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Project Finance Agreement Template for Austria

A Project Finance Agreement under Austrian law is a comprehensive financing document that establishes the terms and conditions for providing long-term financing to a specific project. Operating within the Austrian legal framework and EU regulations, this agreement details the lending structure, security arrangements, project implementation requirements, and risk allocation mechanisms. It incorporates specific provisions required under Austrian banking and securities laws while ensuring compliance with EU financial regulations. The document serves as the primary financing agreement that governs the relationship between lenders and the project company, including detailed provisions for drawdown mechanisms, repayment terms, project monitoring, and security arrangements.

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What is a Project Finance Agreement?

The Project Finance Agreement is a fundamental document used in financing large-scale projects where the financing is primarily secured by the project's assets and cash flows rather than the sponsors' balance sheets. This agreement, governed by Austrian law, serves as the cornerstone document that establishes the relationship between the lenders and the project company, detailing all aspects of the financing arrangement including facility terms, security structure, conditions precedent, and ongoing project requirements. It is particularly vital for capital-intensive projects where risk allocation and detailed financial structuring are essential. The document must comply with Austrian banking regulations, securities laws, and EU financial directives, while incorporating international project finance best practices. The Project Finance Agreement is typically used when implementing infrastructure, energy, or other large-scale projects that require substantial capital investment and involve multiple stakeholders.

What sections should be included in a Project Finance Agreement?

1. Parties: Identification of all parties to the agreement including lenders, borrowers, sponsors, and any guarantors

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

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Facility and Purpose: Details of the financing facility, amounts, and permitted use of proceeds

5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility

6. Drawdown Mechanics: Procedures and requirements for drawing down the facility

7. Repayment Terms: Schedule and mechanisms for repayment of the facility

8. Interest and Fees: Interest calculation, payment terms, and applicable fees

9. Security Structure: Overview of security package and ranking of security interests

10. Representations and Warranties: Standard and project-specific representations and warranties

11. Covenants: Financial and operational covenants, including project-specific requirements

12. Events of Default: Circumstances constituting default and consequences

13. Project Undertakings: Specific obligations relating to project construction and operation

14. Accounts Structure: Project accounts setup and cash flow waterfall

15. Governing Law and Jurisdiction: Choice of Austrian law and jurisdiction provisions

16. Boilerplate Provisions: Standard contractual provisions including notices, amendments, and assignments

What sections are optional to include in a Project Finance Agreement?

1. Intercreditor Provisions: Required when multiple lenders or classes of debt are involved in the project financing

2. Step-in Rights: Needed when direct agreements with key project counterparties are required

3. Insurance Requirements: Detailed section required for projects with significant insurance components

4. Environmental and Social Requirements: Required for projects with significant environmental or social impact

5. Government Support: Needed when project involves government guarantees or support

6. Export Credit Agency Provisions: Required when export credit agencies are involved in the financing

7. Islamic Finance Provisions: Required when Islamic finance facilities are part of the financing structure

8. Political Risk Protection: Needed for projects with significant political risk exposure

What schedules should be included in a Project Finance Agreement?

1. Schedule 1 - Project Description: Detailed description of the project and technical specifications

2. Schedule 2 - Construction Schedule: Detailed timeline for project construction and completion milestones

3. Schedule 3 - Financial Model: Base case financial model and key assumptions

4. Schedule 4 - Form of Drawdown Request: Standard form for drawdown requests

5. Schedule 5 - Security Documents: List and forms of security documents

6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and specifications

7. Schedule 7 - Project Contracts: List and copies of material project contracts

8. Schedule 8 - Permits and Authorizations: List of required permits and their status

9. Schedule 9 - Form of Compliance Certificate: Standard form for periodic compliance certification

10. Schedule 10 - Account Structure: Detailed description of project accounts and cash flow waterfall

11. Appendix A - Technical Advisor's Report: Independent technical assessment of the project

12. Appendix B - Environmental and Social Impact Assessment: Environmental and social impact studies and mitigation plans

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

Jurisdiction

Austria

Document Type

Finance Agreement

Cost

Free to use

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