The Business Loan Agreement is essential for Australian commercial lending transactions where a business seeks to obtain financing from a financial institution. This document is designed to comply with Australian federal and state legislation, including financial services regulations and security interests laws. It should be used when establishing a formal lending relationship between a financial institution and a business borrower, whether for working capital, expansion, asset acquisition, or other business purposes. The agreement comprehensively covers loan terms, security arrangements, borrower obligations, and lender rights, while incorporating necessary provisions for Australian regulatory compliance. It's particularly important for documenting the parties' rights and obligations, establishing clear repayment terms, and providing appropriate security and enforcement mechanisms.
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1. Parties: Identifies the lender and borrower with their full legal names, ACN/ABN, and registered addresses
2. Background: Explains the context of the loan agreement, including the borrower's purpose for the loan and the lender's agreement to provide it
3. Definitions and Interpretation: Defines all key terms used in the agreement and sets out rules for interpreting the agreement
4. Loan Amount and Purpose: Specifies the loan amount, purpose, and any conditions precedent to drawdown
5. Interest and Fees: Details the interest rate (fixed or variable), calculation method, payment frequency, and all applicable fees
6. Repayment Terms: Outlines the repayment schedule, payment methods, and early repayment provisions
7. Representations and Warranties: Sets out the borrower's declarations regarding their legal status, authority, and financial condition
8. Borrower Covenants: Specifies ongoing obligations of the borrower, including financial covenants and reporting requirements
9. Events of Default: Lists circumstances that constitute default and the consequences thereof
10. Enforcement Rights: Details the lender's rights and remedies upon default
11. General Provisions: Includes standard clauses such as notices, amendments, governing law, and dispute resolution
1. Security Arrangements: Include when the loan is secured by specific assets or property
2. Guarantees: Include when there are personal or corporate guarantors for the loan
3. Insurance Requirements: Include when specific insurance coverage is required for secured assets or the borrower's business
4. Syndication Provisions: Include for larger loans involving multiple lenders
5. Special Drawdown Conditions: Include when the loan is to be drawn down in multiple tranches with specific conditions
6. Cross-Default Provisions: Include when the loan should be linked to other financial agreements
7. Change of Control Provisions: Include when the lender requires protection against changes in the borrower's ownership
8. Subordination Terms: Include when the loan needs to be subordinated to other debt or when other debt needs to be subordinated to this loan
1. Schedule 1 - Loan Details: Contains specific loan terms including amount, interest rate, fees, and repayment schedule
2. Schedule 2 - Conditions Precedent: Lists all conditions that must be satisfied before the loan becomes available
3. Schedule 3 - Security Details: Describes any security assets and their agreed value
4. Schedule 4 - Guarantor Details: Lists details of any guarantors and the extent of their guarantees
5. Schedule 5 - Financial Covenants: Specifies financial ratios and other financial requirements the borrower must maintain
6. Schedule 6 - Drawdown Notice Form: Template form for requesting loan drawdowns
7. Schedule 7 - Compliance Certificate: Template for periodic confirmation of compliance with loan terms
8. Appendix A - Required Insurance: Details of required insurance coverage for secured assets or the business
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Small and Medium Enterprises
Real Estate and Property
Manufacturing
Retail and Consumer Goods
Technology and Software
Construction and Infrastructure
Healthcare and Medical
Agriculture and Farming
Professional Services
Hospitality and Tourism
Transport and Logistics
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Credit Assessment
Commercial Banking
Corporate Finance
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Commercial Lending Manager
Credit Risk Manager
Legal Counsel
Compliance Officer
Business Development Manager
Relationship Manager
Treasury Manager
Financial Controller
Risk Assessment Officer
Loan Officer
Corporate Banker
Business Banking Manager
Company Director
Company Secretary
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