Corporate Finance

Security Administration

Portfolio Management

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Lawyer

Credit Risk Manager

Loan Officer

Relationship Manager

Security Trustee Officer

Compliance Officer

Transaction Manager

Portfolio Manager

Credit Analyst

Due Diligence Officer

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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