A Lender Letter of Intent is typically used in the initial stages of a financing transaction when a financial institution has completed preliminary assessment of a financing request and wishes to outline proposed terms to a potential borrower. This document, while primarily non-binding, serves as a crucial stepping stone in the financing process, setting out key commercial terms, conditions, and requirements for moving forward with the transaction. Under Austrian law, the letter must be carefully drafted to ensure compliance with banking regulations (Bankwesengesetz), civil code requirements (ABGB), and other relevant legislation. The document typically precedes the full loan documentation and helps parties align their expectations and begin detailed due diligence. It's particularly important in complex financing transactions where significant negotiation and documentation will be required.
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1. Letterhead and Date: Bank's official letterhead and date of issuance
2. Recipient Details: Full name and address of the potential borrower
3. Reference Line: Clear identification of the proposed financing transaction
4. Introduction: Brief introduction identifying the parties and the purpose of the letter
5. Proposed Facility: Key details of the proposed loan facility including amount, purpose, and type
6. Key Terms: Principal commercial terms including interest rate, tenor, and repayment structure
7. Main Conditions Precedent: Critical conditions that must be met before any binding commitment
8. Expiration Date: Validity period of the letter of intent
9. Non-Binding Statement: Clear statement regarding the non-binding nature of the letter except for specified provisions
10. Confidentiality: Binding provisions regarding confidentiality of the terms and negotiations
11. Closing: Signature block and contact information for further discussions
1. Regulatory Compliance Statement: Required when dealing with regulated entities or when specific regulatory requirements must be addressed
2. Break Fee: Include when the lender requires compensation for costs if the borrower doesn't proceed
3. Exclusivity: When the lender requires exclusive negotiating rights for a specified period
4. Security Structure: When specific collateral or security arrangements are contemplated
5. Syndication Rights: When the lender may want to syndicate the loan
6. Key Covenants Overview: For complex transactions where main covenants need early agreement
7. Cost Coverage: When the borrower is expected to cover due diligence and documentation costs
1. Term Sheet: Detailed outline of all proposed financial and commercial terms
2. Fee Structure: Breakdown of all applicable fees and charges
3. Required Documentation: List of documents needed for due diligence and final loan approval
4. Indicative Timeline: Proposed schedule for completion of due diligence and documentation
5. Security Package Overview: Summary of proposed security and collateral arrangements if applicable
6. Key Financial Covenants: Detailed description of proposed financial covenants and calculations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Technology
Healthcare
Retail
Infrastructure
Energy
Transportation
Telecommunications
Construction
Agriculture
Hospitality
Education
Professional Services
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Investment
Business Development
Senior Management
Corporate Advisory
Due Diligence
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Lending Officer
Credit Risk Manager
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Investment Manager
Financial Controller
Business Development Manager
Managing Director
Chief Executive Officer
Head of Corporate Banking
Compliance Officer
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