The International Loan Agreement Template is designed for use in cross-border lending transactions where Australian law is the governing law. It serves as a comprehensive foundation document for structuring international loan facilities, incorporating essential provisions required by Australian banking and financial services legislation, while also addressing international banking practices and requirements. This template is suitable for various lending scenarios, from simple bilateral facilities to complex syndicated arrangements, and includes provisions for security, guarantees, and regulatory compliance. The document reflects current market practice in Australian financial markets and includes necessary provisions for international transactions, such as anti-money laundering requirements, sanctions compliance, and cross-border security arrangements. It is regularly updated to reflect changes in Australian financial services regulations and international banking practices.
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1. Parties: Identifies and defines all parties to the agreement, including the lender(s), borrower(s), and any guarantors
2. Background: Sets out the context of the loan agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Facility: Details the loan amount, purpose, and any sub-facilities or tranches
5. Conditions Precedent: Specifies conditions that must be satisfied before the loan becomes available
6. Drawdown: Sets out the mechanism and requirements for drawing down the loan
7. Interest: Specifies interest rates, calculation methods, and payment periods
8. Repayment and Prepayment: Details repayment schedule, prepayment rights, and related conditions
9. Representations and Warranties: Contains statements of fact and assurances given by the borrower
10. Covenants: Sets out positive and negative obligations of the borrower during the loan term
11. Events of Default: Lists circumstances that constitute default and their consequences
12. Changes to Parties: Governs assignment and transfer rights of the parties
13. Administration: Covers operational aspects including payments, calculations, and notices
14. Governing Law and Enforcement: Specifies governing law and jurisdiction for dispute resolution
1. Security: Required when the loan is secured, detailing the security structure and enforcement rights
2. Guarantees: Needed when third-party guarantees are part of the credit support structure
3. Syndication Provisions: Required for syndicated loans, covering facility agent and security trustee arrangements
4. Market Disruption: Optional provisions dealing with LIBOR/BBSW discontinuation and market disruption events
5. Increased Costs and Tax Provisions: Detailed provisions for managing regulatory changes and tax implications
6. Multi-currency Provisions: Required when the facility allows drawing in multiple currencies
7. Anti-Money Laundering Provisions: Detailed AML/CTF compliance requirements for cross-border transactions
8. Sanctions and Anti-Corruption: Required for international loans to address compliance with sanctions laws
9. Force Majeure: Optional provisions dealing with unforeseen events affecting performance
1. Facility Details: Detailed terms of the facility including amounts, interest rates, and margins
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied
3. Form of Drawdown Notice: Template for borrower to request loan disbursements
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Form of Transfer Certificate: Template for transferring loan participations
6. Security Documents: Forms of security documents and guarantees
7. Financial Covenants: Detailed financial covenants and calculation methodologies
8. Addresses for Notices: Contact details and notice requirements for all parties
9. Form of Compliance Certificate: Template for periodic compliance reporting
10. Pricing Schedule: Detailed breakdown of fees, margins, and interest calculations
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Infrastructure
Mining and Resources
Manufacturing
Agriculture
Technology
Healthcare
Energy
Telecommunications
Transport and Logistics
Retail and Consumer Goods
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Operations
Company Secretariat
Transaction Management
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Corporate Banking Manager
Loan Officer
Credit Analyst
Transaction Manager
Relationship Manager
Corporate Finance Manager
Finance Manager
Company Secretary
Banking and Finance Lawyer
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