Law Governing Credit Agreements and Collateral Security Law
We comprehensively advise borrowers in connection with real estate financing (senior and mezzanine loans to finance the acquisition of portfolios and single assets) and refinancing of existing debt (e.g. by way of a Schuldscheindarlehen: perhaps best translated as a loan evidenced by a certificate of indebtedness).
In particular, we provide the following legal services:
- Examination of the relevant legal aspects of real estate financing during the due diligence process and the negotiation of the real property acquisition
- Drafting, reviewing and negotiating of loan agreements and security agreements on the provision of loan collateral (land charge, mortgage, assignment of claims, pledging of rights, guarantees) as well as supplementary agreements (e.g. security purpose agreements, subordination agreements and duty of care agreements)
- Legal support in the preparation of the loan disbursement (assisting in the fulfillment of drawdown conditions and conditions subsequent - e.g. preparation of reliance letters and legal opinions regarding certain legal relationships (capacity opinions and validity/enforceability opinions))