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1. Parties: Identification of the Seller (creditor) and the Purchaser (factor)
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including Eligible Receivables, Purchase Price, Collection Period, etc.
4. Purchase and Sale of Receivables: Core provisions regarding the sale and assignment of receivables, including purchase mechanism and pricing
5. Eligibility Criteria: Detailed criteria for receivables that can be sold under the agreement
6. Purchase Price and Payment Terms: Calculation of purchase price, payment timing, and any reserves or holdbacks
7. Representations and Warranties: Seller's representations regarding existence and validity of receivables, authority to sell, etc.
8. Covenants: Ongoing obligations of the Seller, including reporting requirements and operational covenants
9. Collection and Servicing: Provisions regarding collection of receivables, accounting for collections, and servicing arrangements
10. Events of Default: Circumstances constituting default and consequences thereof
11. Indemnification: Mutual indemnification obligations and procedures
12. Term and Termination: Duration of agreement and termination rights
13. Confidentiality: Protection of confidential information and trade secrets
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions
16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, amendments, etc.
1. Credit Insurance: Required when receivables are covered by credit insurance, specifying rights and obligations regarding the insurance
2. Security Interest: Include when additional security is provided beyond the receivables themselves
3. Electronic Trading Platform: Required when parties use an electronic platform for receivables trading
4. Cross-Border Provisions: Include when receivables involve foreign debtors or cross-border elements
5. Data Protection: Detailed section required when significant personal data processing is involved
6. Recourse Provisions: Include for agreements with recourse rights against the seller
7. True Sale Provisions: Enhanced provisions when true sale characterization is crucial
8. Sanctions and Anti-Money Laundering: Detailed provisions required for high-risk industries or international transactions
1. Schedule 1 - Form of Assignment Notice: Template for notifying debtors of the assignment
2. Schedule 2 - Eligible Receivables Criteria: Detailed list of criteria for acceptable receivables
3. Schedule 3 - Purchase Price Calculation: Detailed formula and examples for purchase price calculation
4. Schedule 4 - Operational Procedures: Detailed procedures for offering, accepting, and processing receivables
5. Schedule 5 - Reporting Requirements: Templates and specifications for required reports
6. Schedule 6 - Form of Debtor Notification: Template for notifying debtors of the factoring arrangement
7. Schedule 7 - Excluded Debtors: List of debtors whose receivables are excluded from the agreement
8. Schedule 8 - Required Information and Documents: List of documents required for each receivable purchase
Manufacturing
Wholesale Trade
Construction
Transportation and Logistics
Industrial Equipment
Automotive
Textile and Apparel
Healthcare Services
Information Technology
Professional Services
Energy and Utilities
Telecommunications
Food and Beverage
Agricultural Products
Consumer Goods
Finance
Legal
Treasury
Credit Control
Accounts Receivable
Operations
Risk Management
Compliance
Commercial
Business Development
Contract Management
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Accounts Receivable Manager
Legal Counsel
Commercial Director
Risk Manager
Operations Manager
Financial Controller
Working Capital Manager
Credit Risk Officer
Business Development Manager
Relationship Manager (Banking)
Compliance Officer
Financial Analyst
Contract Manager
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