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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."
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
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
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
Banking Day
Business Day
Collection Account
Debtor
Default Interest
Delegate
Disposal
Dispute
Enforcement Event
Enforcement Notice
Event of Default
Finance Documents
Financial Indebtedness
Future Receivables
Insolvency Event
Insolvency Proceedings
Legal Reservation
Material Adverse Effect
Notice of Pledge
Original Debtor
Parallel Debt
Permitted Disposal
Permitted Security
Pledge
Pledged Receivables
Pledged Rights
Pledgor's Group
Receiver
Recoveries
Related Rights
Secured Obligations
Secured Parties
Security Assets
Security Interest
Security Period
Security Provider
Subsidiary
Tax
Transaction Security
Underlying Contract
Creation of Security
Secured Obligations
Perfection and Further Assurance
Representations and Warranties
Positive Undertakings
Negative Undertakings
Collection Rights
Bank Accounts
Enforcement
Power of Attorney
Release and Discharge
Costs and Expenses
Indemnities
Set-off
Currency
Assignment and Transfer
Notices
Severability
Amendments
Governing Law
Jurisdiction
Service of Process
Waiver of Immunity
Counterparts
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
Legal
Finance
Treasury
Credit Risk
Corporate Finance
Accounts Receivable
Commercial
Banking
Compliance
Corporate Secretariat
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
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