The Interest Bearing Loan Agreement is a vital financial instrument used in Austria for documenting loans between parties where interest is charged on the principal amount. This agreement is commonly used by banks, financial institutions, companies, and individuals for various financing purposes, from business expansion to asset acquisition. The document must comply with Austrian civil law (ABGB), banking regulations (BWG), and where applicable, consumer protection laws (KSchG). It includes essential provisions for interest calculation, repayment terms, security arrangements, default scenarios, and enforcement mechanisms. The agreement's structure reflects Austrian legal requirements while accommodating various commercial and private lending scenarios, making it suitable for both institutional and private lending arrangements.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Loan: Principal amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment: Repayment schedule, early repayment provisions, and payment mechanics
7. Representations and Warranties: Standard representations by the Borrower about their legal and financial status
8. Borrower Covenants: Ongoing obligations of the Borrower during the loan term
9. Events of Default: Circumstances constituting default and consequences
10. Costs and Expenses: Allocation of costs related to the loan agreement
11. Notices: Communication methods and contact details
12. Assignment and Transfer: Rules for transferring rights under the agreement
13. Governing Law and Jurisdiction: Confirmation of Austrian law and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured by collateral or guarantees
2. Conditions Precedent: Include for complex loans with pre-disbursement requirements
3. Tax Gross-Up: Include when tax implications need specific handling
4. Multiple Borrowers: Include when there is more than one borrower to address joint liability
5. Currency Provisions: Include for loans in foreign currency or with currency conversion features
6. Insurance Requirements: Include when specific insurance coverage is required
7. Financial Covenants: Include for business loans with financial performance requirements
8. Consumer Protection Provisions: Include when the borrower is a consumer under KSchG
1. Repayment Schedule: Detailed amortization table showing principal and interest payments
2. Form of Drawdown Notice: Template for requesting loan disbursement
3. Security Details: Detailed description of any collateral or security arrangements
4. Calculation of Interest: Detailed methodology for interest calculations
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Required Insurance: Details of required insurance coverage and terms
7. Contact Details: Complete contact information for all parties and representatives
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Technology
Healthcare
Energy
Agriculture
Professional Services
Transportation
Hospitality
Education
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Secretariat
Banking Operations
Commercial Lending
Risk Management
Document Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Lawyer
Finance Manager
Treasury Manager
Credit Manager
Risk Manager
Compliance Officer
Financial Controller
Banking Relationship Manager
Loan Officer
Corporate Secretary
Business Development Manager
Investment Manager
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