Secured Loan Note Template for Austria

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Key Requirements PROMPT example:

Secured Loan Note

"I need a Secured Loan Note under Austrian law for a €5 million equipment financing between ABC Bank AG as lender and XYZ Manufacturing GmbH as borrower, with manufacturing equipment as collateral and first drawdown scheduled for March 2025."

Document background
The Secured Loan Note is a fundamental financing instrument used in Austrian commercial lending transactions where the lender requires security for the loan amount. This document type is commonly employed when businesses seek secured financing while providing specific assets or rights as collateral. The Secured Loan Note combines elements of both a loan agreement and security documentation, structured to comply with Austrian civil law, banking regulations, and security interest requirements. It is particularly useful in scenarios requiring detailed documentation of both the lending terms and security arrangements in a single instrument, while ensuring enforceability under Austrian law. The document includes essential provisions for loan terms, security creation, perfection requirements, and enforcement mechanisms, making it suitable for various commercial financing transactions where collateral-backed lending is required.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan agreement and security arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Loan Amount and Purpose: Specification of the principal amount and permitted use of funds

5. Interest: Interest rate, calculation method, and payment periods

6. Repayment Terms: Schedule and methods of repayment, including any installment provisions

7. Security: Description of the security interest, collateral, and perfection requirements

8. Representations and Warranties: Standard representations by the borrower regarding legal capacity, authority, and collateral ownership

9. Covenants: Ongoing obligations of the borrower regarding business operations and collateral maintenance

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Rights and remedies of the lender upon default

12. Notices: Communication requirements and contact details

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

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Tax Provisions: Include when there are specific tax implications or withholding requirements

2. Insurance Requirements: Include when specific insurance must be maintained for the collateral

3. Assignment and Transfer: Include when the note may be transferable or when assignment rights need to be restricted

4. Security Agent: Include when there are multiple lenders requiring a security agent

5. Guarantee: Include when there are third-party guarantors

6. Financial Covenants: Include when specific financial metrics must be maintained

7. Costs and Expenses: Include when there are specific provisions about transaction costs and enforcement expenses

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Collateral Description: Detailed description and/or list of assets comprising the security

3. Form of Notice of Assignment: Template for any required notices of assignment

4. Conditions Precedent: List of documents and conditions required before drawdown

5. Form of Compliance Certificate: Template for periodic compliance certification

6. Security Documents: Forms of any additional security documentation required under Austrian law

7. Insurance Requirements: Detailed specifications of required insurance coverage

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

Financial Services

Real Estate

Manufacturing

Infrastructure

Energy

Technology

Healthcare

Construction

Transportation

Retail

Agriculture

Mining

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Secretariat

Investment

Banking Operations

Commercial

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Lawyer

Compliance Officer

Risk Manager

Credit Manager

Commercial Director

Investment Manager

Corporate Secretary

Financial Controller

Banking Relationship Manager

Loan Officer

Security Trustee 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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