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Vendor Finance Agreement
"I need a Vendor Finance Agreement under Austrian law for financing the purchase of manufacturing equipment worth 鈧2.5 million, with quarterly repayments over 5 years starting March 2025, including security over the equipment and a parent company guarantee."
1. Parties: Identification and details of the vendor, purchaser, and any finance provider
2. Background: Context of the transaction, including the underlying sale arrangement and financing purpose
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Facility and Purpose: Details of the financing facility, amount, and permitted use
5. Conditions Precedent: Prerequisites that must be satisfied before the financing becomes available
6. Drawdown and Payment Terms: Procedures for accessing the financing and repayment obligations
7. Interest and Fees: Interest rates, calculation methods, and applicable fees
8. Security and Collateral: Description of security arrangements and collateral requirements
9. Representations and Warranties: Statements of fact and assurances given by the parties
10. Covenants: Ongoing obligations and restrictions on the parties
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement Rights: Rights and remedies available upon default
13. Indemnification: Obligations to compensate for losses or damages
14. Confidentiality: Obligations regarding confidential information
15. Notices: Communication procedures between parties
16. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions
17. Miscellaneous: Standard boilerplate provisions including assignment, amendments, and severability
1. Guarantees: Required when third-party guarantees are part of the security structure
2. Insurance: Detailed insurance requirements when specific coverage is required for financed assets
3. Tax Provisions: Specific tax-related provisions when complex tax implications exist
4. Regulatory Compliance: Special regulatory requirements for specific industries or transaction types
5. Assignment and Syndication: Required when the finance provider may want to assign or syndicate the facility
6. Step-In Rights: Needed when the finance provider requires rights to take over the underlying sale contract
7. Inter-creditor Provisions: Required when multiple creditors are involved in the financing structure
1. Schedule 1 - Facility Details: Detailed terms of the facility including amounts, interest rates, and fees
2. Schedule 2 - Conditions Precedent: List of all required documents and conditions to be satisfied
3. Schedule 3 - Form of Drawdown Request: Template for requesting disbursements under the facility
4. Schedule 4 - Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Schedule 5 - Security Documents: List and copies of all security documents
6. Schedule 6 - Form of Compliance Certificate: Template for periodic compliance certification
7. Appendix A - Asset Schedule: Detailed list of assets being financed
8. Appendix B - Calculation of Interest and Fees: Detailed methodology for calculating interest and fees
Authors
Manufacturing
Technology
Industrial Equipment
Construction
Healthcare
Transportation
Agriculture
Energy
Telecommunications
Infrastructure
Legal
Finance
Treasury
Credit
Risk Management
Sales
Procurement
Operations
Commercial
Compliance
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Commercial Director
Legal Counsel
Contract Manager
Credit Manager
Risk Manager
Sales Director
Procurement Manager
Business Development Manager
Financial Controller
Account Executive
Operations Director
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