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Loan Assumption Agreement Template for Austria

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Key Requirements PROMPT example:

Loan Assumption Agreement

"I need a Loan Assumption Agreement under Austrian law for a 鈧2.5M commercial property loan, where the assuming borrower is taking over all obligations from March 2025, and the original borrower needs to be fully released from all obligations."

Document background
The Loan Assumption Agreement is a critical document used when one party wishes to take over the loan obligations of another under Austrian law. This situation commonly arises in corporate acquisitions, real estate transactions, or business restructuring where the assuming party agrees to become responsible for an existing loan. The agreement must comply with Austrian civil law requirements, particularly the ABGB (Austrian Civil Code) provisions regarding debt assumption (Schuld眉bernahme) and the Austrian Banking Act (BWG). The document typically includes detailed information about the original loan, terms of assumption, any modifications to the original terms, security arrangements, and the respective rights and obligations of all parties. It requires careful consideration of banking regulations, security interests, and often involves notarization requirements specific to Austrian jurisdiction.
Suggested Sections

1. Parties: Identification of the Lender, Original Borrower, and Assuming Borrower

2. Background: Details of the original loan agreement, current outstanding amount, and reason for assumption

3. Definitions: Definitions of key terms used throughout the agreement

4. Original Loan Details: Specific details of the original loan being assumed, including date, amount, and current balance

5. Assumption of Obligations: Express assumption of loan obligations by the Assuming Borrower

6. Lender's Consent: Express consent of the Lender to the assumption of the loan

7. Representations and Warranties: Statements by the Assuming Borrower regarding their capacity and ability to perform

8. Continuation of Security: Confirmation that existing security interests remain in effect

9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

10. Execution: Signature blocks for all parties

Optional Sections

1. Release of Original Borrower: Include when the Original Borrower is to be fully released from obligations

2. Modified Loan Terms: Include when any original loan terms are being modified as part of the assumption

3. Additional Security: Include when new security is being provided by the Assuming Borrower

4. Conditions Precedent: Include when the assumption is subject to specific conditions being met

5. Fees and Expenses: Include when there are specific fees associated with the assumption

6. Tax Provisions: Include when specific tax implications need to be addressed

7. Joint and Several Liability: Include when the Original Borrower remains partially liable

Suggested Schedules

1. Original Loan Agreement: Copy of the original loan agreement being assumed

2. Current Loan Balance: Detailed statement of the current loan balance and payment history

3. Payment Schedule: Updated payment schedule reflecting any modifications

4. Existing Security Documents: List and copies of all existing security documents

5. Due Diligence Documents: Financial information and documentation provided by the Assuming Borrower

6. Consent Requirements: List of required third-party consents and their status

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
Clauses






























Relevant Industries

Banking and Financial Services

Real Estate

Construction

Manufacturing

Retail

Healthcare

Technology

Infrastructure

Energy

Transportation

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Secretariat

Real Estate

Banking Operations

Deal Advisory

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Lawyer

Risk Manager

Credit Manager

Treasury Manager

Financial Controller

Compliance Officer

Real Estate Manager

Corporate Secretary

Managing Director

Finance Manager

Debt 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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