The Trade Finance Agreement serves as the primary legal framework for establishing and governing trade financing relationships between financial institutions and commercial entities in Austria. This document is essential when businesses require financing for international trade operations, working capital, or trade-related guarantees. The agreement encompasses detailed provisions for various trade finance products, security arrangements, and operational procedures, all structured within the Austrian legal framework, particularly the Banking Act (BWG) and Commercial Code (UGB). It includes comprehensive terms for facility utilization, risk management, compliance requirements, and security arrangements. The Trade Finance Agreement is particularly crucial for businesses engaged in international trade, requiring careful consideration of both Austrian domestic regulations and relevant EU directives governing cross-border financial transactions.
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1. Parties: Identification of the financial institution(s) and the client(s), including their full legal names, registration details, and addresses
2. Background: Context of the trade finance arrangement, relationship between parties, and general purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Facility Terms: Core terms of the trade finance facility, including type, amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Utilization Procedures: Process and requirements for drawing down or utilizing the facility
7. Interest and Fees: Interest rates, calculation methods, fees, and charges applicable to the facility
8. Repayment Terms: Terms and schedule for repayment of amounts utilized under the facility
9. Security and Collateral: Security arrangements, including types of collateral and maintenance requirements
10. Representations and Warranties: Statements of fact and assurances given by the client
11. Covenants: Ongoing obligations and restrictions on the client's activities
12. Events of Default: Circumstances constituting default and consequences thereof
13. Payments and Calculations: Payment mechanics, currency provisions, and calculation conventions
14. Changes to Parties: Rules regarding assignment, transfer, and delegation of rights and obligations
15. Notices and Communications: Methods and requirements for formal communications between parties
16. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Trade Finance Products: Detailed terms for specific trade finance products (e.g., letters of credit, guarantees) - include when multiple products are offered
2. Electronic Trading Platforms: Terms for use of electronic platforms - include when electronic trading or documentation is part of the arrangement
3. Currency Hedging: Provisions for foreign exchange risk management - include when currency hedging is part of the facility
4. Syndication Provisions: Terms for syndicated facilities - include when multiple lenders are involved
5. Islamic Finance Provisions: Specific provisions for Sharia-compliant trade finance - include when Islamic finance principles apply
6. Agency and Trust Provisions: Terms regarding agent or trustee roles - include in multi-lender facilities
7. Sanctions and Anti-Money Laundering: Detailed compliance requirements - include when dealing with high-risk jurisdictions or products
1. Facility Terms Sheet: Detailed commercial terms including limits, pricing, and specific product parameters
2. Conditions Precedent Documents: List of required documents and evidence to be provided before facility utilization
3. Form of Utilization Request: Standard form for requesting utilization of the facility
4. Security Documents: Forms of security documents and collateral arrangements
5. Fee Schedule: Detailed breakdown of all fees and charges
6. Form of Compliance Certificate: Template for periodic compliance certification
7. Authorized Signatories: List of persons authorized to act on behalf of each party
8. Trade Finance Product Terms: Specific terms and conditions for each trade finance product offered
9. Required Documents: List of documents required for different types of trade transactions
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