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Creditor Agreement Template for Germany

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Key Requirements PROMPT example:

Creditor Agreement

"I need a German law Creditor Agreement for a €5 million secured loan to a manufacturing company, with quarterly interest payments and a maturity date of March 15, 2025, including specific covenants for maintaining financial ratios."

Document background
The Creditor Agreement serves as a fundamental legal instrument in German financing transactions, providing a comprehensive framework for lending relationships. This document is essential when establishing formal credit arrangements between parties, whether in corporate financing, real estate transactions, or other commercial lending scenarios. The agreement must comply with German legal requirements, particularly the German Civil Code (BGB), the German Insolvency Code (InsO), and relevant banking regulations. It typically includes detailed provisions on credit terms, security interests, enforcement rights, and remedies available under German law. The Creditor Agreement is particularly important in structured finance transactions and situations requiring clear documentation of debt obligations and creditor rights.
Suggested Sections

1. 1. Parties: Identification of the creditor(s) and debtor(s), including full legal names, registration details, and addresses

2. 2. Background: Context of the debt arrangement, including purpose of the loan or credit facility

3. 3. Definitions: Key terms used throughout the agreement, including financial and legal terminology

4. 4. Principal Amount and Interest: Specification of the credit amount, interest rate, calculation method, and payment terms

5. 5. Repayment Terms: Schedule and method of repayment, including installment amounts and dates

6. 6. Security: Details of any collateral or guarantees securing the debt

7. 7. Representations and Warranties: Statements of fact and assurances from the debtor regarding their financial condition and ability to repay

8. 8. Events of Default: Circumstances that constitute default and trigger remedial actions

9. 9. Remedies: Rights and actions available to the creditor in case of default

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

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

Optional Sections

1. Subordination Provisions: Required when the debt needs to be ranked in relation to other creditors

2. Assignment and Transfer: Include when the creditor wants the right to transfer or assign the debt to third parties

3. Financial Covenants: Include for business debtors to maintain specific financial ratios or conditions

4. Information Rights: Include when regular financial reporting from the debtor is required

5. Tax Provisions: Include when tax implications need specific handling or allocation

6. Joint and Several Liability: Required when there are multiple debtors

7. Currency Provisions: Include for cross-border transactions or when multiple currencies are involved

Suggested Schedules

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

2. Schedule 2 - Security Details: Detailed description of collateral or security arrangements

3. Schedule 3 - Conditions Precedent: List of documents and conditions required before drawdown

4. Appendix A - Form of Drawdown Notice: Template for requesting disbursement of funds

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses























Relevant Industries

Banking & Financial Services

Corporate Lending

Private Equity

Real Estate

Manufacturing

Retail

Technology

Infrastructure

Energy

Healthcare

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Investment

Operations

Risk Management

Loan Administration

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Credit Risk Manager

Loan Officer

Relationship Manager

Compliance Officer

Financial Controller

Investment 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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