Debt Assumption Agreement Template for Austria

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Key Requirements PROMPT example:

Debt Assumption Agreement

"I need a Debt Assumption Agreement under Austrian law for our subsidiary company to take over a €5 million corporate loan from our parent company, with the transfer to be effective from March 1, 2025, and the original bank's consent needs to be included."

Document background
A Debt Assumption Agreement is a crucial legal instrument used when one party wishes to take over the debt obligations of another party. This document is particularly relevant in corporate restructuring, mergers and acquisitions, family business transfers, or real estate transactions under Austrian law. The agreement must comply with the specific requirements of the Austrian Civil Code (ABGB), particularly §§ 1404-1410 governing debt assumption (Schuldübernahme). It includes detailed information about the original debt, the parties involved, the terms of assumption, and any associated security arrangements. The document is essential for ensuring a legally valid transfer of debt obligations while protecting the interests of all parties involved, particularly the creditor's rights to claim against the new debtor. It's commonly used in business transactions where debt restructuring or consolidation is needed, and requires careful consideration of Austrian banking regulations if financial institutions are involved.
Suggested Sections

1. Parties: Identification of the original debtor, the assuming party (new debtor), and the creditor

2. Background: Description of the original debt obligation and the context for the assumption

3. Definitions: Definitions of key terms used throughout the agreement

4. Debt Assumption: Core provision detailing the assumption of debt, including the exact amount and nature of the debt being assumed

5. Effective Date: Specification of when the debt assumption becomes effective

6. Representations and Warranties: Statements by the assuming party regarding their capacity and authority to assume the debt

7. Original Debtor's Obligations: Clarification of the original debtor's position post-assumption

8. Creditor's Consent: Expression of the creditor's agreement to the debt assumption

9. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction details

10. Notices: Communication procedures between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Arrangements: Details of any security or collateral provided by the assuming party, used when additional security is required

2. Conditions Precedent: Any conditions that must be met before the assumption becomes effective, included when there are specific prerequisites

3. Original Debtor's Warranties: Warranties about the debt and related circumstances, included when verification of debt details is crucial

4. Joint and Several Liability: Provisions for shared liability, used when the original debtor retains some responsibility

5. Assignment and Transfer: Restrictions or permissions regarding future transfers, included when parties want to control future transfers

6. Tax Provisions: Allocation of tax responsibilities, included when tax implications are significant

7. Regulatory Compliance: Additional compliance requirements, included when the assumption involves regulated entities

8. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer arbitration or mediation

Suggested Schedules

1. Schedule 1 - Debt Details: Detailed description of the debt being assumed, including amount, interest rates, and payment terms

2. Schedule 2 - Payment Schedule: Timeline and terms for debt repayment by the assuming party

3. Schedule 3 - Security Details: Description of any security or collateral arrangements

4. Appendix A - Original Debt Agreement: Copy of the original debt agreement referenced in the assumption

5. Appendix B - Corporate Authorizations: Relevant corporate approvals and authorizations for the assumption

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 Industries

Banking and Financial Services

Real Estate

Construction

Manufacturing

Retail

Energy

Infrastructure

Healthcare

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Development

Mergers & Acquisitions

Credit Management

Corporate Secretariat

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Risk Manager

Treasury Manager

Financial Controller

Credit Manager

Debt Restructuring Specialist

Corporate Secretary

Business Development Director

Mergers & Acquisitions Manager

Account Manager

Compliance Officer

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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