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Debt Novation Agreement
"I need a Debt Novation Agreement under Austrian law for our corporate restructuring where our subsidiary (NewCo GmbH) will take over a 鈧5 million existing loan from our parent company (ParentCo AG), with the transfer to be effective from March 1, 2025."
1. Parties: Identification of all parties: original creditor, original debtor, and new debtor
2. Background: Description of the existing debt obligation and the parties' intention to novate
3. Definitions: Definitions of key terms used throughout the agreement
4. Original Debt: Detailed description of the existing debt obligation being novated
5. Novation: Core provisions effecting the novation, including the extinction of the original debt and creation of the new obligation
6. New Debt Terms: Terms and conditions of the new debt obligation
7. Representations and Warranties: Standard representations and warranties from all parties
8. Effective Date: Specification of when the novation takes effect
9. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
10. Execution: Signature blocks and execution formalities
1. Security Arrangements: Required if there are any security interests or guarantees that need to be addressed or transferred
2. Conditions Precedent: Include if the novation is subject to certain conditions being met
3. Consent of Original Creditor: Specific section required if the original creditor is not a direct party but needs to consent
4. Tax Provisions: Include if there are specific tax implications that need to be addressed
5. Notices: Include if ongoing notices or communications between parties are required
6. Third Party Rights: Required if any third party rights are affected by the novation
7. Release and Waiver: Include if specific releases or waivers are needed from any party
1. Schedule 1 - Original Debt Details: Detailed description of the original debt including amount, interest rate, payment terms, and any security
2. Schedule 2 - New Debt Terms: Detailed terms of the new debt obligation including amount, interest rate, and payment schedule
3. Schedule 3 - Security Details: Details of any security arrangements that are being transferred or created
4. Schedule 4 - Existing Agreements: List and copies of all relevant existing agreements being novated or affected
5. Schedule 5 - Form of Notices: Template forms for any required notices under the agreement
Authors
Banking and Financial Services
Corporate Finance
Real Estate
Manufacturing
Construction
Energy
Infrastructure
Retail
Healthcare
Technology
Professional Services
Legal
Finance
Treasury
Credit Management
Risk Management
Compliance
Corporate Secretariat
Debt Management
Banking Relations
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Debt Management Officer
Credit Manager
Risk Manager
Financial Controller
Restructuring Officer
Company Secretary
Compliance Officer
Senior Finance Manager
Banking Relationship Manager
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