Facility Loan Agreement Template for Austria

The Facility Loan Agreement is a fundamental financing document used when a lender extends credit facilities to a borrower under Austrian law. It serves as the primary documentation for both bilateral and syndicated lending arrangements, establishing the legal framework for the lending relationship. The agreement must comply with Austrian banking regulations, including the Banking Act (BWG) and Civil Code (ABGB), while incorporating market-standard provisions for financial covenants, representations, and undertakings. This document is essential for corporate financing, project finance, acquisition finance, and general corporate lending purposes, providing comprehensive coverage of facility terms, drawdown mechanics, security arrangements, and enforcement provisions. The agreement typically includes detailed schedules and may be accompanied by security documentation when collateral is required.

1. Parties: Identification of the lender(s), borrower(s), and any guarantors or other parties

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

3. Definitions and Interpretation: Defined terms and interpretation rules used throughout the agreement

4. The Facility: Core terms of the loan facility including amount, purpose, and availability

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

6. Drawdown: Procedures and requirements for utilizing the facility

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

8. Repayment: Terms for repayment of the facility including scheduled payments

9. Prepayment: Voluntary and mandatory prepayment provisions

10. Fees: All fees payable under the facility

11. Tax Gross Up and Indemnities: Tax-related provisions and indemnification obligations

12. Representations and Warranties: Statements of fact and assurances given by the borrower

13. Information Undertakings: Obligations to provide financial and other information

14. General Undertakings: Positive and negative covenants of the borrower

15. Events of Default: Circumstances constituting default and consequences

16. Changes to Parties: Transfer and assignment provisions

17. Payment Mechanics: Administrative provisions for making payments

18. Notices: Communication procedures between parties

19. Calculations and Certificates: Provisions regarding calculations and evidence

20. Partial Invalidity: Severability provisions

21. Remedies and Waivers: Rights and remedies of the parties

22. Amendments and Waivers: Procedures for modifying the agreement

23. Governing Law: Confirmation of Austrian law as governing law

24. Enforcement: Jurisdiction and dispute resolution provisions