The Cash Collateral Agreement is a crucial document used in financial transactions under Austrian law where one party provides cash as collateral to secure obligations owed to another party. This agreement is particularly relevant in the context of derivatives trading, lending arrangements, and other financial transactions where credit risk needs to be managed. The document is structured to comply with the Austrian Financial Collateral Act (Finanzsicherheiten-Gesetz) and related EU regulations, providing legal certainty regarding the creation, perfection, and enforcement of security interests in cash collateral. It includes specific provisions addressing Austrian law requirements for financial collateral arrangements, including insolvency protection, enforcement rights, and procedural requirements. The agreement is designed to be used alongside other financial documentation such as master agreements or facility agreements, providing a comprehensive framework for collateral arrangements in financial transactions.
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1. Parties: Identification of the collateral provider and collateral taker, including full legal names and addresses
2. Background: Context of the agreement, reference to any master agreements or related transactions
3. Definitions and Interpretation: Key terms used in the agreement, including specific Austrian law concepts and financial terminology
4. Provision of Collateral: Core provisions regarding the delivery and maintenance of cash collateral, including account details and transfer mechanisms
5. Security Interest: Creation and perfection of the security interest under Austrian law, including any required formalities
6. Maintenance of Collateral: Obligations regarding collateral value, top-up requirements, and return of excess collateral
7. Use and Control of Collateral: Rights regarding the use of cash collateral, including any rehypothecation rights
8. Interest and Payments: Provisions regarding interest on cash collateral and payment mechanics
9. Events of Default: Circumstances constituting default and consequences
10. Enforcement: Rights and procedures for enforcing security interest in compliance with Austrian law
11. Representations and Warranties: Standard and Austrian law-specific representations regarding authority, validity, and enforceability
12. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions
13. Notices: Communication procedures between parties
14. Miscellaneous: Standard boilerplate provisions adapted to Austrian law requirements
1. Currency Provisions: Required if collateral can be provided in multiple currencies, including conversion mechanisms
2. Tax Provisions: Detailed tax provisions needed if cross-border elements or specific tax implications exist
3. Set-off Rights: Additional set-off provisions if not covered in master agreement
4. Regulatory Compliance: Specific section needed if parties are regulated entities with additional compliance requirements
5. Third Party Rights: Required if agreement involves custodians or other third parties
6. Electronic Execution: Include if agreement may be executed electronically under Austrian law requirements
1. Account Details Schedule: Details of designated accounts for cash collateral, including account numbers and bank details
2. Authorized Persons: List of persons authorized to act on behalf of each party
3. Notice Details: Detailed contact information for notices and communications
4. Form of Transfer Instructions: Standard forms for collateral transfer instructions
5. Collateral Valuation Methodology: If applicable, methodology for valuing collateral and determining required amounts
6. Form of Enforcement Notice: Standard form for enforcement notices compliant with Austrian law requirements
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