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Debt Transfer Agreement
"I need a Debt Transfer Agreement under Austrian law for transferring a 鈧2.5 million corporate loan from our subsidiary company to our parent company, with the transfer to take effect from March 1, 2025, and the original security arrangements to remain in place."
1. Parties: Identification of the original debtor, the new debtor, and the creditor
2. Background: Context of the original debt and the reason for the transfer
3. Definitions: Definitions of key terms used throughout the agreement
4. Debt Description: Detailed description of the debt being transferred, including amount, interest rates, and payment terms
5. Transfer Agreement: Core provisions regarding the transfer of the debt from original debtor to new debtor
6. Effective Date: Specification of when the transfer becomes effective
7. Representations and Warranties: Statements of fact and assurances from both original and new debtor
8. Creditor's Consent: Express consent of the creditor to the debt transfer
9. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
1. Security Arrangements: Required if the original debt is secured by collateral or guarantees, addressing the transfer or replacement of security
2. Release Provisions: Include when the original debtor is to be fully released from obligations
3. Conditions Precedent: Include when the transfer is subject to specific conditions being met
4. Tax Provisions: Required when there are specific tax implications of the transfer that need to be addressed
5. Notice Requirements: Include when specific notice requirements to third parties are necessary
6. Assignment and Transfer Restrictions: Include when there are limitations on further transfers or assignments
7. Consumer Protection Provisions: Required when one party is a consumer under Austrian law
1. Schedule 1 - Debt Details: Detailed breakdown of the debt being transferred, including payment history and outstanding amounts
2. Schedule 2 - Payment Terms: Detailed payment terms, including installment schedules if applicable
3. Schedule 3 - Security Details: List and description of any security or collateral associated with the debt
4. Appendix A - Original Loan Agreement: Copy of the original loan or credit agreement creating the debt
5. Appendix B - Security Documentation: Copies of security documents if the debt is secured
6. Appendix C - Consent Documents: Any required third-party consents or regulatory approvals
Authors
Banking and Financial Services
Corporate Services
Real Estate
Manufacturing
Retail
Construction
Professional Services
Healthcare
Technology
Energy
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Development
Credit Management
Debt Recovery
Transaction Advisory
Corporate Restructuring
Chief Financial Officer
Financial Director
Corporate Lawyer
Legal Counsel
Finance Manager
Credit Manager
Risk Manager
Treasury Manager
Debt Restructuring Specialist
Corporate Finance Manager
Compliance Officer
Business Development Director
Transaction Manager
Banking Relationship Manager
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