The Assumption Of Loan Agreement Form is a crucial document in German financial and corporate transactions where one party seeks to take over the loan obligations of another. This document is particularly relevant when businesses undergo restructuring, in M&A transactions, or during property transfers where existing financing needs to be maintained. Under German law (specifically the BGB), such assumptions require explicit lender consent and formal documentation. The agreement must comply with German banking regulations and financial services requirements, particularly regarding debt transfer (Schuldübernahme) provisions. The document typically includes comprehensive details about the original loan, the assuming party's credentials, any security arrangements, and specific conditions for the transfer. It's commonly used in commercial real estate transactions, corporate refinancing, and business succession planning, where maintaining existing financing arrangements is preferable to establishing new loan agreements.
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1. Parties: Identification of the Original Borrower, Assuming Party, and Lender(s)
2. Background: Details of the original loan agreement and context for the assumption
3. Definitions: Definitions of key terms used throughout the agreement
4. Assumption of Obligations: Core provision detailing the transfer of loan obligations from original borrower to assuming party
5. Consideration: Details of any payment or consideration for the assumption
6. Representations and Warranties: Standard representations from all parties regarding capacity and authority
7. Continuing Obligations: Specification of ongoing responsibilities and obligations under the assumed loan
8. Lender Consent: Formal documentation of the lender's approval of the assumption
9. Notices: Communication procedures and contact details for all parties
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Security Transfer: Required when existing security interests are being transferred to support the assumed loan
2. Original Borrower Release: Used when the original borrower is to be fully released from all obligations
3. Co-Borrower Provisions: Needed when there are multiple borrowers or guarantors involved
4. Special Conditions: For any unique terms or conditions specific to the assumption
5. Insurance Requirements: When specific insurance obligations are being transferred or newly imposed
6. Data Protection: Detailed GDPR compliance provisions when significant personal data is involved
1. Original Loan Agreement: Copy or summary of the original loan agreement being assumed
2. Payment Schedule: Updated amortization schedule showing remaining payments and terms
3. Security Documents: List and copies of any security documents being transferred
4. Consent Documents: Any required third-party consents or authorizations
5. Due Diligence Documents: Key financial information or other due diligence materials relied upon
6. Contact Details: Comprehensive contact information for all parties and their representatives
Relevant legal definitions
Assuming Party
Original Borrower
Lender
Original Loan Agreement
Assumption Date
Assumed Obligations
Assumption Amount
Security Documents
Security Interest
Effective Date
Business Day
Banking Day
Schuldübernahme
Existing Securities
Loan Balance
Interest Rate
Payment Date
Default Event
Material Adverse Change
Permitted Transfer
Related Documents
Security Agent
Guarantor
Outstanding Amount
Repayment Schedule
Consent Documents
Representations
Warranties
Transfer Certificate
Applicable Law
Regulatory Authority
Notice Period
Security Release Documents
Completion Date
Transfer Documents
Assumption Fee
Registration Requirements
Permitted Purpose
Related Party
Original Borrower
Lender
Original Loan Agreement
Assumption Date
Assumed Obligations
Assumption Amount
Security Documents
Security Interest
Effective Date
Business Day
Banking Day
Schuldübernahme
Existing Securities
Loan Balance
Interest Rate
Payment Date
Default Event
Material Adverse Change
Permitted Transfer
Related Documents
Security Agent
Guarantor
Outstanding Amount
Repayment Schedule
Consent Documents
Representations
Warranties
Transfer Certificate
Applicable Law
Regulatory Authority
Notice Period
Security Release Documents
Completion Date
Transfer Documents
Assumption Fee
Registration Requirements
Permitted Purpose
Related Party
Clauses
Assumption of Obligations
Transfer of Rights
Consideration
Consent
Representations and Warranties
Security Interest
Payment Terms
Default and Remedies
Indemnification
Notices
Assignment
Amendment
Severability
Force Majeure
Governing Law
Jurisdiction
Confidentiality
Data Protection
Entire Agreement
Further Assurance
Costs and Expenses
Registration Requirements
Regulatory Compliance
Release of Original Borrower
Security Transfer
Insurance
Financial Covenants
Information Rights
Anti-Money Laundering
Survival
Transfer of Rights
Consideration
Consent
Representations and Warranties
Security Interest
Payment Terms
Default and Remedies
Indemnification
Notices
Assignment
Amendment
Severability
Force Majeure
Governing Law
Jurisdiction
Confidentiality
Data Protection
Entire Agreement
Further Assurance
Costs and Expenses
Registration Requirements
Regulatory Compliance
Release of Original Borrower
Security Transfer
Insurance
Financial Covenants
Information Rights
Anti-Money Laundering
Survival
Relevant Industries
Banking & Financial Services
Real Estate
Corporate Finance
Manufacturing
Retail
Construction
Healthcare
Technology
Infrastructure
Energy
Commercial Property
Private Equity
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Development
Real Estate
Credit Administration
Transaction Management
Banking Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Manager
Credit Risk Manager
Treasury Manager
Financial Controller
Compliance Officer
Real Estate Manager
Corporate Finance Manager
Transaction Manager
Debt Finance Manager
Legal Director
Risk Assessment Officer
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