Free of charge under § 33 of TP 19 Sec. 4 N° 3 of
OFFICIAL LOAN AGREEMENT
Account No. 4
Borrower p ……….. SWITZERLAND and Lender Raiffeisenlandesbank AG, Upper Austria
Structure of Agreement:
A Purpose of and conditions for loan
B Other conditions for loan
A Purpose of and conditions for loan
One-off disposable loan in Swiss franc equivalent to 1 EURO.
Annual debit interest of 3,875 %. Interest return calculated on roll-over basis with
Conditions for individual interest-paying periods to be adapted in line with the development
3-month-LIBOR at the European money market + 1 percentage points using last daily rate
before the start of an interest-paying period as calculation base, with calculations rounded off
to full 0,125 percentage points in operational terms.
Annual interest payable on default 5 %
One-off processing fee valued at 2 % of credit amount.
Accounting fee worth 9 EUROS charged on each target day of bank statement
Target days are March 31st, June 30th, September 30th and December 31st.
Repayments are to be made in flat-rates of 3 months in Swiss francs currently equivalent to
709.33 EUROS, beginning from 31.10.2007,
Flat-rates of 12 months in Swiss francs currently equivalent to 727,06 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 745,24 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 763,87 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 782,97 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 802,55 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 822,62 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 843,19 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 864,27 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 885,88 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 908,03 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 930,73 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 953,99 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 977,84 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 1002, 29 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 1027,35 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 1053,04 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 1079,36 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 1106,35 EUROS, beginning
Flat-rates of 12 months in Swiss francs currently equivalent to 1134,01 EUROS, beginning
Flat-rates of 7 months in Swiss francs currently equivalent to 1162,36 EUROS, each payable
at the last working day of the month, beginning from 31.01.2027.
Last repayment rate shall be calculated from closing settlement date. This shall be enjoined on
Borrower. By sufficient cover, Account Number 6.133.409 shall be used as debit account.
Total encumbrance acc. to BWG (current value in Swiss francs) 220.672,43 EUROS
Public dues 2.531,10 EUROS
Fee paid as outlined in § 3 Sec. 4 of Charges Law 1957 and in line with Tax Office of Linz
Decree of 14.1.1977
Entry No.: 4040613340p, OP, 2007
Annual interest rate 4,2 %
For fictitious interest rate on delayed payment see notice displayed at counter.
In case the deficit balance is higher than the value of 175.628,40 EUROS due to a rise in the
exchange rate Lender is entitled but not obliged to convert it into the local currency,
in spite of No. 75 of the General terms and conditions of business.
Exchange in EURO or any free convertible foreign currency convenient to Lender is anytime
possible except in the case of (fixed) interest-paying periods where an advice notice is
required within 2 weeks of their end. Conditions for foreign currencies shall be as outlined in
above Agreement, in case of EURO the 3-month-EURIBOR + 1% points shall be used, the
second month´s average of the last quarter before the start of an interest-paying period is to be
used as calculation base, calculations are to be rounded off to full 0,125% points, quarterly
Squaring accounts in different currencies is allowed. Borrower shall acknowledge receipt
of detailed explanations to the advice document Foreign currency financing
and the current exchange rate list.
Rights of lien 2 EUROS ) Land Register 4
Comes directly after C-L No. 2
1 coverage bill of exchange
Borrower undertakes to create guarantees for third parties only at the consent of Lender.
- Liability to the incorporation of property rights
- Liability to the registration of lien rights
Payments are to be made in full by Borrower without any deduction no matter what
legal reasons Borrower might have (fees, duties, taxes, setoffs, retentions etc.).
Should deductions still occur due to statutory provisions like deduction of a withholding tax,
Borrower is obliged to pay back the amounts deducted to Lender, with the result that Lender
shall eventually receive the amounts agreed in this Agreement in full.
Present Loan Agreement shall fall under Austrian law.
BG Linz shall have jurisdiction over all disputes arising out of this contract, under § 104 of
B. Other conditions for loan
1. Squaring of accounts
Credit account will be closed at target dates on an open account basis, and may be
debited: capital drawings, interests as well as all ancillary charges ( commissions, fees,
all necessary and useful expenses involving credit granting and enforcement, all retention
claims involving guarantees, letters of credit, acquisition of bills as well as credit card
2. Yearly acknowledgement of the net balance statement
Borrower shall receive a closing balance statement on every 31.12. of the year. If he or she
does not raise any objection by writing within 6 weeks of receipt this shall be taken as
acknowledgement of the balance statement. Lender shall advise Borrower about the
importance of this deadline.
Interest on debit balance shall be calculated following each resulting balance of the credit
account; in case of default, additional interest shall be charged based on amount due, with
extra overdraft interest charges on expansion amount if short-term expansion to credit line
4. Interest escalator clause
Unless otherwise agreed, Lender is entitled to adjust conditions to developments in the gold,
credit or capital markets or the financial circumstances of Borrower, as the case may be;
For consumers, such adjustments shall occur by raising or lowering conditions, in either case
at the beginning of every quarterly period in line with the development of the 3-month
EURIBOR of the quarter´s middle month, and - once the last adjustment has occurred - the
middle month of the last quarter, changes under 0.125% points may not be effected, with
calculations rounded off to 1/8 % in operational terms.
These cover capital, interests, and ancillary expenses.
As regards termination each signatory party may terminate unlimited credit contracts at any
time at a 3 month-notice.
In the case of liquidation, Lender is entitled at any time to demand the immediate repayment
of the entire loan, for a good reason.
Under No. 23 of General Terms and Conditions of Business, good reasons are particularly:
Serious payment defaults – for consumers see § 13 of KSchG:
Breach of crucial contractual provisions
7. Coverage bills of exchange
Lender is entitled at any time to issue bills in parts he or she deems fit, set - at time of
issuance - their value corresponding to all forms of titles owed to Lender by Borrower
as well as to use the bills as prescribed by the Bills of Exchange Act; enforcement of
claims shall not require any modification to original titles with the result that created
collateral shall remain unchanged.
Borrower is required to provide information immediately on major changes in his or her
financial and legal circumstances and submit an acknowledgement of the yearly net balance
(including annex and situation statement) within six months of balance target date.
Borrower or an auditor appointed at his or her own expense shall have access to business and
9. Cooperation required in bank business
Borrower shall go about his or her payment transactions exclusively via
Lender- either in the case of Borrower using other bank links at least to the level
of credit facility enlisted or in the case of transactions with other banks; applying for other
credit grants as well as the conclusion of leasing and factoring contracts shall require the
consent of Lender who will then agree if it is of the opinion that this will not jeopardize
repayment of present loan.
10. Joint and several liability/individual disposition
Several borrowers shall be liable corporately. Each borrower shall be entitled to a disposition
for his or her own sake vis-à-vis Lender.
11. Banking secrecy/data protection
Borrower shall agree to transfer of data within the scope of the data protection declaration
(see attachment) and acknowledge receipt, as well as expressly exonerate the bank from the
secrecy rule, as far as those named in the declaration are concerned.
Borrower shall also grant the bank the power to transfer information concerning this
Agreement as well as data on the general financial situation if this is dictated by operational
factors within the bank.
12. Agreement copy
Borrower shall acknowledge receipt of Agreement copy.
C. General terms and conditions of business
The general terms and conditions of business in their current valid version shall apply.
Borrower shall be advised to pay special attention to Numbers 2, 9, 11, 19, 20, 21, 38 and 59.
Borrower shall confirm having received the explanations covering them.
Made in Traun this 12th day of September 2007