A Bridge Loan Contract is utilized when a borrower requires temporary financing to cover immediate funding needs while arranging longer-term financing solutions. This document is particularly relevant in time-sensitive situations such as property acquisitions, corporate restructuring, or project financing where permanent funding is pending. The agreement, governed by Australian law, includes comprehensive terms covering the facility amount, interest rates, security arrangements, conditions for drawdown, and repayment obligations. It must comply with Australian financial services regulations, including the National Consumer Credit Protection Act 2009 and the Personal Property Securities Act 2009. The document is structured to protect both lender and borrower interests while ensuring regulatory compliance and enforceability in the Australian jurisdiction.
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1. Parties: Identifies and defines the Lender, Borrower, and any Guarantors
2. Background: Sets out the context of the bridge loan and the parties' intentions
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Facility: Details the loan amount, purpose, and availability period
5. Conditions Precedent: Lists conditions that must be satisfied before drawdown
6. Drawdown: Specifies drawdown mechanics and requirements
7. Interest: Sets out interest rate, calculation method, and payment terms
8. Repayment: Details repayment terms, prepayment provisions, and maturity date
9. Security: Describes the security arrangements for the loan
10. Representations and Warranties: Lists borrower's representations and warranties
11. Undertakings: Sets out borrower's positive and negative covenants
12. Events of Default: Lists events triggering default and consequences
13. Costs and Expenses: Allocates responsibility for fees, costs, and expenses
14. Notices: Specifies how formal communications should be made
15. General Provisions: Contains boilerplate clauses including governing law, assignment, and amendments
1. Guarantees: Required when third-party guarantors are providing guarantees for the loan
2. Interest Rate Hedging: Included when interest rate hedging arrangements are required
3. Multiple Drawdowns: Used when the facility allows for multiple drawdown tranches
4. Intercreditor Provisions: Required when there are multiple lenders or ranking of security
5. Property Covenants: Included when the bridge loan is secured by real property
6. Insurance Requirements: Detailed insurance requirements when specific insurance coverage is required
7. Financial Covenants: Financial maintenance covenants when required for borrower monitoring
8. Security Trustee Provisions: Required when a security trustee structure is used
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Notice: Template for borrower to request loan drawdown
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Security Documents: List and copies of all security documents
5. Form of Compliance Certificate: Template for periodic compliance certification
6. Details of Bank Accounts: Specified accounts for loan disbursement and repayment
7. Permitted Security Interests: List of pre-approved security interests
8. Financial Covenants Calculations: Formulas and methods for calculating financial covenants
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Infrastructure
Manufacturing
Mining
Healthcare
Technology
Retail
Private Equity
Mergers and Acquisitions
Financial Services
Energy
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Commercial
Corporate Development
Operations
Investment
Portfolio Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Manager
Risk Manager
Compliance Officer
Commercial Director
Investment Manager
Portfolio Manager
Transaction Manager
Business Development Manager
Financial Controller
Company Secretary
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