Credit Waiver Template for Austria

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Key Requirements PROMPT example:

Credit Waiver

"I need an Austrian law Credit Waiver agreement for Bank Austria AG to waive €250,000 of corporate debt owed by TechStart GmbH, with the waiver conditional upon an upfront payment of €50,000 by March 15, 2025."

Document background
The Credit Waiver agreement is a critical document used in Austrian financial and business transactions when a creditor agrees to forgive all or part of a debt obligation. This document is particularly relevant in debt restructuring scenarios, financial distress situations, or as part of broader settlement arrangements. The agreement must comply with Austrian legal requirements, including the ABGB (Austrian Civil Code) and banking regulations, and typically includes specific details about the original credit agreement, the amount being waived, and any conditions attached to the waiver. A Credit Waiver can be used in various contexts, from corporate debt restructuring to individual debt settlement, and must be carefully drafted to ensure enforceability under Austrian law and to address potential tax implications for both parties.
Suggested Sections

1. Parties: Identification of the creditor and debtor, including full legal names, registration details, and addresses

2. Background: Description of the original credit relationship, reference to the original credit agreement, and current outstanding amounts

3. Definitions: Definitions of key terms used throughout the agreement, including 'Credit Agreement', 'Waived Amount', and 'Effective Date'

4. Waiver Declaration: Express statement of the creditor's waiver, specifying the exact amount being waived and any conditions attached to the waiver

5. Remaining Obligations: Clear statement of any remaining payment obligations of the debtor after the waiver

6. Representations and Warranties: Statements by both parties regarding their authority to enter into the agreement and the accuracy of information provided

7. Effectiveness and Timing: Specification of when the waiver becomes effective and any conditions precedent

8. Governing Law and Jurisdiction: Explicit statement that Austrian law governs the agreement and designation of competent courts

Optional Sections

1. Tax Implications: Section addressing tax consequences of the waiver, to be included when the waiver amount is significant or has specific tax implications

2. Confidentiality: Provisions regarding confidentiality of the waiver terms, typically included for business-to-business arrangements

3. Regulatory Compliance: Additional provisions required when either party is a regulated entity or when the waiver requires regulatory approval

4. Third Party Rights: Section addressing the impact on guarantors or other security providers, included when the original credit agreement involves third-party security

5. Partial Waiver Conditions: Specific conditions and terms when only part of the credit is being waived, with ongoing obligations for the remaining amount

6. Future Cooperation: Provisions regarding future business relationships, typically included in business relationship preservation scenarios

Suggested Schedules

1. Original Credit Agreement: Copy or extract of the original credit agreement being partially or fully waived

2. Calculation of Waived Amount: Detailed calculation showing the amount being waived, including principal, interest, and any fees

3. Payment History: Summary of payments made under the original credit agreement and current outstanding balance

4. Corporate Authorizations: Copies of relevant corporate authorizations, board resolutions, or powers of attorney

5. Regulatory Approvals: Copies of any required regulatory approvals or notifications, if applicable

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

Financial Services

Corporate Lending

Investment Management

Real Estate

Manufacturing

Retail

Construction

Professional Services

Healthcare

Relevant Teams

Legal

Finance

Credit Risk

Treasury

Compliance

Corporate Banking

Debt Recovery

Account Management

Restructuring

Corporate Affairs

Relevant Roles

Chief Financial Officer

Finance Director

Credit Risk Manager

Legal Counsel

Corporate Lawyer

Debt Recovery Officer

Treasury Manager

Account Manager

Restructuring Manager

Compliance Officer

Banking Relations Manager

Credit Controller

Financial Controller

Insolvency Practitioner

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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