The Lending Agreement With Collateral is a crucial document in Australian secured financing transactions, used when a lender provides funding to a borrower against specific assets offered as security. This agreement is essential for various financing scenarios, from business equipment loans to property financing, and must comply with Australian federal and state legislation, including the National Consumer Credit Protection Act 2009 and the Personal Property Securities Act 2009. The document creates a legally binding framework that protects the lender's interests through security over the borrower's assets while ensuring fair and transparent terms for the borrower. It includes detailed provisions for loan terms, security arrangements, borrower obligations, default scenarios, and enforcement mechanisms, with particular attention to PPSA requirements for creating and perfecting security interests.
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1. Parties: Identification of lender and borrower with full legal names and details
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and any conditions precedent to drawdown
5. Interest and Fees: Interest rate, calculation method, payment frequency, and applicable fees
6. Repayment Terms: Repayment schedule, method of payment, and prepayment provisions
7. Security and Collateral: Description of collateral, creation of security interest, and PPSA provisions
8. Representations and Warranties: Statements of fact and assurances from the borrower
9. Borrower Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement Rights: Lender's rights and remedies upon default, including collateral enforcement
12. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Guarantees: Required when there are third-party guarantors supporting the loan
2. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required for the collateral
3. Multiple Borrowers: Additional provisions for joint and several liability when there are multiple borrowers
4. Cross-Collateralization: Required when collateral secures multiple loans or obligations
5. Special Purpose Vehicle Provisions: Additional requirements when the borrower is an SPV
6. Priority and Subordination: Required when there are multiple security interests or lenders
7. Financial Covenants: Specific financial maintenance requirements for business loans
1. Schedule 1 - Loan Details: Key commercial terms including loan amount, interest rate, and payment schedule
2. Schedule 2 - Collateral Description: Detailed description and specification of the collateral assets
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule with payment dates and amounts
4. Schedule 4 - Conditions Precedent: List of conditions to be satisfied before loan drawdown
5. Schedule 5 - Fee Schedule: Detailed breakdown of all applicable fees and charges
6. Appendix A - Form of Drawdown Notice: Template for borrower to request loan disbursement
7. Appendix B - Security Registration Forms: PPSR registration forms and requirements
8. Appendix C - Compliance Certificates: Templates for ongoing compliance reporting
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