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Facilities Agreement for Australia

Facilities Agreement Template for Australia

A Facilities Agreement under Australian law is a comprehensive legal document that establishes and governs the terms and conditions of a lending arrangement between one or more lenders and a borrower. The agreement details the facility amount, drawdown mechanics, interest calculations, repayment terms, conditions precedent, representations and warranties, undertakings, and events of default. It incorporates requirements from key Australian legislation including the Corporations Act 2001 (Cth) and, where security is involved, the Personal Property Securities Act 2009 (Cth). The document can be adapted for bilateral or syndicated facilities and may include provisions for multiple currencies, accordion features, or green loan elements.

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What is a Facilities Agreement?

The Facilities Agreement is the primary document used in Australian corporate lending transactions to establish and govern credit facilities provided by financial institutions to corporate borrowers. This document is essential when a lender provides financial accommodation to a borrower, whether for general corporate purposes, acquisitions, project finance, or specific asset purchases. The agreement comprehensively addresses all aspects of the lending relationship, including facility limits, availability periods, drawdown mechanisms, interest calculations, repayment terms, security arrangements (if applicable), and the parties' ongoing rights and obligations. It incorporates requirements from Australian banking and corporate laws, including the Corporations Act 2001 (Cth) and the Personal Property Securities Act 2009 (Cth), ensuring compliance with regulatory requirements and market practice.

What sections should be included in a Facilities Agreement?

1. Parties: Identifies all parties to the agreement including lender(s), borrower(s), guarantors, and security providers

2. Background: Sets out the context of the facility and purpose of the funding

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

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

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Process and requirements for drawdown requests

7. Interest: Interest calculation, payment periods, and default interest provisions

8. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

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

10. Undertakings: Positive and negative obligations of the borrower during the facility term

11. Events of Default: Circumstances that constitute default and consequences

12. Changes to Parties: Rules regarding assignment and transfer of rights/obligations

13. Administration: Administrative provisions including notices and calculations

14. Governing Law and Enforcement: Choice of law, jurisdiction, and enforcement provisions

What sections are optional to include in a Facilities Agreement?

1. Accordion Facility: Optional section for when the facility includes the ability to increase the facility amount

2. Multiple Currencies: Required when the facility can be drawn in multiple currencies

3. Security: Required when the facility is secured, detailing security arrangements

4. Guarantees: Required when there are guarantors, detailing guarantee provisions

5. Syndication Provisions: Required for syndicated facilities, including agency and majority lender provisions

6. Market Disruption: Optional provisions dealing with market disruption events

7. Increased Costs and Tax Gross-Up: Optional provisions for managing regulatory changes and tax implications

8. Green Loan Provisions: Required for green loans, including sustainability targets and reporting

What schedules should be included in a Facilities Agreement?

1. Conditions Precedent: Detailed list of required conditions precedent documents

2. Form of Drawdown Notice: Template for borrower to request drawdown

3. Form of Compliance Certificate: Template for periodic compliance certification

4. Repayment Schedule: Schedule of repayment dates and amounts

5. Financial Covenants: Detailed financial covenants and calculations

6. Form of Transfer Certificate: Template for transferring interests in the facility

7. Form of Accession Deed: Template for new parties to accede to the agreement

8. Contact Details: Contact information for all parties

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

Agreement Contract

Cost

Free to use
Relevant legal definitions























































Clauses



























Relevant Industries

Banking & Finance

Financial Services

Corporate Lending

Project Finance

Real Estate

Infrastructure

Mining & Resources

Manufacturing

Retail

Healthcare

Technology

Agriculture

Relevant Teams

Legal

Finance

Treasury

Credit

Risk

Compliance

Corporate Finance

Banking

Loan Operations

Deal Advisory

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Lawyer

Relationship Manager

Credit Manager

Risk Manager

Compliance Officer

Company Secretary

Finance Manager

Transaction Manager

Debt Finance Manager

Industries








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