Revolving Line Of Credit Promissory Note for Germany

Revolving Line Of Credit Promissory Note Template for Germany

This document establishes a revolving credit facility under German law, structured as a promissory note (Schuldschein), providing the borrower with flexible access to credit up to a predetermined limit. The agreement complies with German banking regulations (KWG) and civil code requirements (BGB), incorporating mandatory provisions for credit documentation, security arrangements, and if applicable, consumer protection measures. It details the terms of drawdown, repayment, interest calculation, and the revolving nature of the facility, allowing borrowers to draw and repay funds multiple times during the facility period, subject to the overall credit limit.

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What is a Revolving Line Of Credit Promissory Note?

The Revolving Line of Credit Promissory Note is a fundamental financing instrument in German banking practice, commonly used to provide businesses and eligible borrowers with flexible access to working capital. This document type combines the formal requirements of a promissory note (Schuldschein) with the flexibility of a revolving credit facility, allowing borrowers to draw down and repay funds multiple times within an agreed limit. It is particularly suitable for businesses requiring ongoing access to financing for operational needs, seasonal requirements, or growth opportunities. The document must comply with German banking regulations and civil law requirements, including specific documentation standards under the German Banking Act (KWG) and Civil Code (BGB). The structure incorporates necessary provisions for security, drawdown mechanisms, interest calculations, and regulatory compliance, while maintaining the flexibility characteristic of revolving credit facilities.

What sections should be included in a Revolving Line Of Credit Promissory Note?

1. Parties: Identification of the lender (credit institution) and borrower, including full legal names, addresses, and registration details

2. Background: Brief context of the credit facility and the purpose of the promissory note

3. Definitions: Key terms used throughout the document, including financial definitions and technical banking terms

4. Credit Facility: Details of the revolving credit facility, including the maximum credit limit and availability period

5. Interest Rate: Specification of the applicable interest rate, calculation method, and payment periods

6. Drawdown Provisions: Procedures and conditions for requesting and receiving advances under the facility

7. Repayment Terms: Terms for repayment of advances, including minimum payments and revolving nature of the facility

8. Security: Description of any security or collateral provided for the credit facility

9. Representations and Warranties: Standard declarations by the borrower regarding their legal and financial status

10. Events of Default: Circumstances that constitute default and the lender's rights upon default

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

What sections are optional to include in a Revolving Line Of Credit Promissory Note?

1. Guarantees: Required when there is a third-party guarantor for the credit facility

2. Financial Covenants: Include for corporate borrowers when specific financial metrics need to be maintained

3. Consumer Protection Provisions: Required when the borrower is a consumer, incorporating mandatory consumer credit protections

4. Currency Provisions: Include when the facility may be drawn in multiple currencies

5. Assignment and Transfer: Include when the lender wants the right to transfer or assign the promissory note

6. Tax Provisions: Include detailed tax provisions when tax implications are significant or complex

7. SEPA Direct Debit Authorization: Include when automatic payment collection via SEPA is arranged

What schedules should be included in a Revolving Line Of Credit Promissory Note?

1. Schedule 1 - Drawdown Notice Form: Standard form for requesting advances under the facility

2. Schedule 2 - Interest Rate Calculation Method: Detailed methodology for calculating applicable interest rates

3. Schedule 3 - Repayment Schedule: If applicable, schedule of minimum repayment amounts and dates

4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees and charges

5. Appendix A - Security Documentation: Copies or details of security documents if applicable

6. Appendix B - Compliance Certificate: Template for periodic compliance certification if financial covenants are included

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking and Financial Services

Corporate Banking

Commercial Lending

Manufacturing

Retail

Real Estate

Construction

Technology

Healthcare

Logistics and Transportation

Energy

Agriculture

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit Administration

Operations

Commercial Banking

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Banking Manager

Credit Risk Manager

Legal Counsel

Compliance Officer

Banking Relationship Manager

Corporate Finance Manager

Financial Controller

Credit Analyst

Banking Operations Manager

Commercial 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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