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The Credit Facilities Agreement under Austrian law serves as the primary documentation for lending arrangements between financial institutions and borrowers in Austria. This document is essential when establishing credit facilities such as term loans, revolving credit facilities, or other financing arrangements. It must comply with Austrian banking regulations, particularly the Bankwesengesetz (BWG), the Austrian Civil Code (ABGB), and relevant EU directives. The agreement typically includes detailed provisions on facility terms, drawdown mechanics, security arrangements, representations, warranties, and covenants. It's commonly used for corporate financing, project finance, acquisition finance, or general working capital purposes. The document needs to address specific Austrian legal requirements regarding security interests, consumer protection (where applicable), and banking regulations while ensuring alignment with EU financial services legislation.

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

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

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

4. The Facilities: Details of the credit facilities being made available, including types, amounts, and purpose

5. Purpose: Specified permitted uses of the facility amounts

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

7. Utilisation: Mechanics and procedures for drawing down the facilities

8. Repayment: Terms and schedule for repayment of the facilities

9. Prepayment and Cancellation: Provisions for voluntary and mandatory prepayment and facility cancellation

10. Interest: Interest calculation, periods, payment dates, and default interest

11. Fees: All fees payable under the facility, including arrangement, commitment, and other fees

12. Tax Gross Up and Indemnities: Provisions dealing with tax implications and related indemnities

13. Increased Costs: Provisions for dealing with changes in costs due to regulatory or legal changes

14. Representations: Borrower's representations and warranties

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

16. Financial Covenants: Financial ratios and other financial commitments the borrower must maintain

17. General Undertakings: General positive and negative covenants of the borrower

18. Events of Default: Circumstances constituting default and consequences

19. Changes to Parties: Provisions regarding assignments and transfers

20. Payment Mechanics: Administrative provisions regarding payments

21. Set-off: Rights of set-off and related provisions

22. Notices: Provisions for giving notices under the agreement

23. Calculations and Certificates: Provisions regarding calculations and evidence

24. Partial Invalidity: Severability provisions

25. Remedies and Waivers: Provisions regarding rights, remedies, and waivers

26. Amendments and Waivers: Process for making changes to the agreement

27. Governing Law: Austrian law as governing law

28. Enforcement: Jurisdiction and dispute resolution provisions