The Financial Support Agreement is a crucial document used when one party intends to provide financial assistance to another under German law. It is commonly utilized in various scenarios including corporate group financing, start-up funding, restructuring support, or general business financing. The agreement must comply with German civil law (BGB), banking regulations (KWG), and where applicable, consumer protection laws. This document typically includes detailed provisions on the amount and type of support, disbursement conditions, repayment terms, security arrangements, and ongoing obligations of both parties. It's particularly important in the German business context where financial arrangements require clear documentation and regulatory compliance. The agreement serves as a legally binding framework that protects both the provider and recipient of financial support while ensuring transparency and enforceability under German jurisdiction.
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1. Parties: Identification and details of the financial support provider and recipient
2. Background: Context of the financial support arrangement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Purpose of Financial Support: Detailed description of the intended use of the financial support
5. Amount and Terms of Financial Support: Specification of the support amount, whether it's a loan, grant, or other form of financial assistance
6. Disbursement Conditions: Prerequisites and conditions for releasing the financial support
7. Repayment Terms: If applicable, schedule and methods of repayment
8. Interest and Fees: Any applicable interest rates, processing fees, or other charges
9. Representations and Warranties: Statements of fact and assurances from both parties
10. Covenants: Ongoing obligations of the parties during the term of the agreement
11. Events of Default: Circumstances constituting default and consequences
12. Term and Termination: Duration of the agreement and termination provisions
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Security: Include when the financial support is secured by collateral or guarantees
2. Conditions Subsequent: Include when there are post-disbursement conditions that must be met
3. Regulatory Compliance: Include when specific regulatory requirements apply to either party
4. Tax Provisions: Include when there are specific tax implications that need to be addressed
5. Information Rights: Include when ongoing financial reporting or monitoring is required
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
7. Third Party Rights: Include when third parties have specific rights under the agreement
8. Force Majeure: Include when specific circumstances beyond party control need to be addressed
1. Disbursement Schedule: Detailed timeline and conditions for staged disbursements
2. Repayment Schedule: Detailed breakdown of repayment dates and amounts
3. Form of Drawdown Notice: Template for requesting disbursements
4. Security Details: Detailed description of any collateral or security arrangements
5. Required Documents: List of documents required for disbursement or ongoing compliance
6. Compliance Certificates: Templates for periodic compliance certification
7. Fee Schedule: Detailed breakdown of all applicable fees and charges
8. Reporting Requirements: Templates and schedules for required financial reporting
Relevant legal definitions
Agreement
Advance
Applicable Law
Banking Day
Business Day
Commitment
Confidential Information
Default
Default Interest
Disbursement
Disbursement Date
Disbursement Notice
Drawdown
Effective Date
Event of Default
Facility
Finance Documents
Financial Indebtedness
Financial Support
Financial Year
Force Majeure Event
Governmental Authority
Interest Period
Interest Rate
Material Adverse Effect
Maturity Date
Outstanding Amount
Party/Parties
Payment Date
Permitted Purpose
Provider
Recipient
Reference Rate
Relevant Jurisdiction
Repayment Date
Repayment Schedule
Security
Security Documents
Support Amount
Support Period
Tax
Term
Termination Date
Transaction Documents
Advance
Applicable Law
Banking Day
Business Day
Commitment
Confidential Information
Default
Default Interest
Disbursement
Disbursement Date
Disbursement Notice
Drawdown
Effective Date
Event of Default
Facility
Finance Documents
Financial Indebtedness
Financial Support
Financial Year
Force Majeure Event
Governmental Authority
Interest Period
Interest Rate
Material Adverse Effect
Maturity Date
Outstanding Amount
Party/Parties
Payment Date
Permitted Purpose
Provider
Recipient
Reference Rate
Relevant Jurisdiction
Repayment Date
Repayment Schedule
Security
Security Documents
Support Amount
Support Period
Tax
Term
Termination Date
Transaction Documents
Clauses
Parties and Definitions
Purpose
Financial Support Amount
Disbursement
Conditions Precedent
Repayment
Interest
Fees and Costs
Security
Representations and Warranties
Covenants
Information Rights
Monitoring Rights
Events of Default
Acceleration
Set-off
Assignment
Confidentiality
Data Protection
Anti-Money Laundering
Regulatory Compliance
Force Majeure
Term and Termination
Amendments
Severability
Notices
Entire Agreement
Waiver
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Purpose
Financial Support Amount
Disbursement
Conditions Precedent
Repayment
Interest
Fees and Costs
Security
Representations and Warranties
Covenants
Information Rights
Monitoring Rights
Events of Default
Acceleration
Set-off
Assignment
Confidentiality
Data Protection
Anti-Money Laundering
Regulatory Compliance
Force Majeure
Term and Termination
Amendments
Severability
Notices
Entire Agreement
Waiver
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Relevant Industries
Banking and Financial Services
Technology and Software
Manufacturing
Real Estate and Construction
Healthcare
Education
Energy and Utilities
Transportation and Logistics
Retail and Consumer Goods
Professional Services
Non-Profit
Agriculture
Media and Entertainment
Infrastructure
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Development
Credit
Investment
Operations
Executive Leadership
Banking Relations
Corporate Finance
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Financial Controller
Investment Manager
Business Development Director
Managing Director
CEO
Credit Risk Officer
Banking Relationship Manager
Corporate Finance Manager
Financial Analyst
Restructuring Officer
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