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Debt Novation Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Debt Novation Agreement is a crucial legal instrument used in Austrian business and financial transactions when parties wish to substitute an existing debt obligation with a new one. This document type is commonly employed in corporate restructuring, refinancing arrangements, or when changing key terms of a debt obligation. Governed by Austrian law, particularly Section 1376 of the Austrian Civil Code (ABGB), the agreement must carefully detail both the extinction of the original debt and the creation of the new obligation. It's essential in situations where a simple amendment or assignment won't suffice, as it creates a completely new obligation while terminating the original one. The document typically includes comprehensive details about both the original and new debt arrangements, any security interests, and the specific conditions under which the novation becomes effective.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Banking and Financial Services

Corporate Finance

Real Estate

Manufacturing

Construction

Energy

Infrastructure

Retail

Healthcare

Technology

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Management

Risk Management

Compliance

Corporate Secretariat

Debt Management

Banking Relations

Relevant Roles

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

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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