The Default Loan Agreement serves as a standardized template for lending transactions in Austria, designed to comply with Austrian legal requirements while maintaining commercial flexibility. This document is typically used when a financial institution extends credit to either corporate entities or individuals, containing all essential elements required under Austrian law, including the ABGB (Austrian Civil Code) and banking regulations. The agreement incorporates mandatory provisions for consumer protection when applicable, alongside standard commercial terms for interest calculation, repayment structures, and default scenarios. It can be adapted for various lending purposes, from business loans to personal credit, and includes options for both secured and unsecured lending arrangements. The Default Loan Agreement provides a comprehensive framework that ensures legal compliance while protecting the interests of both lender and borrower under Austrian jurisdiction.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. The Loan: Core loan terms including principal amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment: Repayment schedule, method of payment, and prepayment terms
7. Representations and Warranties: Statements of fact and assurances given by the borrower
8. Borrower Covenants: Ongoing obligations of the borrower during the loan term
9. Events of Default: Circumstances constituting default and consequences thereof
10. Costs and Expenses: Allocation of costs related to the loan agreement
11. Notices: Communication methods and contact details for formal notices
12. Governing Law and Jurisdiction: Specification of Austrian law governance and jurisdiction
13. Execution: Signature blocks and execution formalities
1. Security: Required when loan is secured by collateral, detailing the security arrangement
2. Guarantees: Used when a third party guarantees the loan
3. Insurance Requirements: Required when specific insurance must be maintained for secured assets
4. Financial Covenants: For business loans requiring financial ratio maintenance
5. Tax Provisions: Detailed tax arrangements when complex tax implications exist
6. Assignment and Transfer: Required when transfer rights are to be included
7. Consumer Protection Provisions: Additional provisions required for consumer loans under KSchG
8. Data Protection: Detailed privacy provisions when extensive personal data processing is involved
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Drawdown Conditions Precedent: List of documents and conditions required before loan disbursement
3. Form of Drawdown Request: Template for borrower to request loan disbursement
4. Security Details: Detailed description of any collateral or security arrangements
5. Fee Schedule: Breakdown of all applicable fees and charges
6. Calculation of Interest Rate: Detailed methodology for interest calculation
7. Required Insurance: Specifications of required insurance coverage
8. Form of Compliance Certificate: Template for periodic compliance reporting
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