Loan Sharing Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
A Loan Sharing Agreement is essential when multiple lenders wish to participate in a single loan facility while maintaining clear legal structures and risk allocation mechanisms. This document type is commonly used in Austria for syndicated lending, club deals, and other multi-lender arrangements. The agreement comprehensively addresses the relationships between lenders, establishing their respective rights, obligations, and participation shares. It includes crucial provisions for loan administration, payment distributions, voting mechanisms, and decision-making processes, all within the framework of Austrian banking and financial regulations. The document ensures compliance with Austrian civil code requirements and banking laws while providing flexibility for various lending structures and security arrangements. This type of agreement is particularly important in large-scale financing where risk sharing and structured participation are desired.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Investment Management

Commercial Real Estate

Infrastructure

Private Equity

Corporate Finance

Asset Management

Insurance

Investment Banking

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Loan Administration

Portfolio Management

Corporate Banking

Syndications

Risk Management

Relevant Roles

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

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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