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Loan Sharing Agreement
"I need an Austrian Loan Sharing Agreement for a €5 million commercial property loan to be shared between three banks, with one bank acting as lead lender and loan administrator, including specific provisions for security over the property."
1. Parties: Identification of all participating lenders and any loan administrator/agent
2. Background: Context of the loan sharing arrangement and the original loan agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Participation: Details of each lender's share in the loan and participation structure
5. Administration of the Loan: Procedures for loan administration, including payment collection and distribution
6. Rights and Obligations of the Lenders: Specific rights and responsibilities of each participating lender
7. Decision Making: Process for making decisions affecting the loan, including voting rights and thresholds
8. Payment Mechanics: Procedures for handling payments, distributions, and settlements between parties
9. Assignment and Transfer: Rules and procedures for transferring or assigning loan participations
10. Events of Default: Circumstances constituting default and consequent rights and remedies
11. Representations and Warranties: Standard declarations made by each party regarding their capacity and authority
12. Confidentiality: Obligations regarding confidential information handling
13. Notices: Methods and requirements for formal communications between parties
14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
15. Amendments and Waivers: Procedures for modifying the agreement or waiving rights
1. Security Sharing: Required when the loan is secured and details how security interests are shared
2. Tax Provisions: Detailed tax arrangements when parties are subject to different tax jurisdictions
3. Intercreditor Provisions: Required when there are multiple classes of lenders with different priorities
4. Syndication Provisions: Include when future syndication of the loan is contemplated
5. Currency Provisions: Required when the loan involves multiple currencies
6. Special Purpose Vehicle: Include when an SPV is used to structure the loan sharing
7. Consumer Protection Provisions: Required when any party qualifies as a consumer under Austrian law
1. Schedule 1 - Loan Details: Detailed information about the underlying loan, including amount, interest rate, and term
2. Schedule 2 - Lender Participations: Specific percentages or amounts of each lender's participation
3. Schedule 3 - Administrative Details: Contact information and bank account details for all parties
4. Schedule 4 - Form of Transfer Certificate: Standard form for documenting transfers of loan participations
5. Schedule 5 - Payment Procedures: Detailed procedures for handling payments and distributions
6. Appendix A - Original Loan Agreement: Copy of the underlying loan agreement being shared
7. Appendix B - Security Documents: Copies of any security documents if the loan is secured
8. Appendix C - Compliance Certificates: Forms for periodic compliance certification by parties
Authors
Administrative Agent
Applicable Law
Assignment
Available Commitment
Banking Day
Borrower
Business Day
Commitment
Confidential Information
Default
Default Interest
Defaulting Lender
Effective Date
Eligible Assignee
Event of Default
Facility
Finance Documents
Financial Indebtedness
Interest Payment Date
Interest Period
Lead Lender
Lender Participation
Lenders
Loan
Loan Administrator
Loan Share
Majority Lenders
Material Adverse Effect
New Lender
Original Lender
Participating Lenders
Participation Agreement
Participation Percentage
Payment Date
Pro Rata Share
Reference Banks
Reference Rate
Secured Obligations
Security
Security Agent
Security Documents
Sharing Payment
Syndication
Transfer Certificate
Transfer Date
Unpaid Sum
Voting Rights
Participation
Payment Obligations
Loan Administration
Security Arrangements
Assignment and Transfer
Representations and Warranties
Lender Rights
Voting Rights
Payment Mechanics
Default
Remedies
Indemnification
Confidentiality
Information Sharing
Decision Making
Agency Provisions
Tax
Costs and Expenses
Notices
Amendments and Waivers
Governing Law
Dispute Resolution
Force Majeure
Severability
Data Protection
Anti-Money Laundering
Regulatory Compliance
Termination
Entire Agreement
Banking
Financial Services
Investment Management
Commercial Real Estate
Infrastructure
Private Equity
Corporate Finance
Asset Management
Insurance
Investment Banking
Legal
Finance
Treasury
Credit Risk
Compliance
Loan Administration
Portfolio Management
Corporate Banking
Syndications
Risk Management
Chief Financial Officer
Finance Director
Treasury Manager
Loan Officer
Credit Risk Manager
Legal Counsel
Compliance Officer
Syndication Manager
Portfolio Manager
Banking Relationship Manager
Corporate Finance Manager
Investment Director
Risk Officer
Senior Credit Analyst
Transaction Manager
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