Limited Recourse Loan Agreement for Germany

Limited Recourse Loan Agreement Template for Germany

A Limited Recourse Loan Agreement under German law (governed by the Bürgerliches Gesetzbuch and related banking regulations) is a specialized financing document where the lender's recourse is limited to specific assets or cash flows of the borrower, rather than having full recourse to all the borrower's assets. The agreement details the loan terms, conditions, and most importantly, precisely defines and limits the assets against which the lender can seek recovery in case of default. This document structure is particularly common in project finance and asset-based lending scenarios in the German market, incorporating specific German law requirements and banking regulations.

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What is a Limited Recourse Loan Agreement?

The Limited Recourse Loan Agreement is a sophisticated financing instrument used when lenders agree to limit their recovery rights to specific assets or cash flows rather than having full recourse to the borrower's entire asset base. This type of agreement is particularly common in project finance, where lenders look primarily to the project's assets and revenue streams for repayment. Under German law, these agreements must comply with the Bürgerliches Gesetzbuch (German Civil Code) and the Kreditwesengesetz (German Banking Act), while incorporating specific provisions for limited recourse structures. The document typically includes detailed provisions on the recourse assets, their management, cash flow mechanisms, and enforcement procedures, making it essential for project financing, asset-based lending, and structured finance transactions in the German market.

What sections should be included in a Limited Recourse Loan Agreement?

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

2. Background: Context of the loan arrangement and brief description of the limited recourse nature

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including German law-specific terminology

4. The Facility: Details of the loan amount, purpose, and availability period

5. Limited Recourse Provisions: Core provisions limiting the lender's recourse to specific assets or cash flows

6. Drawdown Conditions: Conditions precedent and drawdown mechanics

7. Interest: Interest rate, calculation methods, and payment dates

8. Repayment and Prepayment: Repayment schedule, prepayment terms, and application of payments

9. Recourse Assets: Detailed description of the assets against which recourse is available

10. Representations and Warranties: Standard and specific representations regarding the recourse assets

11. Covenants: Borrower's obligations regarding the maintenance and handling of recourse assets

12. Events of Default: Default triggers and consequences, limited to the recourse assets

13. Enforcement: Procedures for enforcing against the recourse assets

14. Miscellaneous: Standard boilerplate provisions adapted for German law

15. Governing Law and Jurisdiction: German law as governing law and jurisdiction provisions

What sections are optional to include in a Limited Recourse Loan Agreement?

1. Security: Required if specific security is being created over the recourse assets

2. Account Bank Provisions: Required if specific accounts are established for receiving and managing recourse cash flows

3. Intercreditor Provisions: Required if multiple lenders or creditors are involved

4. Tax Gross-Up and Indemnities: Required if specific tax arrangements are necessary

5. Agency Provisions: Required in case of multiple lenders with an appointed facility agent

6. Currency Provisions: Required if loan or recourse assets involve multiple currencies

7. Transferability: Detailed transfer provisions if the loan is intended to be transferable

What schedules should be included in a Limited Recourse Loan Agreement?

1. Recourse Assets Schedule: Detailed description and/or list of assets against which recourse is available

2. Conditions Precedent: List of required documents and conditions for initial and subsequent drawdowns

3. Form of Drawdown Request: Standard form for requesting loan disbursements

4. Repayment Schedule: Detailed amortization schedule if applicable

5. Form of Compliance Certificate: Template for periodic confirmation of compliance with agreement terms

6. Security Documents: Forms of any required security documentation

7. Account Details: Specification of bank accounts for payments and recourse cash flows

8. Financial Covenants: Detailed calculations and requirements for any financial covenants

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

Infrastructure

Real Estate

Renewable Energy

Project Finance

Asset Finance

Construction

Manufacturing

Transportation

Mining and Natural Resources

Private Equity

Commercial Property

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Finance

Project Finance

Structured Finance

Asset Management

Investment

Operations

Relevant Roles

Finance Director

Legal Counsel

Project Finance Manager

Credit Risk Manager

Structured Finance Officer

Treasury Manager

Chief Financial Officer

Banking Lawyer

Investment Manager

Risk Officer

Project Manager

Corporate Finance Manager

Compliance Officer

Asset 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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