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Line Of Credit Contract for Australia

Line Of Credit Contract Template for Australia

A comprehensive legal agreement governed by Australian law that establishes a revolving credit facility between a lender and borrower. The document outlines the terms and conditions under which the lender makes available a predetermined credit limit that the borrower can repeatedly draw down, repay, and redraw. It includes provisions for interest calculations, fees, security arrangements, borrower obligations, and default scenarios, all compliant with the National Consumer Credit Protection Act 2009 and related Australian financial services regulations.

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Line Of Credit Contract

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What is a Line Of Credit Contract?

The Line of Credit Contract is a crucial financial instrument used in Australian business and consumer lending contexts. It establishes a flexible borrowing arrangement where a lender provides access to a predetermined credit limit that can be drawn down as needed, repaid, and redrawn over time. This type of contract is particularly valuable for managing cash flow, funding ongoing operations, or handling irregular expenses. The document must comply with Australian financial services legislation, particularly the National Consumer Credit Protection Act 2009, and includes comprehensive terms covering credit limits, interest rates, repayment obligations, security arrangements, and default provisions. It's commonly used by businesses seeking working capital flexibility and individuals requiring ongoing credit access for various purposes.

What sections should be included in a Line Of Credit Contract?

1. Parties: Identifies and defines the Lender and Borrower, including their full legal names, ABN/ACN (if applicable), and addresses

2. Background: Sets out the context of the agreement, including the purpose of the credit facility and any relevant relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including financial terms, dates, and technical terminology

4. Facility Details: Specifies the credit limit, term of the facility, and purpose of the credit line

5. Interest and Fees: Details the interest rate (including whether variable or fixed), calculation method, fees, and charges applicable to the facility

6. Drawdown Provisions: Specifies how and when the borrower can access the credit, minimum drawdown amounts, and drawdown procedures

7. Repayment Terms: Outlines minimum repayment requirements, repayment frequency, and method of payment

8. Borrower Representations and Warranties: States the borrower's declarations regarding their financial situation, legal capacity, and other relevant matters

9. Borrower Covenants: Sets out the borrower's ongoing obligations, including financial covenants and reporting requirements

10. Events of Default: Lists circumstances that constitute default and the lender's rights in such events

11. General Provisions: Contains standard contractual terms including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Line Of Credit Contract?

1. Security: Required when the facility is secured by assets or guarantees, detailing the security arrangement and enforcement rights

2. Guarantor Provisions: Included when there are personal or corporate guarantors for the facility

3. Special Conditions: Used when there are unique terms specific to the borrower or facility

4. Insurance Requirements: Included when specific insurance coverage is required as a condition of the facility

5. Multiple Borrower Provisions: Required when there are multiple borrowers, defining joint and several liability

6. Review Events: Optional section for facilities subject to periodic review, detailing review triggers and processes

7. Redraw Facility: Included if the facility allows for redraw of excess payments

8. Card Access Provisions: Required if the facility includes credit card or payment card access

What schedules should be included in a Line Of Credit Contract?

1. Schedule 1 - Facility Details: Details specific financial terms including credit limit, interest rates, fees, and charges

2. Schedule 2 - Drawdown Notice: Template form for requesting drawdowns under the facility

3. Schedule 3 - Security Details: Lists and describes all security provided for the facility

4. Schedule 4 - Special Conditions: Lists any special conditions or variations to standard terms

5. Schedule 5 - Fee Schedule: Comprehensive list of all fees and charges applicable to the facility

6. Appendix A - Direct Debit Request: Standard form for setting up direct debit payments

7. Appendix B - Privacy Consent: Required privacy and credit reporting consent forms

8. Appendix C - Information Statement: Mandatory information statement under the National Credit Code

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

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions


















































Clauses



































Relevant Industries

Banking and Financial Services

Commercial Real Estate

Retail

Manufacturing

Professional Services

Construction

Agriculture

Healthcare

Technology

Small Business

Enterprise Business

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Treasury

Commercial Operations

Business Development

Account Management

Loan Operations

Risk Management

Relevant Roles

Chief Financial Officer

Finance Manager

Credit Manager

Risk Officer

Compliance Manager

Legal Counsel

Commercial Manager

Treasury Manager

Account Manager

Business Development Manager

Financial Controller

Credit Analyst

Relationship Manager

Banking Officer

Contract Administrator

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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