Financial Assistance Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Financial Assistance Agreement serves as a crucial legal instrument in the Austrian financial sector, providing a structured framework for lending arrangements between financial institutions and borrowers. This document type is essential when establishing formal lending relationships, whether for corporate financing, project development, or business expansion. The agreement must comply with Austrian banking regulations, including the Bankwesengesetz (BWG) and relevant EU directives, while incorporating necessary safeguards and monitoring mechanisms. It details all aspects of the financial assistance, from facility terms and security arrangements to compliance requirements and reporting obligations. The document is particularly important in the Austrian context due to specific local regulatory requirements and the interaction between national and EU financial regulations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 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

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Banking

Regulatory Affairs

Operations

Business Development

Investment

Account Management

Relevant Roles

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

Industries
Austrian Civil Code (ABGB): Fundamental law governing contracts, obligations, and civil law matters in Austria. Particularly relevant sections include §§859-937 on contract formation and general contractual obligations.
Banking Act (Bankwesengesetz - BWG): Regulates banking activities and financial services in Austria, including requirements for lending and financial assistance.
Consumer Protection Act (Konsumentenschutzgesetz - KSchG): Provides additional protection if one party is a consumer, including specific requirements for consumer credit agreements.
Securities Supervision Act (Wertpapieraufsichtsgesetz 2018 - WAG): Regulates securities and investment services, relevant if the financial assistance involves securities or investment components.
EU Regulation 575/2013 (CRR): European Union regulation on prudential requirements for credit institutions and investment firms, affecting financial assistance terms.
Austrian Insolvency Code (Insolvenzordnung - IO): Relevant for provisions regarding default scenarios and creditor rights in financial assistance agreements.
Austrian Corporate Code (Unternehmensgesetzbuch - UGB): Contains provisions relevant to business-to-business financial transactions and commercial relationships.
Financial Market Money Laundering Act (FM-GwG): Sets requirements for customer due diligence and anti-money laundering measures in financial transactions.
Austrian Data Protection Act (Datenschutzgesetz - DSG): Governs the handling of personal data in financial agreements, complementing the EU GDPR.
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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