Account Pledge Agreement Template for Austria

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Key Requirements PROMPT example:

Account Pledge Agreement

"I need an Austrian law Account Pledge Agreement for a bilateral loan facility closing on March 15, 2025, where a manufacturing company will pledge its main operating account held with Erste Bank to secure a €5 million term loan."

Document background
The Account Pledge Agreement is a fundamental security document used in Austrian financing transactions where bank accounts serve as collateral. It is typically employed in conjunction with credit facilities, loan agreements, or other financing arrangements where the lender requires security over the borrower's bank accounts. The document complies with Austrian pledge law requirements and creates a security interest over specified accounts, including all current and future credit balances. The agreement details the pledge's scope, perfection requirements, operational mechanics, and enforcement provisions. It is essential in both bilateral and syndicated lending structures and must meet specific Austrian law requirements for creating valid and enforceable security interests. The Account Pledge Agreement includes provisions for notifying the account bank and obtaining their acknowledgment, which is crucial for perfection under Austrian law.
Suggested Sections

1. Parties: Identification of the Pledgor, Pledgee, and Account Bank (if party to the agreement)

2. Background: Context of the pledge, reference to underlying credit or facility agreement, and purpose of the security

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including references to any master agreements

4. Creation of Pledge: Express creation of the pledge right over the accounts, establishing the security interest

5. Scope of Pledge: Detailed description of what is being pledged, including all current and future credit balances

6. Perfection Requirements: Steps required to perfect the pledge, including notice to and acknowledgment from the Account Bank

7. Pledgor's Representations and Warranties: Confirmations regarding ownership, authority, and absence of other encumbrances

8. Pledgor's Obligations: Ongoing obligations regarding maintenance of accounts and restrictions on disposals

9. Rights to Accounts Prior to Enforcement: Terms governing access to and operation of accounts before an enforcement event

10. Enforcement: Circumstances and procedures for enforcing the pledge, including realization methods

11. Release of Pledge: Conditions and process for releasing the pledge upon discharge of secured obligations

12. Notices: Communication requirements and contact details for all parties

13. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction of courts

Optional Sections

1. Account Bank Provisions: Specific provisions regarding the Account Bank's rights and obligations, used when the Account Bank is a party to the agreement

2. Multiple Pledgors: Additional provisions for scenarios with multiple pledgors, including joint and several liability

3. Priority Arrangements: Provisions dealing with ranking of security interests, used when there are multiple security holders

4. Currency Provisions: Specific provisions for accounts in multiple currencies or currency conversion rights

5. Power of Attorney: Grant of power of attorney to the Pledgee for enforcement purposes, if required

6. Set-off Rights: Provisions regarding set-off rights between parties, particularly relevant for banking relationships

7. Tax Provisions: Specific tax-related provisions if required by the transaction structure

Suggested Schedules

1. Schedule 1 - Pledged Accounts: Detailed list of all pledged accounts including account numbers, types, and branches

2. Schedule 2 - Form of Notice to Account Bank: Template notice to be sent to the Account Bank regarding the creation of the pledge

3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be signed by the Account Bank

4. Schedule 4 - Signing Authorities: List of authorized signatories and any specific signing requirements

5. Schedule 5 - Form of Power of Attorney: Template power of attorney document if required for enforcement

6. Appendix A - Underlying Credit Agreement Details: Summary or extract of relevant provisions from the underlying credit 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
Relevant Industries

Banking and Financial Services

Corporate Lending

Investment Banking

Manufacturing

Real Estate

Energy

Infrastructure

Technology

Telecommunications

Retail

Healthcare

Agriculture

Transportation

Construction

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Secretariat

Transaction Management

Banking

Security Administration

Account Management

Relevant Roles

Finance Director

Treasury Manager

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Banking Lawyer

Security Trustee

Facility Agent

Transaction Manager

Credit Risk Manager

Account Manager

Relationship Manager

Compliance Officer

Finance Manager

Corporate Secretary

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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