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Limited Recourse Loan Agreement for Australia

Limited Recourse Loan Agreement Template for Australia

A comprehensive financing agreement governed by Australian law that establishes a loan facility where the lender's recourse is limited to specific assets or cash flows, rather than the borrower's full asset base. The agreement details the loan terms, security arrangements, and enforcement rights while carefully defining the limited recourse nature of the facility. It includes provisions for interest calculation, repayment terms, events of default, and enforcement mechanisms, all structured within the Australian legal framework and compliant with relevant federal and state legislation.

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Limited Recourse Loan Agreement

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What is a Limited Recourse Loan Agreement?

The Limited Recourse Loan Agreement is a specialized financing document used in Australia when lenders agree to limit their enforcement rights to specific assets or cash flows, rather than having recourse to all of the borrower's assets. This type of agreement is particularly common in project finance, asset-based lending, and structured finance transactions where the loan is secured by high-value assets or predictable cash flows. The document includes detailed provisions regarding the loan facility, security arrangements, and enforcement mechanisms, while carefully delineating the assets available for recourse. It is structured to comply with Australian federal and state laws, including the Personal Property Securities Act 2009 (Cth) and relevant banking regulations. This agreement type is particularly useful for project-specific financing where the lender's risk assessment focuses on the viability and value of specific assets rather than the borrower's overall creditworthiness.

What sections should be included in a Limited Recourse Loan Agreement?

1. Parties: Identifies and defines the Lender and Borrower

2. Background: Sets out the context of the loan and its limited recourse nature

3. Definitions and Interpretation: Defines key terms and interpretation principles

4. The Loan: Details the loan amount, purpose, and drawdown conditions

5. Interest: Specifies interest rate, calculation method, and payment terms

6. Repayment: Sets out repayment terms, prepayment rights, and payment mechanics

7. Limited Recourse Nature: Defines the limited recourse provisions and identifies specific assets against which recourse is available

8. Security: Details the security arrangements over the specified assets

9. Representations and Warranties: Standard and specific representations regarding the borrower and secured assets

10. Undertakings: Borrower's obligations regarding the loan and secured assets

11. Events of Default: Specifies events triggering default and enforcement rights

12. Enforcement: Details enforcement rights limited to the specified assets

13. Expenses and Indemnities: Allocates costs and establishes indemnities (subject to limited recourse)

14. Assignment and Transfer: Rules for transfer of rights and obligations

15. Notices: Communication requirements and contact details

16. General Provisions: Standard boilerplate clauses modified for limited recourse nature

17. Governing Law and Jurisdiction: Specifies Australian law as governing law and jurisdiction

What sections are optional to include in a Limited Recourse Loan Agreement?

1. Security Trustee Provisions: Required if there are multiple lenders with a security trustee structure

2. Guarantees: Include if there are any guarantors of the secured obligations

3. Interest Capitalization: Include if interest can be capitalized rather than paid

4. Subordination: Required if the loan is subordinated to other debt

5. Special Purpose Vehicle Provisions: Include if the borrower is an SPV with specific restrictions

6. Cash Waterfall: Include if there is a specific order for application of payments

7. Project Covenants: Required if the loan is for a specific project with project-specific requirements

8. Market Disruption: Include for floating rate loans to address market disruption events

What schedules should be included in a Limited Recourse Loan Agreement?

1. Schedule 1 - Loan Terms: Details of loan amount, interest rate, repayment dates, and other key commercial terms

2. Schedule 2 - Conditions Precedent: List of required documents and conditions for drawdown

3. Schedule 3 - Secured Assets: Detailed description of assets against which recourse is available

4. Schedule 4 - Drawdown Notice: Form of drawdown notice

5. Schedule 5 - Repayment Schedule: Amortization schedule if applicable

6. Schedule 6 - Security Documents: Forms of security documents for the secured assets

7. Schedule 7 - Notice Details: Contact details for all parties

8. Appendix A - Financial Covenants: Detailed financial covenants and calculations if applicable

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

Finance Agreement

Cost

Free to use
Relevant legal definitions







































































































Clauses







































Relevant Industries

Infrastructure

Project Finance

Real Estate

Mining

Renewable Energy

Oil & Gas

Transport

Agriculture

Technology

Aviation

Shipping

Healthcare

Relevant Teams

Legal

Finance

Treasury

Risk Management

Credit

Corporate Finance

Project Finance

Commercial

Compliance

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Project Finance Manager

Legal Counsel

Corporate Lawyer

Banking & Finance Lawyer

Risk Manager

Credit Manager

Investment Manager

Project Director

Structured Finance Manager

Asset Manager

Commercial Director

Company Secretary

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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