The Secured Loan Note is a fundamental financing instrument used in Austrian commercial lending transactions where the lender requires security for the loan amount. This document type is commonly employed when businesses seek secured financing while providing specific assets or rights as collateral. The Secured Loan Note combines elements of both a loan agreement and security documentation, structured to comply with Austrian civil law, banking regulations, and security interest requirements. It is particularly useful in scenarios requiring detailed documentation of both the lending terms and security arrangements in a single instrument, while ensuring enforceability under Austrian law. The document includes essential provisions for loan terms, security creation, perfection requirements, and enforcement mechanisms, making it suitable for various commercial financing transactions where collateral-backed lending is required.
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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 security arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Loan Amount and Purpose: Specification of the principal amount and permitted use of funds
5. Interest: Interest rate, calculation method, and payment periods
6. Repayment Terms: Schedule and methods of repayment, including any installment provisions
7. Security: Description of the security interest, collateral, and perfection requirements
8. Representations and Warranties: Standard representations by the borrower regarding legal capacity, authority, and collateral ownership
9. Covenants: Ongoing obligations of the borrower regarding business operations and collateral maintenance
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Rights and remedies of the lender upon default
12. Notices: Communication requirements and contact details
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Tax Provisions: Include when there are specific tax implications or withholding requirements
2. Insurance Requirements: Include when specific insurance must be maintained for the collateral
3. Assignment and Transfer: Include when the note may be transferable or when assignment rights need to be restricted
4. Security Agent: Include when there are multiple lenders requiring a security agent
5. Guarantee: Include when there are third-party guarantors
6. Financial Covenants: Include when specific financial metrics must be maintained
7. Costs and Expenses: Include when there are specific provisions about transaction costs and enforcement expenses
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Collateral Description: Detailed description and/or list of assets comprising the security
3. Form of Notice of Assignment: Template for any required notices of assignment
4. Conditions Precedent: List of documents and conditions required before drawdown
5. Form of Compliance Certificate: Template for periodic compliance certification
6. Security Documents: Forms of any additional security documentation required under Austrian law
7. Insurance Requirements: Detailed specifications of required insurance coverage
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