Fiscal Agent Agreement Template for Austria

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Key Requirements PROMPT example:

Fiscal Agent Agreement

"I need a Fiscal Agent Agreement under Austrian law for a €500 million corporate bond issuance planned for March 2025, with Deutsche Bank AG acting as fiscal agent and standard payment and administrative provisions."

Document background
The Fiscal Agent Agreement is a fundamental document in debt issuance programs, used when an issuer requires a financial institution to act as its agent in managing payments and administrative matters relating to debt instruments. This agreement, governed by Austrian law, is particularly relevant for corporate bonds, medium-term note programs, and other debt securities issuances in the Austrian and European markets. It establishes the comprehensive framework for the fiscal agent's duties, including payment processing, record maintenance, and communication with bondholders. The document must comply with Austrian banking and securities regulations, as well as relevant EU directives, making it suitable for both domestic and international debt issuances where Austrian law is chosen as the governing law. The agreement typically includes detailed operational procedures, fee structures, and liability provisions to ensure smooth administration of the debt instruments throughout their lifecycle.
Suggested Sections

1. Parties: Identifies the Issuer and the Fiscal Agent

2. Background: Describes the context of the agreement, including reference to the debt instruments and the need for fiscal agent services

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

4. Appointment and Duties: Details the appointment of the fiscal agent and their primary responsibilities

5. Payment Provisions: Outlines the mechanisms for handling payments to bondholders

6. Records and Reporting: Specifies requirements for maintaining records and providing reports

7. Fees and Expenses: Details the compensation structure and reimbursable expenses

8. Standard of Care and Liability: Establishes the expected standard of service and liability limitations

9. Representations and Warranties: Contains statements of fact and assurances from both parties

10. Indemnification: Sets out the indemnification obligations of the parties

11. Term and Termination: Specifies the duration of the agreement and termination provisions

12. Confidentiality: Addresses the handling of confidential information

13. Notices: Specifies how formal communications between parties should be made

14. Governing Law and Jurisdiction: Specifies Austrian law as governing law and jurisdiction for disputes

15. Miscellaneous: Contains standard boilerplate provisions

Optional Sections

1. Additional Agents: Include when additional agents (such as calculation agents or paying agents) are appointed

2. Tax Provisions: Include detailed tax provisions when the fiscal agent has specific tax-related responsibilities

3. Electronic Instructions: Include when electronic systems are used for instructions and communications

4. Force Majeure: Include specific force majeure provisions beyond standard ones when required

5. Sanctions Compliance: Include when there are specific sanctions compliance requirements

6. Data Protection: Include detailed GDPR compliance provisions when personal data processing is extensive

7. Business Continuity: Include when specific business continuity requirements are needed

Suggested Schedules

1. Schedule 1 - Form of Global Note: Template for the global note representing the debt instruments

2. Schedule 2 - Form of Definitive Note: Template for individual definitive notes, if applicable

3. Schedule 3 - Terms and Conditions: Detailed terms and conditions of the debt instruments

4. Schedule 4 - Payment Procedures: Detailed procedures for processing payments

5. Schedule 5 - Forms of Transfer Documents: Templates for transfer and assignment documentation

6. Schedule 6 - Fee Schedule: Detailed breakdown of fees and charges

7. Schedule 7 - Authorized Signatories: List of authorized signatories and specimen signatures

8. Schedule 8 - Operating Procedures: Detailed operational procedures and requirements

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

Capital Markets

Corporate Finance

Investment Banking

Securities Services

Asset Management

Insurance

Public Sector and Government

Infrastructure

Real Estate

Energy and Utilities

Relevant Teams

Legal

Treasury

Finance

Capital Markets

Operations

Compliance

Risk Management

Corporate Trust

Securities Services

Transaction Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Debt Capital Markets Manager

Relationship Manager

Operations Manager

Compliance Officer

Risk Manager

Transaction Manager

Securities Services Manager

Corporate Trust Officer

Investment Banking Director

Capital Markets Associate

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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