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Credit And Security Agreement
"I need a Credit and Security Agreement under Austrian law for a 鈧5 million term loan to finance the acquisition of manufacturing equipment, with the equipment itself serving as collateral and first drawdown planned for March 2025."
1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers
2. Background: Context of the credit facility and security arrangement
3. Definitions and Interpretation: Defined terms, construction rules, and interpretation principles
4. The Facility: Credit amount, purpose, availability period, and drawdown conditions
5. Interest and Fees: Interest calculation, payment dates, default interest, and applicable fees
6. Repayment and Prepayment: Repayment schedule, voluntary and mandatory prepayment provisions
7. Security: Creation and perfection of security interests, secured obligations
8. Representations and Warranties: Borrower's and security provider's representations
9. Information Undertakings: Financial and other information reporting obligations
10. General Undertakings: Positive and negative covenants of the borrower
11. Events of Default: Default triggers and consequences
12. Changes to Parties: Assignment and transfer provisions
13. Administration: Payment mechanics, notices, calculations
14. Governing Law and Jurisdiction: Austrian law application and jurisdiction provisions
1. Security Trustee Provisions: Required for syndicated facilities with multiple lenders to regulate the security trustee role
2. Guarantee: Include when third-party guarantees are part of the security package
3. Accordion Facility: Optional section for potential facility increase provisions
4. Tax Gross-Up and Indemnities: Detailed tax provisions if cross-border elements exist
5. Increased Costs: Required for longer-term facilities to address regulatory change risks
6. Market Disruption: Needed for facilities with floating interest rates
7. Anti-corruption and Sanctions: Required for international lenders or borrowers
8. Parallel Debt: Include when security interests need to be held through a security agent
1. Conditions Precedent: List of required documents and conditions for facility effectiveness
2. Form of Drawdown Request: Template for borrower to request loan disbursements
3. Form of Transfer Certificate: Template for transferring loan participations
4. Security Documents: Forms of specific security agreements (pledges, mortgages, etc.)
5. Repayment Schedule: Detailed amortization schedule if term loan
6. Financial Covenants Calculations: Methodology for calculating financial covenants
7. Security Assets Schedule: Detailed description of secured assets
8. Existing Security and Permitted Indebtedness: List of permitted existing encumbrances and debt
9. Form of Compliance Certificate: Template for periodic compliance reporting
Authors
Banking & Financial Services
Real Estate & Construction
Manufacturing & Industrial
Retail & Consumer Goods
Technology & Software
Healthcare & Life Sciences
Energy & Utilities
Infrastructure & Transportation
Agriculture & Food Production
Hospitality & Tourism
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Administration
Security Administration
Corporate Secretariat
Operations
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Security Trustee
Loan Administrator
Corporate Banking Manager
Risk Officer
Financial Controller
Company Secretary
Managing Director
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