Financial Assistance Agreement for Germany

Financial Assistance Agreement Template for Germany

A Financial Assistance Agreement governed by German law is a comprehensive legal document that establishes the terms and conditions under which financial support is provided from one party to another. The agreement complies with German civil law requirements, particularly the German Civil Code (BGB) and Banking Act (KWG), and incorporates necessary provisions for interest calculation, security arrangements, and regulatory compliance. It details the facility amount, disbursement conditions, repayment terms, covenants, and events of default, while ensuring compliance with German banking regulations and EU financial services directives.

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What is a Financial Assistance Agreement?

The Financial Assistance Agreement is a crucial document used when one party provides financial support to another under German law. It is commonly used in corporate financing, project development, and business expansion scenarios where structured financial assistance is required. The agreement must comply with German banking regulations, civil law requirements, and EU financial services directives. It typically includes detailed provisions on facility amount, interest calculations, disbursement conditions, repayment terms, security arrangements (if applicable), and regulatory compliance requirements. The document is particularly important in the German market where formal documentation requirements are strictly enforced and specific regulatory considerations must be addressed in financial transactions.

What sections should be included in a Financial Assistance Agreement?

1. Parties: Identification of the parties to the agreement, including their legal status and registered addresses

2. Background: Context of the financial assistance arrangement and the parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Facility Amount and Purpose: Specification of the financial assistance amount and its intended use

5. Conditions Precedent: Prerequisites that must be satisfied before the facility becomes available

6. Disbursement Mechanism: Process and requirements for drawing down the financial assistance

7. Interest and Fees: Interest rate calculations, payment dates, and applicable fees

8. Repayment Terms: Schedule and mechanisms for repayment of the financial assistance

9. Representations and Warranties: Statements of fact and assurances given by the parties

10. Covenants: Ongoing obligations of the parties during the term of the agreement

11. Events of Default: Circumstances that constitute default and their consequences

12. Taxation: Treatment of taxes and withholding requirements

13. Changes to Parties: Rules regarding assignment and transfer of rights and obligations

14. Notices: Communication requirements and contact details

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

16. Execution: Signature blocks and execution requirements

What sections are optional to include in a Financial Assistance Agreement?

1. Security: Required if the financial assistance is secured by collateral or guarantees

2. Insurance: Required if specific insurance coverage is mandatory for the facility

3. Information Undertakings: Detailed reporting requirements, typically included for corporate borrowers

4. Financial Covenants: Required for corporate borrowers or larger facilities with financial performance requirements

5. Regulatory Compliance: Additional compliance requirements for regulated entities or specific sectors

6. Force Majeure: Provisions for unforeseen circumstances affecting performance

7. Syndication Provisions: Required if the facility may be syndicated to multiple lenders

8. Consumer Protection Clauses: Required if the borrower qualifies as a consumer under German law

What schedules should be included in a Financial Assistance Agreement?

1. Schedule 1 - Conditions Precedent Documents: List of required documents and conditions to be satisfied

2. Schedule 2 - Form of Disbursement Request: Template for requesting drawdowns under the facility

3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Schedule 4 - Interest Calculation Methods: Detailed formulae and examples of interest calculations

5. Schedule 5 - Fee Schedule: Detailed breakdown of all applicable fees

6. Schedule 6 - Form of Compliance Certificate: Template for periodic compliance reporting

7. Appendix A - Security Documents: Forms of security documentation (if applicable)

8. Appendix B - Notice Details: Detailed contact information for all parties

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Corporate Finance

Manufacturing

Real Estate

Infrastructure

Technology

Healthcare

Retail

Energy

Transportation

Agriculture

Construction

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Development

Credit

Operations

Business Development

Investment

Project Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Corporate Finance Manager

Banking Relationship Manager

Investment Manager

Project Finance Manager

Finance Operations Manager

Legal Director

Managing Director

Business Development 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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