Everything comes to him who hustles while he waits.
Thomas Alva Edison
scope of service
Banking and Finance law
Our law firm specialises in advising internationally active banks as well as globally operating companies with regard to their financing. Our advisory activities cover all legal matters related thereto, ranging from executing a specific transaction through to the preparation of a market entry or an expansion of a client’s operations in Austria. In particular, our focus is on the elaboration and examination of financing and refinancing agreements, collateral agreements, factoring agreements, compliance with capital market and supervisory regulations and the issuance of legal opinions. Due to the typically cross-border nature of such transactions, we also have gained significant experience in coordinating with other jurisdictions. In addition, we focus on consulting in matters regarding retail banking as well as providing advice for banking business in general. Of course our legal advice always takes into account the applicable regulatory provisions and includes the preparation of the corresponding notices. We also support and represent our clients in legal proceedings arising from credit agreements with consumers, as well as in matters of compliance and adherence with anti-money-laundering provisions.
Examples of our legal activities
Consultation related to a EUR 250,000,000.00 Margin Loan Facility Agreement, Tender Commitment, Security Assignment Agreement, English Law Security Deed, Prepayment and Release Agreement, Legal Opinion, CP Documents and required notices to the Financial Market Authority and Vienna Stock Exchange, as well as the takeover commission in connection with a listed company.
Revising and advice on a EUR 225,000,000 New Margin Loan Agreement for a Cyprus company which acquired shares in an Austrian listed company. Review of Austrian and Swiss pledge agreements.
Advice on the implementation of a cross-border ABS programme to sell its receivables to an ABS structure, particularly on a receivables purchase agreement and drafting of country schedules (Food producer with several production sites in Europe).
Provision of local law input on the EUR 350,000,000 Facilities Agreement/Guarantee Agreement, in particular necessary limitation language and negotiating such. Review of local CP documents and capacity opinion.
Advice on an Amendment and Restatement Agreement to a EUR 45,000,000 Facilities Agreement. Review and revising CP-documents and legal opinion of the bank client’s counsel.
Local advice on the EUR 150,000,000 refinancing arrangements for a German automotive supplier, drafting CP documents, revising Facilities Agreement, revising Guarantee Agreement, issuing legal opinion.
Local advice on a EUR 205,000,000 Facility Agreement between a London bank and a Cyprus company with special regard to the Austrian Takeover Act.
Consultation and preparation of documents for the increase of an acquisition financing in the amount of EUR 45,900,000.00. Draft several security confirmation agreements, for example, for the pledging of bank accounts, claims, real estate, shares and intellectual property rights. Check CP documents. Preparation of a legal opinion.
Advice on the USD 272,100,000 Credit Agreement, Foreign General Continuing Guaranty, and Subordinated Master Intercompany Note. Preparation of a share pledge agreement, receivables pledge agreement, and bank accounts pledge agreement. Reviewing and handling CP process. Issuing a legal opinion.
Review of the revised EUR 160,000,000 Senior Facilities Agreement and the revised Notes Purchase Agreement. Advice on the Intercreditor Agreement. Preparation of local CPs for both the Senior Facilities Agreement and the two Notes Purchase Agreements.
Recommendations
"The practice is characterised by (re)financing and syndicated loans. The lawyers advise both borrowers and financing domestic and foreign banks. Their clients also include pension funds and associations. New clients also regularly approach the firm. [...] The team around Dr. Thomas Boller has meanwhile gained in seniority, which enables the efficient handling of clients."
– JUVE - Handbook Austria 2020/2021
"The financing team around Dr. Thomas Boller recently sharpened its profile through the successful OGH procedure on the effects of a negative Libor on flexible interest rate loan agreements, which received media attention. As a result, a number of banks had to change their calculation practice. The trust of international clients is proven by the work for a financial service provider, which bought a German E-Commerce-provider’s claims against Austrian consumers. In addition, the practice group has been a regular contact for renowned international banks and law firms, also from overseas, for medium to large-volume financing."
– JUVE - Handbook Austria 2018/2019
"The financing practice of partner Dr. Thomas Boller, experienced a clear upturn in the niche of transaction-oriented financing with foreign-affiliation over the past two years. His clients include large European and North American banks, as well as internationally established companies that trust the team in considerable volumes. Even renowned foreign law firms regularly come to the law firm with questions regarding Austrian law." – JUVE Journal for business lawyers March 2017
