Receivables Pledge Agreement Template for Austria

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Key Requirements PROMPT example:

Receivables Pledge Agreement

"I need a Receivables Pledge Agreement under Austrian law to secure a €5 million loan from ABC Bank AG, pledging my company's receivables from three specific construction contracts."

Document background
The Receivables Pledge Agreement is a crucial security document used in Austrian financing transactions where a lender requires security over a borrower's receivables. It is commonly used in both bilateral and syndicated lending arrangements, project financing, and general corporate financing. The agreement must comply with Austrian security and perfection requirements, including specific formalities for creating an enforceable pledge over receivables. The document typically supports a larger financing structure and includes detailed provisions on the identification of pledged receivables, notification requirements to debtors, collection mechanisms, and enforcement procedures. This type of agreement is particularly important in Austria where the creation and perfection of security interests over receivables must follow specific statutory requirements to ensure validity and enforceability.
Suggested Sections

1. Parties: Identification of the pledgor and pledgee, including their registration details and addresses

2. Background: Context of the pledge agreement, typically referencing the underlying facility or credit agreement

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

4. Creation of Pledge: Core provisions establishing the pledge over the receivables

5. Scope of Security: Detailed description of the receivables being pledged and the secured obligations

6. Perfection Requirements: Steps required to perfect the pledge, including notification requirements and registration procedures

7. Representations and Warranties: Pledgor's confirmations regarding ownership, authority, and status of the receivables

8. Undertakings: Ongoing obligations of the pledgor regarding the pledged receivables

9. Enforcement: Circumstances and procedures for enforcing the pledge

10. Power of Attorney: Authorization for the pledgee to act on behalf of the pledgor in specific circumstances

11. Costs and Expenses: Allocation of costs related to the agreement and its enforcement

12. Notices: Communication procedures between parties

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

Optional Sections

1. Further Assurance: Additional actions the pledgor must take to perfect or protect the security - included when specific future actions are anticipated

2. Bank Account Provisions: Specific provisions for pledged receivables paid into bank accounts - included when account security is relevant

3. Release and Discharge: Conditions and process for releasing the pledge - included in more complex transactions

4. Assignment and Transfer: Provisions regarding the transfer of rights under the agreement - included when transferability is important

5. Parallel Debt: Creation of parallel obligations for security agent structures - included in syndicated financing

6. Data Protection: GDPR compliance provisions - included when personal data is involved

7. Currency Provisions: Provisions dealing with multiple currencies - included when receivables are in different currencies

Suggested Schedules

1. Schedule 1 - Pledged Receivables: Detailed list and description of the receivables subject to the pledge

2. Schedule 2 - Form of Notice to Debtors: Template notification to inform debtors of the pledged receivables

3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be signed by debtors

4. Schedule 4 - Perfection Requirements: Detailed checklist of actions required for perfection

5. Schedule 5 - Power of Attorney: Form of power of attorney if required to be executed separately

6. Appendix A - Underlying Contracts: Copies or details of contracts giving rise to the pledged receivables

7. Appendix B - Existing Notices: Copies of any pre-existing notices or arrangements affecting the receivables

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
Relevant Industries

Banking and Financial Services

Manufacturing

Wholesale and Distribution

Technology and Software

Construction and Real Estate

Healthcare and Pharmaceuticals

Energy and Utilities

Telecommunications

Professional Services

Retail

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Corporate Finance

Accounts Receivable

Commercial

Banking

Compliance

Corporate Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

General Counsel

Credit Risk Manager

Corporate Finance Manager

Commercial Director

Accounts Receivable Manager

Transaction Manager

Security Trustee

Facility Agent

Corporate Banking Manager

Restructuring Officer

Credit Officer

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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