All Countries
Corporate Governance
Loan Memorandum

Loan Memorandum Template for Germany

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Loan Memorandum

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Loan Memorandum

"I need a Loan Memorandum under German law for a €5 million secured facility to a manufacturing company, with quarterly repayments over 5 years starting March 2025, including specific covenants for environmental compliance and machinery maintenance."

Celebrated by
Collaborations with
Investors
Document background
The Loan Memorandum is a crucial document in German banking and finance practice, used to formalize and document loan arrangements between lenders and borrowers. It serves as the primary instrument for documenting the terms and conditions of the loan, ensuring compliance with German banking regulations, including the Kreditwesengesetz (KWG) and Bürgerliches Gesetzbuch (BGB). The memorandum is particularly important in commercial lending operations, where it provides a comprehensive framework for the loan relationship, including detailed provisions on loan utilization, repayment terms, security arrangements, and the parties' respective rights and obligations. This document type is essential for both bilateral and syndicated lending arrangements, incorporating necessary provisions to ensure enforceability under German law while meeting international banking standards.
Suggested Sections

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

2. Background: Context of the loan arrangement, purpose of the facility, and any relevant historical information

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

4. Facility Details: Core terms of the loan including amount, currency, purpose, and availability period

5. Interest: Interest rate provisions, calculation methods, payment periods, and default interest

6. Repayment Terms: Repayment schedule, prepayment provisions, and mandatory prepayment events

7. Conditions Precedent: Conditions that must be satisfied before the loan becomes available

8. Representations and Warranties: Statements of fact and assurances given by the borrower

9. Covenants: Positive and negative obligations of the borrower during the loan term

10. Events of Default: Circumstances that would trigger default and remedies available to the lender

11. Costs and Expenses: Allocation of transaction costs and ongoing expenses

12. Notices: Communication procedures between parties

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

Optional Sections

1. Security: Details of any collateral or guarantees - included when the loan is secured

2. Tax Provisions: Specific tax-related provisions and gross-up obligations - included for cross-border transactions or when tax implications are significant

3. Syndication Provisions: Terms governing multiple lenders - included for syndicated loans

4. Assignment and Transfer: Provisions for transferring loan participations - included when transfer rights are contemplated

5. Financial Covenants: Specific financial metrics and tests - included for corporate borrowers or larger facilities

6. Information Undertakings: Detailed reporting requirements - included for corporate or complex loans

7. Account Bank Provisions: Terms relating to bank accounts and cash management - included when specific account structures are required

Suggested Schedules

1. Conditions Precedent Documents: Detailed list of required documentation and conditions

2. Repayment Schedule: Detailed amortization schedule if applicable

3. Form of Drawdown Request: Standard form for requesting loan disbursements

4. Form of Compliance Certificate: Template for periodic compliance reporting

5. Existing Security: Details of any pre-existing security interests

6. Financial Calculation Methods: Detailed methodology for calculating financial covenants and ratios

7. Contact Details: Comprehensive list of contact information for all parties

8. Fee Schedule: Detailed breakdown of all applicable 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Account
Account Bank
Additional Lender
Affiliate
Agreement
Applicable Law
Availability Period
Banking Day
Borrowed Money
Break Costs
Business Day
Commitment
Compliance Certificate
Default
Default Interest
Disruption Event
Drawdown Date
drawdown Notice
EURIBOR
Event of Default
Facility
Facility Office
Fee Letter
Finance Document
Finance Party
Financial Indebtedness
Financial Statements
Group
Guarantor
Interest Payment Date
Interest Period
Legal Reservation
Lender
LIBOR
Loan
Majority Lenders
Margin
Material Adverse Effect
Obligor
Original Financial Statements
Original Jurisdiction
Original Lender
Party
Permitted Security
Potential Event of Default
Principal Outstanding
Quotation Day
Reference Banks
Relevant Market
Repayment Date
Repayment Installment
Repeating Representations
Representative
Security
Security Document
Security Interest
Selection Notice
Subsidiary
Tax
Tax Deduction
Total Commitments
Transfer Certificate
Transfer Date
Utilisation
Utilisation Date
Utilisation Request
VAT
Clauses
Interpretation
Facility
Purpose
Conditions Precedent
Utilisation
Repayment
Prepayment
Interest
Interest Periods
Fees
Tax Gross-up and Indemnities
Increased Costs
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Service of Process
Security Provisions
Account Provisions
Agency Provisions
Syndication Provisions
Break Costs
Market Disruption
Currency Provisions
Anti-Money Laundering
Sanctions Compliance
Relevant Industries

