Loan With Collateral Agreement for Germany

Loan With Collateral Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions of a loan facility secured by specific collateral assets. The document details the loan amount, interest calculations, repayment schedule, and extensive provisions regarding the collateral security. It includes specific requirements under German Civil Code (BGB) for both the loan and security aspects, ensuring compliance with German banking regulations and security interest laws. The agreement encompasses representations, warranties, covenants, and enforcement mechanisms, with particular attention to German law requirements for creating and perfecting security interests.

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What is a Loan With Collateral Agreement?

The Loan With Collateral Agreement is essential for transactions where a lender provides financing secured by specific assets under German law. This document is commonly used in commercial lending, asset financing, and property development, where the borrower pledges valuable assets as security for the loan. The agreement must comply with German Civil Code requirements for both loan agreements and security interests, including specific formalities for creating and registering security rights. It contains detailed provisions for loan terms, collateral maintenance, enforcement rights, and default remedies. The document is particularly important in the German market where secured lending forms a significant part of commercial financing activities and requires strict adherence to local security interest laws and banking regulations.

What sections should be included in a Loan With Collateral Agreement?

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan agreement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose

5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment periods

6. Repayment Terms: Schedule and methods of repayment, including installment amounts and dates

7. Collateral: Description of assets provided as collateral and terms of security interest

8. Representations and Warranties: Statements of fact and assurances from the borrower regarding their status and the collateral

9. Covenants: Ongoing obligations of the borrower regarding financial maintenance and collateral protection

10. Events of Default: Circumstances constituting default and consequences thereof

11. Enforcement Rights: Lender's rights and procedures for enforcing security interests in case of default

12. Notices: Communication requirements and contact details for formal notices

13. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

What sections are optional to include in a Loan With Collateral Agreement?

1. Consumer Protection Provisions: Required when the borrower is a consumer, including mandatory information and withdrawal rights under German law

2. Insurance Requirements: Details of required insurance coverage for collateral, if applicable

3. Cross-Default Provisions: Links to other financial obligations, used when the borrower has multiple loans

4. Guarantor Provisions: Terms applicable when a third party provides additional guarantee for the loan

5. Subordination Provisions: Required when there are multiple creditors and priority needs to be established

6. Assignment and Transfer: Terms for transferring loan rights or obligations, if permitted

7. Tax Provisions: Special tax considerations and responsibilities, if relevant

What schedules should be included in a Loan With Collateral Agreement?

1. Schedule 1 - Repayment Schedule: Detailed amortization table showing payment dates, amounts, and interest calculations

2. Schedule 2 - Collateral Description: Detailed description and documentation of collateral assets, including registration numbers and locations

3. Schedule 3 - Condition Precedent Documents: List of documents required before loan disbursement

4. Schedule 4 - Form of Draw Down Notice: Template for requesting loan disbursement, if multiple draws are permitted

5. Appendix A - Valuation Report: Independent valuation of collateral assets

6. Appendix B - Insurance Certificates: Copies of required insurance policies for collateral

7. Appendix C - Security Registration Forms: Forms for registering security interests in public registers

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
Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Agriculture

Automotive

Construction

Retail

Technology

Energy

Healthcare

Transportation & Logistics

Industrial Equipment

Relevant Teams

Legal

Finance

Credit Risk

Corporate Banking

Compliance

Treasury

Collateral Management

Loan Administration

Security Operations

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Credit Manager

Risk Manager

Loan Officer

Collateral Manager

Treasury Manager

Corporate Banking Manager

Compliance Officer

Security Registration Officer

Credit Risk Analyst

Asset Manager

Portfolio 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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