Credit Facilities Agreement Template for Germany

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Key Requirements PROMPT example:

Credit Facilities Agreement

"I need a Credit Facilities Agreement for a €50 million secured term loan between Deutsche Bank as lender and a German manufacturing company as borrower, with quarterly repayments starting March 2025 and including standard financial covenants for the manufacturing sector."

Document background
The Credit Facilities Agreement is a fundamental financing document used when a borrower seeks to obtain credit facilities from one or more lenders in Germany. It serves as the primary agreement governing the lending relationship and is structured to comply with German banking regulations, civil law requirements, and financial services legislation. The agreement is typically used for corporate financing, project financing, or general working capital purposes, and can accommodate both single-lender and syndicated facilities. It includes detailed provisions on facility types, drawdown mechanics, interest calculations, repayment terms, security arrangements, and covenants, all tailored to meet German legal requirements and market practices. The document must consider specific German law considerations such as banking license requirements, consumer protection rules (if applicable), and security creation and enforcement mechanisms under German law.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers

2. Background: Context of the agreement and purpose of the facilities

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules

4. The Facilities: Description of each facility type, amounts, and purpose

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Utilisation: Mechanics and procedures for drawing down the facilities

7. Interest: Interest rates, calculation periods, and payment provisions

8. Repayment: Terms and schedule for repayment of the facilities

9. Prepayment and Cancellation: Voluntary and mandatory prepayment events and cancellation rights

10. Representations: Borrower's representations and warranties

11. Information Undertakings: Obligations to provide financial and other information

12. General Undertakings: Positive and negative covenants of the borrower

13. Events of Default: Circumstances constituting default and consequences

14. Changes to Parties: Transfer and assignment provisions

15. Payment Mechanics: Payment times, currencies, and set-off provisions

16. Notices: Communication methods and contact details

17. Calculations and Certificates: Basis of calculations and evidential value of certificates

18. Miscellaneous: Partial invalidity, remedies, amendments, and counterparts

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

Optional Sections

1. Security: Required if the facilities are secured - details of security structure and enforcement

2. Guarantees: Required if there are guarantors - terms of guarantees and guarantor provisions

3. Financial Covenants: Include if specific financial metrics need to be maintained

4. Agent and Security Agent Provisions: Required for syndicated facilities with an agent bank

5. Majority Lenders: Required for syndicated facilities - voting and decision-making mechanics

6. Bank Accounts: Required if specific account structure or cash dominion is needed

7. VAT Provisions: Required if VAT treatment needs specific attention

8. Increased Costs and Tax Gross-Up: Optional protections for lenders against regulatory changes and tax implications

9. Market Disruption: Optional provisions for dealing with market disruption events

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Utilisation Request: Standard form for drawdown requests

3. Form of Transfer Certificate: Standard form for transfers between lenders

4. Repayment Schedule: Detailed amortization schedule if applicable

5. Financial Covenant Calculations: Formulae and definitions for financial covenants

6. Security Documents: List and copies of security documents

7. Existing Security: Details of permitted existing security

8. Form of Compliance Certificate: Template for periodic compliance certification

9. Contact Details: Detailed contact information for all parties

10. Form of Accession Deed: Standard form for new parties joining the agreement

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Corporate Lending

Investment Banking

Real Estate

Manufacturing

Infrastructure

Energy

Technology

Healthcare

Retail

Telecommunications

Transport and Logistics

Construction

Industrial

Agriculture

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Loan Administration

Documentation

Risk Management

Corporate Finance

Operations

Syndications

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Banker

Relationship Manager

Credit Risk Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Financial Controller

Credit Analyst

Loan Officer

Transaction Manager

Director of Corporate Finance

Head of Lending

Risk Manager

Documentation Specialist

Syndications 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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