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Commercial Credit Agreement for Australia

Commercial Credit Agreement Template for Australia

An Australian-law governed agreement that establishes the terms and conditions for providing credit facilities to commercial borrowers. This document outlines the credit arrangement between a lender and a business borrower, including facility limits, interest rates, repayment terms, security arrangements, and borrower obligations. It incorporates relevant Australian legislative requirements, including those under the Corporations Act 2001 (Cth) and Personal Property Securities Act 2009 (Cth), while ensuring compliance with Australian banking and finance regulations. The agreement includes provisions for drawdown mechanisms, financial covenants, events of default, and enforcement rights.

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Commercial Credit Agreement

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What is a Commercial Credit Agreement?

The Commercial Credit Agreement serves as the primary documentation for business lending arrangements in Australia, establishing the legal framework for credit facilities provided to commercial entities. It is essential for businesses seeking financing for operations, expansion, or specific projects, and for financial institutions providing such funding. The agreement encompasses all necessary elements required under Australian law, including facility terms, security arrangements, and compliance requirements. This document is distinct from consumer credit agreements and is specifically designed for commercial transactions, incorporating provisions that comply with Australian corporate and banking regulations. The agreement can be customized for various facility types, from simple bilateral loans to complex syndicated facilities, and includes all necessary protections for both lenders and borrowers while ensuring compliance with Australian banking practices and regulatory requirements.

What sections should be included in a Commercial Credit Agreement?

1. Parties: Identifies the credit provider and borrower(s), including ABN/ACN and registered addresses

2. Background: Context of the credit arrangement and purpose of the facility

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. The Facility: Details of the credit facility including type, amount, and purpose

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawdown: Procedures and requirements for accessing the credit facility

7. Interest: Interest rates, calculation methods, and payment terms

8. Repayment: Repayment terms, schedules, and mechanisms

9. Fees and Charges: All applicable fees, charges, and costs

10. Representations and Warranties: Statements of fact and assurances given by the borrower

11. Undertakings: Ongoing obligations of the borrower during the facility term

12. Events of Default: Circumstances constituting default and consequences

13. Termination: Conditions and processes for ending the agreement

14. General Provisions: Standard legal provisions including notices, amendments, and governing law

What sections are optional to include in a Commercial Credit Agreement?

1. Security: Required when the facility is secured, detailing the security arrangements and obligations

2. Guarantees: Include when third-party guarantees are part of the credit arrangement

3. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required

4. Financial Covenants: Include for larger facilities requiring ongoing financial performance metrics

5. Review Events: For facilities subject to periodic review or specific trigger events

6. Multiple Borrower Provisions: Required when there are multiple borrowers sharing the facility

7. Set-off Rights: Include when the lender requires explicit set-off rights against borrower accounts

8. Special Conditions: For industry-specific or unique borrower requirements

What schedules should be included in a Commercial Credit Agreement?

1. Facility Details: Specific terms of the facility including limits, rates, and fees

2. Drawdown Notice: Template form for requesting drawdown under the facility

3. Repayment Schedule: Detailed repayment dates and amounts if term facility

4. Security Details: List and details of all security provided

5. Guarantor Details: Information about guarantors and extent of guarantees

6. Financial Reporting Requirements: Required financial statements and reporting deadlines

7. Compliance Certificate: Template for periodic compliance certification

8. Fee Schedule: Detailed breakdown of all fees and charges

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions




























































Clauses






























Relevant Industries

Banking and Financial Services

Commercial Lending

Corporate Finance

Business Services

Manufacturing

Retail

Construction

Agriculture

Mining

Transportation and Logistics

Healthcare

Technology

Real Estate

Professional Services

Wholesale Trade

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Treasury

Corporate Banking

Commercial Lending

Business Development

Operations

Risk Management

Document Management

Corporate Advisory

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Lending Manager

Credit Risk Manager

Corporate Lawyer

Banking and Finance Lawyer

Relationship Manager

Credit Analyst

Financial Controller

Treasury Manager

Compliance Officer

Business Development Manager

Corporate Banking Officer

Risk Assessment Officer

Legal Counsel

Company Secretary

Finance Manager

Corporate Finance Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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