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1. Parties: Identification of the Shareholder (Lender) and the Company (Borrower), including full legal names, registration details, and addresses
2. Background: Context of the loan, relationship between the parties, and purpose of the financing
3. Definitions: Key terms used throughout the agreement, including 'Business Day', 'Default Event', 'Interest Period', etc.
4. Loan Amount and Purpose: Specification of the principal amount, currency, and permitted use of the loan proceeds
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment Terms: Schedule for repayment, prepayment options, and mandatory prepayment events
7. Conditions Precedent: Conditions that must be satisfied before the loan becomes available
8. Representations and Warranties: Standard company representations regarding capacity, authority, and financial condition
9. Covenants: Ongoing obligations of the borrower, including information provision and financial covenants
10. Events of Default: Circumstances that trigger default and acceleration of the loan
11. Subordination: Provisions regarding ranking of the loan, particularly in relation to other creditors
12. Tax Provisions: Treatment of taxes on interest payments and gross-up obligations
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Security: Include if the loan is to be secured by any company assets or guarantees
2. Conversion Rights: Include if the loan can be converted into equity under certain conditions
3. Regulatory Compliance: Include specific sections on KWG compliance if loan amount triggers banking regulation requirements
4. Change of Control: Include if loan is to become immediately repayable upon change in company ownership
5. Information Rights: Include if lender requires specific reporting beyond standard financial statements
6. Costs and Expenses: Include if specific arrangements for transaction costs need to be documented
7. Assignment and Transfer: Include if either party needs right to transfer the loan
8. Participation Rights: Include if shareholder-lender is to receive specific participation rights
1. Repayment Schedule: Detailed amortization table if loan involves multiple repayment dates
2. Form of Drawdown Notice: Standard form for requesting loan disbursement
3. Calculation of Interest: Detailed methodology for interest calculations if complex
4. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
5. Security Documents: If applicable, forms of security agreements or guarantees
6. Corporate Authorizations: Copies of relevant board and shareholder resolutions
7. Subordination Terms: Detailed subordination provisions if complex arrangements with other creditors exist
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Media and Entertainment
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Finance
Treasury
Tax
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Corporate Secretariat
Risk Management
Corporate Development
Investment Relations
Board Secretariat
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Treasury Manager
Company Secretary
Financial Controller
Investment Manager
Corporate Finance Manager
Tax Director
Compliance Officer
Risk Manager
Managing Director
Board Member
Shareholder Relations Manager
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