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1. Parties: Identification of the lender and borrower with full legal names, addresses, and registration details if companies
2. Background: Recitals describing the original loan agreement(s), current outstanding amount, and parties' intention to settle
3. Definitions: Definitions of key terms used throughout the agreement
4. Settlement Amount: Clear statement of the agreed settlement sum and how it relates to the original debt
5. Payment Terms: Details of how and when the settlement amount will be paid, including payment method and bank details
6. Release and Discharge: Provisions confirming full and final settlement of the debt upon payment
7. Representations and Warranties: Basic declarations by both parties regarding their capacity and authority to enter into the agreement
8. Confidentiality: Obligations regarding the confidentiality of the settlement terms
9. Governing Law and Jurisdiction: Confirmation of German law as governing law and jurisdiction for disputes
10. Entire Agreement: Confirmation that this agreement represents the entire understanding between parties
11. Execution: Signature blocks and execution requirements
1. Installment Payment Schedule: Required if the settlement amount is to be paid in installments rather than as a lump sum
2. Security Release: Needed if there are existing securities or collateral to be released
3. Multiple Loan Consolidation: Required if the settlement covers multiple loan agreements
4. Tax Provisions: Needed if there are specific tax implications of the settlement that need to be addressed
5. Third Party Rights: Required if there are guarantors or other third parties involved in the original loan
6. Default Provisions: Needed if installment payments are agreed and consequences of default need to be specified
7. Condition Precedents: Required if settlement is subject to certain conditions being met first
1. Schedule 1 - Original Loan Documentation: Copies or details of the original loan agreement(s) being settled
2. Schedule 2 - Settlement Calculation: Detailed breakdown of the settlement amount including principal, interest, and any discounts
3. Schedule 3 - Payment Schedule: If applicable, detailed schedule of installment payments with dates and amounts
4. Schedule 4 - Security Documents: List and copies of security documents to be released upon settlement
5. Schedule 5 - Form of Release: Template of any formal release documents to be executed upon settlement
6. Appendix A - Bank Account Details: Payment instructions and bank account details for settlement payment
Original Loan Agreement
Settlement Amount
Settlement Date
Outstanding Balance
Original Loan
Business Day
Banking Day
Effective Date
Payment Date
Release Date
Security Documents
Secured Obligations
Security Interest
Existing Securities
Payment Schedule
Default
Event of Default
Interest Rate
Parties
Lender
Borrower
Guarantor
Security Provider
Related Parties
Discharge
Settlement Conditions
Permitted Transfer
Confidential Information
Material Adverse Effect
Original Currency
Settlement Currency
Enforcement Action
Insolvency Event
Representatives
Working Day
Subsidiary
BGB
Charges
Encumbrances
Debt Release
Waiver
Payment Terms
Security Release
Representations and Warranties
Confidentiality
Governing Law
Jurisdiction
Notices
Assignment
Amendment
Severability
Force Majeure
Indemnification
Default
Remedies
Termination
Entire Agreement
Counterparts
Further Assurance
Time of Essence
Third Party Rights
Costs and Expenses
Interest
Set-off
Authority
Capacity
Documentation
Compliance
Tax
Anti-Money Laundering
Dispute Resolution
Execution
Financial Services
Banking
Real Estate
Construction
Manufacturing
Retail
Healthcare
Technology
Professional Services
Agriculture
Energy
Infrastructure
Transportation
Hospitality
Legal
Finance
Treasury
Credit Risk
Debt Recovery
Compliance
Corporate Banking
Loan Operations
Documentation
Risk Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Debt Recovery Manager
Credit Manager
Risk Manager
Banking Relationship Manager
Loan Officer
Collections Manager
Financial Controller
Managing Director
CEO
Restructuring Officer
Compliance Officer
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