Finance Contract Template for Austria

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Key Requirements PROMPT example:

Finance Contract

"I need an Austrian Finance Contract for a €5 million term loan facility between ABC Bank AG and XYZ Manufacturing GmbH, to be used for equipment purchase and installation, with quarterly repayments over 5 years starting March 2025."

Document background
The Finance Contract serves as the primary documentation for financial facilities in Austria, used when establishing lending relationships between financial institutions and borrowers. It must comply with Austrian banking laws, including the Banking Act (BWG) and Civil Code (ABGB), while also adhering to EU financial regulations. This document type is essential for various financing scenarios, from corporate loans to structured finance transactions, and includes detailed provisions on facility terms, security arrangements, representations, and covenants. The contract's structure accommodates both standard banking transactions and complex financial arrangements, with additional provisions for specific financing needs such as project finance or asset-based lending.
Suggested Sections

1. Parties: Identification of the financial institution and the borrower/client, including full legal names, registration details, and addresses

2. Background: Context of the financing arrangement, purpose of the facility, and any relevant pre-contractual negotiations

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

4. Facility Amount and Purpose: Specification of the loan amount/credit facility and permitted use of funds

5. Interest and Fees: Details of interest rates (fixed or variable), calculation methods, and all applicable fees

6. Drawdown Conditions: Prerequisites and conditions for accessing the facility, including required documentation

7. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions

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

9. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements

10. Events of Default: Circumstances constituting default and consequences thereof

11. Security: Details of any collateral or guarantees securing the facility

12. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes

Optional Sections

1. Hedging Arrangements: Include when interest rate or currency hedging is part of the facility

2. Additional Borrower Provisions: Required for syndicated facilities or multiple borrower arrangements

3. Tax Provisions: Detailed section needed when cross-border elements exist or specific tax arrangements apply

4. Insurance Requirements: Detailed insurance obligations when specific asset coverage is required

5. Assignment and Transfer: Include for transferable facilities or syndicated loans

6. Data Protection: Enhanced GDPR compliance section for consumer contracts or extensive data processing

7. Force Majeure: Include when specific market disruption or force majeure provisions are needed

8. Accordion Facility: Include when there's provision for increasing the facility amount

9. Digital Services: Include when online banking or digital services are part of the agreement

Suggested Schedules

1. Drawdown Notice: Form of request for utilization of the facility

2. Repayment Schedule: Detailed amortization table or repayment structure

3. Interest Calculation Methodology: Detailed explanation of interest calculation, including examples

4. Security Documents: Forms of security agreements, guarantees, or collateral arrangements

5. Fee Schedule: Detailed breakdown of all applicable fees and charges

6. Required Documents: List of all documents required for drawdown and ongoing compliance

7. Compliance Certificate: Template for periodic financial covenant compliance reporting

8. Standard Terms and Conditions: General terms applicable to all facilities of this type

9. SEPA Direct Debit Mandate: Required for automated payment collections in the EU

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
Clauses
Relevant Industries

Banking

Financial Services

Corporate Finance

Real Estate

Manufacturing

Construction

Infrastructure

Energy

Technology

Healthcare

Retail

Agriculture

Transportation

Hospitality

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Transaction Banking

Documentation

Risk Management

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Lawyer

Finance Manager

Credit Officer

Risk Manager

Compliance Officer

Corporate Banking Manager

Relationship Manager

Transaction Manager

Financial Controller

Credit Analyst

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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