The Commercial Real Estate Loan Term Sheet Template is a crucial document used in the initial stages of commercial property financing in Australia. It serves as a preliminary agreement between lenders and borrowers, setting out the fundamental terms and conditions of the proposed facility before proceeding to full loan documentation. This template is designed to comply with Australian banking regulations, property laws, and financial services requirements, while being adaptable to various commercial property types and financing structures. It typically precedes the preparation of formal facility agreements and security documents, providing a clear framework for negotiations and subsequent detailed documentation. The template is particularly valuable for financial institutions, property developers, and commercial property investors seeking to document their preliminary lending arrangements efficiently and comprehensively.
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1. Parties: Identification of Lender, Borrower, and any Guarantors
2. Background: Brief context of the proposed financing arrangement
3. Definitions: Key terms used throughout the term sheet
4. Facility Details: Type of facility, amount, purpose, and term
5. Interest and Fees: Interest rate, calculation method, fees structure
6. Security: Details of all security to be provided, including mortgages and guarantees
7. Key Commercial Terms: Repayment terms, prepayment provisions, and key financial covenants
8. Conditions Precedent: Requirements to be satisfied before funding
9. Ongoing Requirements: Financial reporting, property maintenance, and other continuing obligations
10. Events of Default: Circumstances that would trigger default
11. Representations and Warranties: Standard declarations about the borrower's status and capacity
12. Governing Law: Specification of applicable jurisdiction
1. Construction Facility Terms: Include when the loan involves property development or significant renovations
2. Environmental Matters: Include for properties with potential environmental risks or requirements
3. Multiple Property Provisions: Include when the security involves multiple properties
4. Hedging Requirements: Include when interest rate hedging is required
5. Property Management: Include when specific property management requirements are needed
6. Special Purpose Vehicle Requirements: Include when borrower is required to be or is an SPV
7. Foreign Investment Provisions: Include when foreign investment approval is required
8. Subdivision Provisions: Include when property subdivision is contemplated
1. Property Schedule: Detailed description of the security property/properties
2. Financial Covenants Schedule: Detailed listing of all financial covenants and calculations
3. Fee Schedule: Comprehensive breakdown of all fees and charges
4. Conditions Precedent Checklist: Detailed list of all required conditions precedent
5. Required Insurance Schedule: Specification of required insurance coverage
6. Permitted Encumbrances: List of accepted existing encumbrances on the security property
7. Construction Budget and Timeline: For construction facilities, detailed budget and milestone schedule
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Commercial Real Estate
Property Development
Retail Property
Industrial Property
Office Property
Healthcare Property
Hospitality & Tourism
Mixed-Use Development
Logistics & Warehousing
Senior Living & Aged Care
Student Accommodation
Relevant Teams
Legal
Credit Risk
Commercial Lending
Property Finance
Loan Operations
Due Diligence
Relationship Management
Credit Assessment
Property Valuation
Transaction Management
Documentation
Compliance
Real Estate Finance
Relevant Roles
Commercial Lending Manager
Property Finance Manager
Credit Risk Officer
Commercial Real Estate Analyst
Legal Counsel
Relationship Manager
Credit Manager
Property Development Manager
Investment Manager
Transaction Manager
Due Diligence Officer
Loan Operations Manager
Commercial Property Valuer
Banking Executive
Real Estate Finance Director
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