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Financial Assistance Agreement
"I need a Financial Assistance Agreement under Austrian law for a €5 million credit facility to a manufacturing company, with quarterly repayments over 5 years starting March 2025, including specific covenants for maintaining minimum working capital ratios."
1. Parties: Identification of the financial institution providing assistance and the recipient, including their full legal names, registration details, and addresses
2. Background: Context of the financial assistance, purpose of the agreement, and brief description of the parties' intentions
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules for interpreting the document
4. Facility Amount and Purpose: Specification of the financial assistance amount, type of facility, and permitted uses of the funds
5. Conditions Precedent: Prerequisites that must be satisfied before the financial assistance becomes available
6. Drawdown Mechanics: Procedures and requirements for requesting and receiving funds under the agreement
7. Interest and Fees: Interest rate provisions, calculation methods, payment schedules, and applicable fees
8. Repayment Terms: Schedule and methods of repayment, including any early repayment provisions
9. Representations and Warranties: Statements of fact and assurances given by the recipient regarding their legal and financial status
10. Covenants: Ongoing obligations of the recipient, including financial covenants and reporting requirements
11. Events of Default: Circumstances that constitute default and their consequences
12. Remedies: Rights and actions available to the lender in case of default
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. Notices: Methods and addresses for official communications between parties
15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Security: Required when the financial assistance is secured by collateral or guarantees
2. Insurance Requirements: Included when specific insurance coverage is required for the funded assets or business
3. Tax Provisions: Detailed section needed when complex tax implications exist or for cross-border transactions
4. Data Protection: Extended provisions required when significant personal data processing is involved
5. Anti-Money Laundering Provisions: Detailed section needed for high-value transactions or higher-risk clients
6. Currency and Exchange Provisions: Required for multi-currency facilities or when exchange rate risks need to be addressed
7. Syndication Rights: Included when the lender may want to syndicate the facility
8. Assignment and Transfer: Detailed provisions needed when transfer rights are important to either party
9. Force Majeure: Included when specific force majeure events need to be addressed beyond standard provisions
1. Schedule 1 - Facility Terms: Detailed terms of the facility including amounts, interest rates, and payment schedules
2. Schedule 2 - Conditions Precedent Documents: List of required documents and conditions to be satisfied before drawdown
3. Schedule 3 - Form of Drawdown Request: Template for requesting disbursements under the facility
4. Schedule 4 - Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Schedule 5 - Financial Covenants: Specific financial ratios and requirements to be maintained
6. Schedule 6 - Security Documents: List and copies of security documents if applicable
7. Schedule 7 - Reporting Requirements: Templates and requirements for periodic financial reporting
8. Appendix A - Compliance Certificates: Templates for periodic compliance certification
9. Appendix B - Know Your Customer Requirements: Documentation requirements for anti-money laundering compliance
10. Appendix C - Fee Schedule: Detailed breakdown of all applicable fees and charges
Authors
Applicable Law
Austrian Banking Act
Available Facility
Business Day
Commitment
Conditions Precedent
Default
Default Interest
Disbursement
Drawdown
Drawdown Date
Drawdown Notice
Effective Date
Euro
Event of Default
Facility
Facility Amount
Finance Documents
Financial Indebtedness
Financial Statements
Force Majeure Event
Interest Payment Date
Interest Period
Interest Rate
Lender
Material Adverse Effect
Maturity Date
Obligor
Outstanding Amount
Parties
Permitted Purpose
Potential Default
Principal Amount
Recipient
Reference Rate
Regulatory Authority
Repayment Date
Repayment Schedule
Security
Security Documents
Signing Date
Subsidiary
Tax
Term
Transaction Documents
Transfer
Utilization
Working Day
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Fees
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
Payment Mechanics
Set-off
Tax Gross-up
Increased Costs
Indemnities
Costs and Expenses
Assignment and Transfer
Amendments and Waivers
Confidentiality
Data Protection
Anti-Money Laundering
Notices
Calculations
Partial Invalidity
Remedies and Waivers
Counterparts
Governing Law
Enforcement
Jurisdiction
Service of Process
Banking and Financial Services
Manufacturing
Real Estate
Technology and Software
Healthcare
Retail and Consumer Goods
Energy and Utilities
Construction
Agriculture
Transportation and Logistics
Education
Professional Services
Hospitality and Tourism
Media and Entertainment
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Banking
Regulatory Affairs
Operations
Business Development
Investment
Account Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Corporate Banking Officer
Financial Controller
Business Development Manager
Account Manager
Investment Manager
Corporate Secretary
Regulatory Affairs Manager
Finance Operations Manager
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