Find Lawyers in Berlin, Germany for Asset Finance Law
Claudia Hard is a partner and heads the Finance & Banking Group in Germany. She focuses her practice on real estate, project and corporate finance. Claudia has many years of experience in the field of acquisition and refinancing as well as restructuring in the real estate sector. In addition, she has deep experience in the area of Pfandbrief financing, both in Germany and in cross-border financing within Europe and the USA. Her clients include leading domestic and foreign banks, debt fund...
Asset Finance Law Definition
Asset Finance or asset based lending is a type of financing in which the decision to grant a loan is mainly (although not exclusively) based on the value of – and eventually the cash flow deriving from – an asset, rather than the creditworthiness of the borrower. Asset finance is usually used in the context of short- or mid-term financing, e.g. working capital.
The assets to be financed comprise all kinds of balance sheet assets having a monetary value, such as balances in bank accounts, insurance claims and other receivables, stock, bonds, mutual funds, inventories and any other tangible as well as intangible assets, and real estate. In return for granting a loan, such assets will be used as collateral in which the borrower provides a security interest to the lender. The security interest may include a pledge, lien, (security) assignment of rights and claims, land charges, as well as transfer of title by way of security.
Usually, both the amount borrowed and the risk monitoring (e.g. cash trap/cash sweep) as well as a default or the enforcement rights under the finance and security documents agreement will depend on the value of the asset and its development as well as the cash flow generated from it.
Asset Finance Law therefore covers structuring, drafting and negotiating all types of asset finance instruments.
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