Banking and Financial Services

Corporate Finance

Real Estate

Manufacturing

Infrastructure

Energy

Technology

Healthcare

Retail

Transportation and Logistics

Construction

Agriculture

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Finance

Banking Operations

Documentation

Portfolio Management

Relationship Management

Investment

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Banking Lawyer

Loan Officer

Credit Manager

Treasury Manager

Risk Manager

Compliance Officer

Corporate Finance Manager

Investment Manager

Portfolio Manager

Relationship Manager

Documentation Manager

Financial Controller

Credit Analyst

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - particularly §§ 488-507 governing loan agreements (Darlehensvertrag), including provisions for formation, interest, repayment, and termination of loan contracts
Kreditwesengesetz (KWG): German Banking Act - regulates banking activities and financial services, including requirements for commercial lending operations and institutional lenders
Handelsgesetzbuch (HGB): German Commercial Code - relevant for commercial loans and documentation requirements in business transactions
Verbraucherkreditgesetz (integrated into BGB): Consumer Credit Law (now part of BGB) - specific provisions for consumer loans, including mandatory information and cooling-off periods if the borrower is a consumer
Geldwäschegesetz (GwG): German Anti-Money Laundering Act - requirements for customer due diligence and documentation in financial transactions
Schuldverschreibungsgesetz (SchVG): German Debenture Act - relevant if the loan is structured as a bond or note instrument
Zivilprozessordnung (ZPO): German Code of Civil Procedure - relevant for enforcement provisions and dispute resolution clauses
Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB): Introductory Act to the Civil Code - contains conflict of law rules relevant for international loan transactions
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

Find the exact document you need

Tax Memorandum

A formal analysis document under German tax law providing detailed tax implications and recommendations for specific business matters or transactions.

find out more

Real Estate Memorandum

A comprehensive real estate analysis document under German law that evaluates property characteristics, market position, and investment potential.

find out more

Joint Venture Mou

A German law-governed preliminary agreement outlining key terms for establishing a joint venture between multiple parties.

find out more

Memorandum Of Understanding For Business Partnership

A German law-governed preliminary agreement outlining intended business collaboration framework between parties, serving as groundwork for future binding agreements.

find out more

Memorandum Of Lease Agreement

A comprehensive lease agreement template governed by German law, compliant with BGB requirements, detailing terms and conditions for property leasing in Germany.

find out more

Memorandum Of Incorporation

A constitutional document under German law establishing a company's legal existence and defining its fundamental structure and governance framework.

find out more

Memorandum Of Agreement Moa

A formal agreement document governed by German law that outlines cooperation terms and mutual commitments between parties.

find out more

Financial Memorandum

A German law-governed document establishing formal financial arrangements and terms between parties, compliant with German banking and financial regulations.

find out more

Memorandum Of Settlement

A German law-governed settlement agreement (Vergleich) documenting dispute resolution terms and conditions between parties.

find out more

Memorandum Of Interest

A German law-governed preliminary document expressing parties' interest in potential business cooperation, typically non-binding except for specific provisions like confidentiality.

find out more

Memorandum Of Intent

A preliminary document under German law outlining intended business collaboration terms, combining non-binding intentions with specific binding provisions like confidentiality.

find out more

Memorandum Of Acceptance

A German law-governed document that formally records the acceptance of an offer or proposal, complying with BGB requirements for valid acceptance declarations.

find out more

Memorandum Account

German law agreement establishing terms for maintaining a notional account to track transactions and balances without actual money movement.

find out more

Professional Memorandum

A formal German-law governed internal document used for professional analysis and recommendations on business or legal matters.

find out more

Memorandum Of Partnership

A German law-governed agreement establishing and regulating a business partnership, outlining partner rights, obligations, and operational framework.

find out more

Memorandum Of Wishes

A German-law governed informal document providing guidance to trustees or executors about the author's intentions regarding asset management and distribution.

find out more

Corporate Memorandum

A foundational document under German law establishing a company's constitutional framework, governance structure, and operational procedures.

find out more

Project Memorandum

A German law-governed document that outlines key project parameters, responsibilities, and implementation framework while ensuring compliance with German legal requirements.

find out more

Funds Flow Memorandum

A German law-governed document detailing the mechanics and timing of financial transfers between parties in a transaction, ensuring compliance with German banking regulations.

find out more

Announcement Memorandum

A formal document under German law used to announce significant corporate events or decisions, complying with German securities laws and regulatory requirements.

find out more

Loan Memorandum

A German law-governed document outlining the terms and conditions of a loan agreement, including key financial terms, obligations, and regulatory requirements.

find out more

Confidential Memorandum

A German law-compliant internal document for managing and communicating confidential information with specific handling and security requirements.

find out more

Operating Memorandum

A German law-compliant internal governance document establishing operational procedures and organizational responsibilities within a company.

find out more

Interoffice Memorandum

A German law-compliant interoffice memorandum for formal internal business communications, following German business documentation standards and requirements.

find out more

Decision Memorandum

A formal German corporate document recording business decisions and their rationale, compliant with German corporate governance requirements.

find out more

Memorandum Of Agreement

A German law-governed formal agreement outlining mutual obligations and responsibilities between parties, based on the German Civil Code (BGB).

find out more

Memorandum Of Agreement For Partnership

A German law-governed agreement establishing a partnership arrangement, defining partners' rights, obligations, and operational framework under BGB and HGB requirements.

find out more

Memorandum Of Contract

A formal contract document structured under German law that memorializes agreements between parties, compliant with German Civil Code requirements.

find out more

Private Placement Agreement

A German law agreement governing the private offering of securities to qualified investors, ensuring compliance with German securities laws and EU regulations.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.