The Commercial Loan Agreement is a fundamental document used in business financing transactions in Australia, establishing the legal relationship between a financial institution (lender) and a business entity (borrower). It is typically used when businesses require substantial financing for purposes such as expansion, working capital, asset acquisition, or refinancing existing debt. The agreement must comply with Australian banking and financial services regulations, including the Corporations Act 2001, the National Consumer Credit Protection Act 2009, and the Personal Property Securities Act 2009. It contains comprehensive provisions covering loan facilities, security arrangements, financial covenants, representations and warranties, and enforcement mechanisms. The document is designed to protect both lender and borrower interests while ensuring regulatory compliance in the Australian financial services sector.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and details
2. Background: Outlines the context of the loan agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. The Facility: Details of the loan amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before the loan becomes available
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest rate, calculation method, and payment terms
8. Repayment: Terms for repayment of the principal amount
9. Representations and Warranties: Statements of fact and assurances given by the Borrower
10. General Undertakings: Ongoing obligations of the Borrower during the loan term
11. Events of Default: Circumstances that constitute default and their consequences
12. Security: Details of security arrangements securing the loan
13. Costs and Expenses: Allocation of costs related to the loan agreement
14. Notices: How formal communications between parties should be made
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments
1. Syndication Provisions: Required when multiple lenders are involved or if syndication is contemplated
2. Financial Covenants: Specific financial ratios and requirements, typically for larger commercial loans
3. Guarantee: When third-party guarantees are required for the loan
4. Security Trustee Provisions: Required when security is held by a security trustee for multiple lenders
5. Subordination: When the loan needs to be subordinated to other debt
6. Insurance Requirements: Detailed insurance obligations beyond standard requirements
7. Special Purpose Vehicle Provisions: When the borrower is an SPV with specific restrictions
8. Review Events: Circumstances triggering loan review separate from events of default
9. Hedging Requirements: When interest rate or currency hedging is required
1. Facility Details: Detailed terms of the facility including amounts, interest rates, and fees
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied
3. Drawdown Notice: Form of drawdown request to be used by the Borrower
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Security Documents: List and copies of all security documents
6. Financial Covenant Calculations: Formulas and methods for calculating financial covenants
7. Existing Security Interests: List of permitted existing security interests
8. Form of Compliance Certificate: Template for periodic compliance certification
9. Fee Schedule: Detailed breakdown of all applicable fees
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Commercial Real Estate
Manufacturing
Retail
Construction
Agriculture
Mining
Technology
Healthcare
Transportation & Logistics
Hospitality
Professional Services
Energy & Resources
Infrastructure
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Advisory
Commercial Banking
Due Diligence
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Lawyer
Finance Manager
Credit Manager
Risk Manager
Compliance Officer
Commercial Director
Treasury Manager
Company Secretary
Managing Director
Relationship Manager
Credit Analyst
Due Diligence Officer
Transaction Manager
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