Senior Loan Agreement Template for Austria

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Key Requirements PROMPT example:

Senior Loan Agreement

"I need a Senior Loan Agreement under Austrian law for a €5 million secured facility between ABC Bank AG as lender and XYZ Manufacturing GmbH as borrower, with first-ranking security over the borrower's manufacturing equipment and a five-year term starting March 2025."

Document background
The Senior Loan Agreement is a fundamental document in corporate financing, used when a company seeks senior debt financing from banks or financial institutions. This agreement, governed by Austrian law, establishes the primary terms of the lending relationship, including facility amount, interest calculations, repayment schedules, and security arrangements. It incorporates specific requirements under Austrian legislation, particularly the ABGB and BWG, while maintaining market-standard provisions for senior debt. The document is essential for both bilateral and syndicated lending arrangements, providing senior lenders with priority in payment and security rights over subordinated creditors. It includes comprehensive covenants, representations, and warranties to protect lenders' interests, along with detailed conditions precedent and ongoing compliance requirements for the borrower.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s) and any guarantors

2. Background: Context of the loan agreement and purpose of the facility

3. Definitions and Interpretation: Comprehensive definitions of terms used and rules of interpretation

4. The Facility: Core terms of the loan including amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Procedures and requirements for utilizing the loan

7. Interest: Interest calculation, periods, and payment provisions

8. Repayment and Prepayment: Terms for scheduled repayment and voluntary/mandatory prepayment

9. Representations and Warranties: Borrower's representations about its status and capacity

10. Information Undertakings: Borrower's obligations to provide financial and other information

11. Financial Covenants: Financial ratios and tests the borrower must maintain

12. General Undertakings: Positive and negative covenants governing borrower's activities

13. Events of Default: Circumstances that trigger default and lender's enforcement rights

14. Changes to Parties: Provisions for transfer, assignment, and syndication

15. Payment Mechanics: Procedures for making payments under the agreement

16. Set-off: Rights of set-off and application of payments

17. Notices: Communication procedures between parties

18. Calculations and Certificates: Rules for calculations and evidential value of certificates

19. Miscellaneous: General boilerplate provisions

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

Optional Sections

1. Security: Required if the loan is secured by specific assets or guarantees

2. Accordion Facility: Optional section for potential facility increase provisions

3. Majority Lenders: Required for syndicated loans with multiple lenders

4. Agency Provisions: Required for syndicated loans with an agent bank

5. Market Disruption: Optional provisions for dealing with market disruption events

6. Increased Costs: Optional provisions for dealing with regulatory changes affecting lenders

7. Tax Gross-Up and Indemnities: Detailed tax provisions if cross-border elements exist

8. Currency Provisions: Required if multiple currencies are involved

9. Anti-corruption Provisions: Enhanced compliance provisions for regulated borrowers or lenders

Suggested Schedules

1. Schedule 1 - Conditions Precedent Documents: List of required documents and conditions

2. Schedule 2 - Form of Drawdown Request: Template for borrower to request loan disbursement

3. Schedule 3 - Form of Transfer Certificate: Template for transferring loan participations

4. Schedule 4 - Form of Compliance Certificate: Template for periodic financial covenant compliance

5. Schedule 5 - Repayment Schedule: Detailed amortization schedule if applicable

6. Schedule 6 - Security Documents: List and copies of security documentation

7. Schedule 7 - Financial Covenant Calculations: Detailed methodology for financial covenant calculations

8. Schedule 8 - Contact Details: List of authorized contacts and notice details

9. Appendix A - Form of Legal Opinions: Template legal opinions required from counsel

10. Appendix B - Form of Security Documents: Templates for security documentation if applicable

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

Corporate Lending

Investment Banking

Real Estate & Construction

Manufacturing & Industrial

Energy & Utilities

Infrastructure

Technology

Healthcare

Retail & Consumer Goods

Transportation & Logistics

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Finance

Credit

Banking

Investment

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Banking Lawyer

Relationship Manager

Credit Officer

Risk Manager

Compliance Officer

Corporate Finance Manager

Investment Manager

Loan Officer

Transaction Manager

Financial Controller

Chief Legal Officer

Banking Executive

Debt Finance 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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