Arbitration Loan Agreement Template for Germany

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Key Requirements PROMPT example:

Arbitration Loan Agreement

Need to draft an Arbitration Loan Agreement under German law for a €5 million corporate loan between a Frankfurt-based lender and a French manufacturing company, with ICC arbitration in Munich and drawdown scheduled for March 2025.

Document background
The Arbitration Loan Agreement is designed for financing transactions where parties prefer arbitration over court litigation for dispute resolution, particularly useful in cross-border scenarios. This document type combines German lending practices with international arbitration standards, making it especially valuable for foreign lenders or borrowers engaging in German-governed transactions. It incorporates comprehensive loan provisions compliant with German banking regulations and the Civil Code (BGB), while featuring arbitration clauses that align with both German arbitration law (ZPO) and international arbitration conventions. The agreement is particularly relevant when parties seek confidentiality in dispute resolution, require specialist adjudication, or want to ensure easier cross-border enforcement of decisions.
Suggested Sections

1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including German legal terms

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

5. Interest: Interest rate provisions, calculation methods, and payment terms

6. Repayment and Prepayment: Loan repayment schedule, prepayment terms, and related conditions

7. Representations and Warranties: Borrower's representations and warranties under German law

8. Information Undertakings: Borrower's obligations to provide financial and other information

9. General Undertakings: Borrower's general covenants and obligations

10. Events of Default: Circumstances constituting default and consequences

11. Arbitration: Detailed arbitration provisions including seat, rules, number of arbitrators, and language

12. Governing Law: German law as governing law and related jurisdictional provisions

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

14. Execution: Signature blocks and execution requirements under German law

Optional Sections

1. Security: Include when the loan is secured by collateral or guarantees

2. Agent Provisions: Required for syndicated loans with multiple lenders

3. Account Bank Provisions: Include when specific bank account arrangements are required

4. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border transactions

5. Increased Costs: Protection for lenders against regulatory changes, important for longer-term loans

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

7. Assignment and Transfer: Include detailed transfer provisions for transferable facilities

8. Parallel Debt: Required when security trustee structure is used under German law

Suggested Schedules

1. Schedule 1 - Form of Drawdown Request: Standard form for requesting loan disbursements

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

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable

4. Schedule 4 - Form of Transfer Certificate: Standard form for loan transfers if transferability is included

5. Schedule 5 - Form of Compliance Certificate: Template for periodic compliance reporting

6. Appendix A - Calculation of Interest Rate: Detailed interest calculation methodology

7. Appendix B - Security Documentation: Forms and details of any security arrangements

8. Appendix C - Arbitration Rules Reference: Specific arbitration rules and procedures to be followed

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Manufacturing

Real Estate and Construction

Energy and Utilities

Infrastructure

Technology and Telecommunications

Healthcare

Transportation and Logistics

Industrial Production

Commercial Real Estate

Renewable Energy

Mining and Natural Resources

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit

Investment

Operations

Transaction Management

Banking

International Business

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Finance Director

Chief Financial Officer

Treasury Manager

Corporate Lawyer

Banking Lawyer

Senior Legal Counsel

Finance Manager

Risk Manager

Compliance Officer

Corporate Secretary

Investment Manager

Credit Officer

Transaction Manager

Legal Operations 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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