This Flexi Finance Loan Agreement is designed for use in the Australian market where a lender wishes to provide a borrower with access to a flexible credit facility. The agreement is suitable for both consumer and business lending, subject to the National Consumer Credit Protection Act 2009 and related regulations. It allows borrowers to draw down funds up to a pre-approved limit, repay, and redraw as needed, making it ideal for managing irregular cash flow needs or ongoing financial requirements. The document includes all mandatory disclosures required by Australian credit law, addresses security arrangements where applicable, and provides comprehensive terms for facility operation, including drawdown conditions, interest calculations, and default provisions.
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1. Parties: Identification of the lender and borrower(s), including ABN/ACN for companies
2. Background: Context of the loan facility and purpose
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. The Facility: Nature of the flexi facility, credit limit, and availability period
5. Drawdown Conditions: Prerequisites and procedures for drawing down funds
6. Interest and Fees: Interest calculation method, rates, fees and charges
7. Repayment Terms: Minimum repayment requirements, payment methods, and prepayment provisions
8. Borrower Representations and Warranties: Standard declarations by the borrower about their capacity and circumstances
9. Borrower Obligations: Ongoing commitments and responsibilities of the borrower
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement Rights: Lender's rights and remedies upon default
12. General Provisions: Standard contract clauses including notices, amendments, and governing law
1. Security Arrangements: Include when the loan is secured by assets or guarantees
2. Guarantor Provisions: Required when there are guarantors for the loan
3. Insurance Requirements: Include when specific insurance coverage is mandatory
4. Special Drawdown Conditions: For facilities with industry-specific or special purpose conditions
5. Electronic Communication Consent: Include when electronic communications will be the primary method
6. Direct Debit Authority: Include when automatic payments are being established
1. Schedule 1 - Facility Details: Key commercial terms including credit limit, interest rates, and fees
2. Schedule 2 - Drawdown Notice Form: Standard form for requesting drawdowns under the facility
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Direct Debit Request Form: Form for setting up automatic payments
5. Appendix A - Key Fact Sheet: Mandatory credit disclosure document under National Credit Code
6. Appendix B - Information Statement: Statutory information statement required under credit law
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Small Business
Retail
Commercial Property
Manufacturing
Professional Services
Agriculture
Construction
Technology
Relevant Teams
Legal
Credit
Risk Management
Compliance
Operations
Finance
Treasury
Customer Service
Credit Assessment
Documentation
Relevant Roles
Credit Manager
Loan Officer
Financial Controller
Risk Manager
Compliance Officer
Legal Counsel
Credit Analyst
Relationship Manager
Finance Director
Treasury Manager
Operations Manager
Branch Manager
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