The Simple Loan Agreement is designed for use in Austria when one party (the lender) agrees to provide a defined sum of money to another party (the borrower) under specific repayment terms. This document is particularly suitable for straightforward lending arrangements where complex syndication or extensive security arrangements are not required. The agreement ensures compliance with Austrian legislation, particularly the Austrian Civil Code (ABGB) and the Interest Act (Zinsengesetz), while providing a clear framework for the loan relationship. It includes essential provisions regarding loan amount, interest calculation, repayment schedule, default scenarios, and basic representations and warranties. The Simple Loan Agreement is commonly used for business loans, personal lending, or intra-company financing where a formal documentation of the lending arrangement is required.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Brief context of the loan arrangement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and intended use of funds
5. Interest Rate: Details of applicable interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of repayments, including dates, amounts, and method of payment
7. Representations and Warranties: Basic statements of fact and promises by the borrower regarding their ability to repay
8. Events of Default: Circumstances that constitute default and consequences thereof
9. Notices: How and where formal communications between parties should be sent
10. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
1. Security: Details of any collateral provided - include if loan is secured
2. Guarantor: Terms relating to any guarantor of the loan - include if there is a guarantor
3. Prepayment: Terms for early repayment options - include if early repayment is allowed
4. Insurance: Requirements for insurance of any secured assets - include for secured loans
5. Assignment: Rights to assign or transfer the loan - include if assignment is to be permitted
6. Costs and Expenses: Allocation of legal and administrative costs - include if costs are to be charged to borrower
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Drawdown Notice: Template for requesting loan disbursement if paid in installments
3. Security Details: Detailed description of any collateral or security provided
4. Conditions Precedent: List of documents and conditions required before loan disbursement
5. Fee Schedule: Breakdown of any applicable fees and charges
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