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Intercreditor Agreement Template for Austria

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Key Requirements PROMPT example:

Intercreditor Agreement

"Need an Austrian law Intercreditor Agreement for a 鈧50M real estate financing transaction closing in March 2025, with one senior lender, two mezzanine lenders, and subordinated shareholder loans, including specific provisions for construction phase security enforcement."

Document background
The Intercreditor Agreement is essential in complex financing arrangements where multiple creditors hold different classes of debt against the same borrower or group of borrowers. This document is particularly crucial in Austrian-governed transactions where specific local law considerations must be addressed while maintaining international banking standards. The agreement typically comes into play in leveraged finance transactions, restructurings, or any situation involving multiple tiers of debt. It details crucial aspects such as payment hierarchies, security sharing, enforcement rights, and insolvency scenarios. The document must comply with Austrian security and insolvency laws while providing clarity on creditor rankings and rights. It's commonly used alongside facility agreements and security documents in significant corporate financing transactions.
Suggested Sections

1. Parties: Identification of all parties to the agreement including senior creditors, junior creditors, security agent, and borrower/debtor

2. Background: Context of the financing arrangement and purpose of the intercreditor agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation principles, including Austrian law-specific definitions

4. Ranking and Priority: Establishes the ranking of debts and priority of payments between creditors

5. Payment Provisions: Regulates permitted payments to different creditor classes and payment blockage events

6. Turnover of Receipts: Provisions requiring junior creditors to turn over unauthorized payments to senior creditors

7. Security Enforcement: Rules and procedures for enforcing security, including enforcement standstill periods

8. Insolvency Provisions: Rights and obligations of parties in insolvency scenarios, including Austrian insolvency-specific provisions

9. Purchase Option: Terms under which junior creditors can purchase senior debt

10. Application of Proceeds: Waterfall provisions for the application of enforcement and insolvency proceeds

11. Amendments and Waivers: Procedures for modifying the agreement and granting waivers

12. Notices: Communication requirements and procedures between parties

13. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction provisions

Optional Sections

1. Security Agent Provisions: Detailed provisions regarding the role and responsibilities of the security agent, required if security is held through a security trustee structure

2. Hedging Liabilities: Provisions dealing with hedging obligations and their ranking, required if hedging arrangements are part of the financing structure

3. Subordinated Shareholder Debt: Provisions regarding shareholder loans and their subordination, required if shareholder funding is part of the structure

4. Debt Trading Provisions: Regulations on trading of debt instruments, required if debt is expected to be traded

5. PIK Interest Provisions: Provisions regarding payment-in-kind interest, required for facilities with PIK components

6. Additional Creditor Accession: Mechanics for additional creditors to join the agreement, required for structures anticipating additional debt facilities

7. Release Provisions: Detailed provisions regarding release of security and guarantees, required for complex security structures

Suggested Schedules

1. Form of Accession Deed: Standard form for new parties to accede to the agreement

2. Form of Debtor Accession Deed: Standard form for additional debtors to join the agreement

3. Priority of Security: Detailed ranking and priority of various security interests

4. Form of Resignation Letter: Standard form for resigning parties

5. Security Documents: List and details of all security documents

6. Notice Details: Contact details and notice requirements for all parties

7. Form of Default Notice: Standard form for notification of defaults

8. Enforcement Principles: Detailed principles governing security enforcement

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

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Relevant Industries

Banking & Financial Services

Real Estate

Infrastructure

Manufacturing

Energy

Telecommunications

Healthcare

Retail

Technology

Transportation & Logistics

Construction

Private Equity

Mining & Resources

Hospitality & Leisure

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Finance

Debt Management

Transaction Management

Portfolio Management

Loan Administration

Restructuring

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Lawyer

Debt Finance Manager

Credit Risk Manager

Restructuring Officer

Investment Manager

Transaction Manager

Compliance Officer

Security Trustee Officer

Loan Administrator

Portfolio Manager

Industries








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