Consortium Loan Agreement Template for Austria

A Consortium Loan Agreement is essential for large-scale financing transactions where the loan amount or risk profile necessitates participation from multiple lenders. This document type is particularly relevant in the Austrian market for project financing, corporate acquisitions, and major infrastructure developments. The agreement must comply with Austrian banking regulations, including the Banking Act (BWG) and financial market regulations, while also considering EU-wide requirements. It typically includes detailed provisions for facility agent appointments, security arrangements, and inter-creditor relationships. The document is crucial when a single lender cannot or does not wish to provide the entire facility amount, requiring a structured approach to collective lending. The agreement establishes the framework for coordinated lending activities, including decision-making processes, payment mechanics, and the handling of default scenarios.

1. Parties: Identification of all parties including borrower(s), original lenders, and facility agent

2. Background: Context of the loan arrangement and purpose of the facility

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules

4. The Facility: Details of the loan facility including amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Procedures and requirements for utilization of the facility

7. Interest: Interest calculation, periods, and payment provisions

8. Repayment: Terms and schedule for repayment of the loan

9. Prepayment and Cancellation: Provisions for voluntary and mandatory prepayment and facility cancellation

10. Facility Agent Appointment and Duties: Role, responsibilities, and powers of the facility agent

11. Payments and Calculations: Payment mechanics, calculations, and distribution of payments

12. Decision Making Among Lenders: Voting rights and procedures for consortium decisions

13. Representations and Warranties: Borrower's representations and warranties

14. Information Undertakings: Borrower's obligations to provide financial and other information

15. General Undertakings: Borrower's positive and negative covenants

16. Events of Default: Circumstances constituting default and consequences

17. Changes to Parties: Provisions for transfers, assignments, and changes in consortium membership

18. Administration: Administrative provisions including notices and calculations

19. Governing Law and Jurisdiction: Choice of law and jurisdiction provisions

20. Enforcement: Provisions regarding enforcement of rights and remedies