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Accounts Receivable Assignment Agreement
"I need an Accounts Receivable Assignment Agreement under Austrian law for my manufacturing company to assign €2.5M worth of receivables to ABC Bank AG, with the assignment to be effective from March 1, 2025, and including specific provisions for debtor notification and GDPR compliance."
1. Parties: Identification of the Assignor and Assignee, including full legal names, registration details, and addresses
2. Background: Context of the assignment, relationship between parties, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Receivables', 'Debtors', 'Assignment Date', etc.
4. Assignment: Core provision detailing the transfer of receivables from Assignor to Assignee, including the scope and effective date of the assignment
5. Purchase Price and Payment: Details of consideration for the assignment, payment terms, and payment mechanism
6. Representations and Warranties: Assignor's warranties regarding ownership, validity, and status of the receivables
7. Notification and Perfection: Requirements and process for notifying debtors and perfecting the assignment under Austrian law
8. Rights and Obligations: Ongoing rights and obligations of both parties post-assignment
9. Collections and Payments: Process for collecting and handling payments from debtors after assignment
10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Security Provisions: Required when the assignment is for security purposes (Sicherungszession) rather than an outright assignment
2. Data Protection: Detailed GDPR compliance provisions when personal data is involved
3. Cross-Border Provisions: Required when the assignment involves receivables or parties from multiple jurisdictions
4. True Sale Provisions: Required when the assignment needs to qualify as a true sale for accounting or regulatory purposes
5. Recourse Provisions: Optional provisions specifying whether the assignment is with or without recourse to the Assignor
6. Further Assurance: Additional cooperation obligations for future actions, used in complex assignments
7. Costs and Taxes: Allocation of transaction costs and tax obligations when significant amounts are involved
1. Schedule of Receivables: Detailed list of assigned receivables including debtor information, amounts, and due dates
2. Form of Notice to Debtors: Template for notifying debtors of the assignment as required under Austrian law
3. Powers of Attorney: Forms of powers of attorney for collection and enforcement rights
4. Excluded Receivables: List of specifically excluded receivables from the assignment
5. Collection Procedures: Detailed procedures for collecting and processing payments
6. Debtor Details: Confidential schedule containing full debtor information and contact details
7. Pricing Mechanism: Detailed calculation methodology for the purchase price if complex pricing is involved
Authors
Assigned Receivables
Assignment
Assignment Date
Assignor
Assignee
Banking Day
Business Day
Collection Account
Collection Period
Cut-off Date
Data Protection Laws
Debtor
Default Interest Rate
Effective Date
Encumbrance
Excluded Receivables
Future Receivables
GDPR
Insolvency Event
Legal Requirements
Material Adverse Effect
Notice of Assignment
Outstanding Amount
Payment Date
Purchase Price
Related Rights
Relevant Documents
Security Interest
Settlement Date
Transaction Documents
Transfer Date
Underlying Contract
VAT
Warranties
Transfer of Rights
Purchase Price
Payment Terms
Representations and Warranties
Covenants
Security Interest
Notice Requirements
Collection Rights
Further Assurance
Data Protection
Confidentiality
Indemnification
Force Majeure
Severability
Entire Agreement
Amendment
Assignment and Transfer
Notices
Costs and Expenses
Tax
Set-off
Default
Remedies
Termination
Governing Law
Jurisdiction
Dispute Resolution
Counterparts
Banking Secrecy
Information Rights
True Sale
Recourse
Anti-Assignment
Perfection Requirements
Banking and Financial Services
Manufacturing
Wholesale and Distribution
Professional Services
Technology
Healthcare
Construction
Retail
Energy and Utilities
Telecommunications
Logistics and Transportation
Real Estate
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Commercial
Corporate Finance
Collections
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Accounts Receivable Manager
Legal Counsel
Corporate Lawyer
Finance Manager
Risk Manager
Commercial Director
Business Development Manager
Financial Controller
Credit Risk Analyst
Collections Manager
Transaction Manager
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