Credit Line Against Bank Guarantee Template for Germany

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Key Requirements PROMPT example:

Credit Line Against Bank Guarantee

"Need to draft a Credit Line Against Bank Guarantee agreement for a €5 million facility between Deutsche Bank AG as lender and Schmidt Manufacturing GmbH as borrower, with Commerzbank AG as guarantor bank, including special provisions for multiple currency drawings."

Document background
The Credit Line Against Bank Guarantee agreement is a fundamental financing instrument in German commercial banking, typically used when a company requires access to revolving credit while offering a bank guarantee as security. This document type is particularly relevant for businesses seeking working capital financing or project-specific funding without pledging physical assets as collateral. The agreement, governed by German law, establishes a three-party relationship between the lending bank, the borrower, and the guarantor bank, detailing the credit facility terms, guarantee requirements, and obligations of all parties. It's commonly used in international trade, infrastructure projects, and general corporate financing where the borrower's primary bank relationship may be with a different institution than the credit provider. The document incorporates requirements from German banking regulations, including the KWG (German Banking Act), while ensuring alignment with EU banking directives and regulations.
Suggested Sections

1. Parties: Identification of the lender (bank), borrower, and guarantor bank

2. Background: Context of the agreement, relationship between parties, and purpose of the credit facility

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Facility: Details of the credit line including amount, purpose, and availability period

5. Bank Guarantee Requirements: Specifications for the bank guarantee, including form, content, and issuing bank requirements

6. Utilization: Procedures and conditions for drawing down the credit line

7. Interest and Fees: Interest calculation, payment terms, and applicable fees

8. Repayment and Prepayment: Terms for repayment of drawn amounts and voluntary prepayment provisions

9. Representations and Warranties: Standard representations and warranties from the borrower

10. Covenants: Positive and negative undertakings of the borrower

11. Events of Default: Circumstances constituting default and consequences

12. Changes to Parties: Rules for assignment and transfer of rights and obligations

13. Notices: Communication procedures between parties

14. Miscellaneous: Standard boilerplate provisions

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Security Documents: Additional security arrangements beyond the bank guarantee - include if additional collateral is required

2. Accordion Feature: Provisions for increasing the facility amount - include if facility may be expanded

3. Multiple Guarantors: Provisions for multiple bank guarantees - include if more than one guarantor bank is involved

4. Currency Provisions: Include if facility can be drawn in multiple currencies

5. Tax Gross-Up and Indemnities: Detailed tax provisions - include if cross-border elements exist

6. Break Costs: Include if fixed interest rate periods are allowed

7. Market Disruption: Include if floating rate is used and market disruption provisions are needed

Suggested Schedules

1. Form of Bank Guarantee: Template and required content for the bank guarantee

2. Conditions Precedent: List of documents and conditions required before first utilization

3. Utilization Request Form: Standard form for requesting drawdown under the facility

4. Compliance Certificate: Template for periodic compliance certification

5. Fee Schedule: Detailed breakdown of all applicable fees

6. Guarantee Release Process: Procedures and requirements for releasing the bank guarantee

7. Know Your Customer Requirements: List of required KYC documentation

8. Calculation of Interest and Fees: Detailed methodology for calculating interest and fees

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

Manufacturing

Construction

International Trade

Infrastructure Development

Energy

Real Estate

Technology

Telecommunications

Transportation and Logistics

Retail

Healthcare

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit Administration

Trade Finance

Operations

Documentation

Corporate Finance

Banking Relations

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Corporate Banking Officer

Credit Risk Manager

Legal Counsel

Compliance Officer

Relationship Manager

Trade Finance Manager

Financial Controller

Corporate Finance Manager

Credit Analysis Manager

Banking Operations Manager

Senior Loan Officer

Director of Finance

Head of Corporate Banking

Risk Management Director

Treasury Operations 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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