Project Finance Agreement Template for Austria

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Key Requirements PROMPT example:

Project Finance Agreement

"I need a Project Finance Agreement under Austrian law for a €500 million wind farm project in Styria, with a consortium of three international banks and one export credit agency as lenders, expected financial close in March 2025."

Document background
The Project Finance Agreement is a fundamental document used in financing large-scale projects where the financing is primarily secured by the project's assets and cash flows rather than the sponsors' balance sheets. This agreement, governed by Austrian law, serves as the cornerstone document that establishes the relationship between the lenders and the project company, detailing all aspects of the financing arrangement including facility terms, security structure, conditions precedent, and ongoing project requirements. It is particularly vital for capital-intensive projects where risk allocation and detailed financial structuring are essential. The document must comply with Austrian banking regulations, securities laws, and EU financial directives, while incorporating international project finance best practices. The Project Finance Agreement is typically used when implementing infrastructure, energy, or other large-scale projects that require substantial capital investment and involve multiple stakeholders.
Suggested Sections

1. Parties: Identification of all parties to the agreement including lenders, borrowers, sponsors, and any guarantors

2. Background: Context of the project financing arrangement and purpose of the agreement

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Facility and Purpose: Details of the financing facility, amounts, and permitted use of proceeds

5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility

6. Drawdown Mechanics: Procedures and requirements for drawing down the facility

7. Repayment Terms: Schedule and mechanisms for repayment of the facility

8. Interest and Fees: Interest calculation, payment terms, and applicable fees

9. Security Structure: Overview of security package and ranking of security interests

10. Representations and Warranties: Standard and project-specific representations and warranties

11. Covenants: Financial and operational covenants, including project-specific requirements

12. Events of Default: Circumstances constituting default and consequences

13. Project Undertakings: Specific obligations relating to project construction and operation

14. Accounts Structure: Project accounts setup and cash flow waterfall

15. Governing Law and Jurisdiction: Choice of Austrian law and jurisdiction provisions

16. Boilerplate Provisions: Standard contractual provisions including notices, amendments, and assignments

Optional Sections

1. Intercreditor Provisions: Required when multiple lenders or classes of debt are involved in the project financing

2. Step-in Rights: Needed when direct agreements with key project counterparties are required

3. Insurance Requirements: Detailed section required for projects with significant insurance components

4. Environmental and Social Requirements: Required for projects with significant environmental or social impact

5. Government Support: Needed when project involves government guarantees or support

6. Export Credit Agency Provisions: Required when export credit agencies are involved in the financing

7. Islamic Finance Provisions: Required when Islamic finance facilities are part of the financing structure

8. Political Risk Protection: Needed for projects with significant political risk exposure

Suggested Schedules

1. Schedule 1 - Project Description: Detailed description of the project and technical specifications

2. Schedule 2 - Construction Schedule: Detailed timeline for project construction and completion milestones

3. Schedule 3 - Financial Model: Base case financial model and key assumptions

4. Schedule 4 - Form of Drawdown Request: Standard form for drawdown requests

5. Schedule 5 - Security Documents: List and forms of security documents

6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and specifications

7. Schedule 7 - Project Contracts: List and copies of material project contracts

8. Schedule 8 - Permits and Authorizations: List of required permits and their status

9. Schedule 9 - Form of Compliance Certificate: Standard form for periodic compliance certification

10. Schedule 10 - Account Structure: Detailed description of project accounts and cash flow waterfall

11. Appendix A - Technical Advisor's Report: Independent technical assessment of the project

12. Appendix B - Environmental and Social Impact Assessment: Environmental and social impact studies and mitigation plans

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
Accordion Facility
Account Bank
Affiliate
Agent
Applicable Law
Approved Budget
Assignment
Authorizations
Available Commitment
Available Facility
Base Case Financial Model
Borrower
Break Costs
Business Day
Cash Flow Available for Debt Service
Change of Control
Commercial Operation Date
Commitment
Completion Date
Compliance Certificate
Construction Budget
Construction Contract
Construction Period
Cost Overrun
Debt Service Coverage Ratio
Debt Service Reserve Account
Default
Default Interest
Defaulting Lender
Drawdown
Drawdown Date
Drawdown Notice
Environmental Laws
Environmental Permits
EPC Contract
Event of Default
Facility
Facility Office
Fee Letter
Finance Documents
Finance Parties
Financial Close
Financial Indebtedness
Financial Model
Financial Year
Force Majeure
Good Industry Practice
Governmental Authority
Grace Period
Hedging Agreement
Hold Account
Insurance Proceeds
Interest Payment Date
Interest Period
Lenders
Loan
Major Project Documents
Margin
Material Adverse Effect
O&M Agreement
O&M Contractor
Operating Budget
Operating Costs
Operating Period
Original Financial Statements
Participating Member State
Party
Permitted Security
Project
Project Accounts
Project Assets
Project Completion
Project Contracts
Project Costs
Project Documents
Project Revenues
Project Site
Quote Day
Reference Banks
Reference Rate
Repayment Date
Repayment Schedule
Repeating Representations
Required Insurance
Reserve Accounts
Sanctions
Screen Rate
Security
Security Documents
Security Interest
Security Period
Security Trust Deed
Security Trustee
Shareholders
Sponsor
Subsidiary
Tax
Technical Advisor
Technical Description
Term
Testing Date
Transaction Documents
Transfer Certificate
Unpaid Sum
Utilization
VAT
Clauses
Relevant Industries

Infrastructure

Energy and Utilities

Renewable Energy

Transportation

Real Estate Development

Industrial and Manufacturing

Mining and Natural Resources

Telecommunications

Healthcare Infrastructure

Waste Management

Agriculture and Food Processing

Relevant Teams

Legal

Finance

Treasury

Risk Management

Project Management

Corporate Finance

Compliance

Credit

Operations

Technical Services

Environmental

Investment

Relevant Roles

Chief Financial Officer

Finance Director

Project Finance Manager

Legal Counsel

Project Director

Risk Manager

Investment Manager

Treasury Manager

Corporate Finance Manager

Senior Banker

Project Finance Lawyer

Compliance Officer

Credit Risk Officer

Investment Analyst

Project Manager

Technical Director

Environmental Compliance Manager

Operations Director

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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