The Loan Facility Agreement is a fundamental financial instrument used in Australian business and commercial transactions to establish and document credit facilities between lenders and borrowers. This document is essential when a party requires access to funding through a formal lending arrangement, whether for general corporate purposes, specific projects, acquisitions, or working capital. The agreement must comply with Australian federal legislation, including the National Consumer Credit Protection Act 2009, the Personal Property Securities Act 2009, and relevant state laws. It typically includes detailed provisions covering facility terms, conditions precedent, drawdown mechanics, security arrangements, covenants, and events of default. The document is particularly important for maintaining clarity in the lending relationship and ensuring enforceability of the parties' rights and obligations under Australian law.
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1. Parties: Identification of the lender, borrower and any guarantors
2. Background: Context of the facility and general commercial intent of the parties
3. Definitions and Interpretation: Comprehensive definitions of terms used and interpretation rules
4. The Facility: Core terms including facility limit, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Process and requirements for drawing down the facility
7. Interest and Fees: Interest calculation, payment periods, and applicable fees
8. Repayment and Prepayment: Terms for scheduled repayments and voluntary prepayments
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Undertakings: Positive and negative obligations of the borrower during the facility term
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Rules for assignment and transfer of rights and obligations
13. Administration: Operational matters including payments, calculations, and notices
14. Governing Law and Enforcement: Choice of law, jurisdiction, and enforcement provisions
1. Security: Required if the facility is secured - details of security arrangements and enforcement rights
2. Guarantee: Required if there are guarantors - terms of guarantee and indemnity
3. Market Disruption: Required for facilities with variable rates - provisions for market disruption events
4. Increased Costs and Tax Provisions: Detailed provisions for managing regulatory changes and tax implications
5. Multiple Borrowers/Guarantors: Required if multiple borrowers or guarantors - specific provisions for joint and several liability
6. Syndication Provisions: Required for syndicated facilities - provisions governing relationship between multiple lenders
7. Review Events: Optional triggers for facility review that are not defaults
8. Environmental Undertakings: Required for facilities where environmental risks are relevant
9. Anti-Money Laundering Provisions: Detailed AML/CTF provisions if required by the nature of the facility
1. Facility Details: Key commercial terms including facility limit, interest rate, fees, and repayment schedule
2. Conditions Precedent: Detailed list of required documents and conditions
3. Form of Drawdown Notice: Template for borrower to request drawdown
4. Calculation of Interest and Fees: Detailed methodology for calculations
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Security Documents: List and copies of security documents if applicable
7. Permitted Security Interests: List of security interests permitted under negative pledge
8. Form of Transfer Certificate: Template for transferring interests in the facility
9. Financial Covenants: Detailed financial covenants and calculations
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Retail
Technology
Infrastructure
Mining & Resources
Agriculture
Healthcare
Education
Professional Services
Construction
Transport & Logistics
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Company Secretariat
Executive Management
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Legal Counsel
Commercial Director
Risk Manager
Credit Manager
Relationship Manager
Compliance Officer
Company Secretary
Managing Director
Chief Executive Officer
Banking Lawyer
Finance Manager
Corporate Banker
Credit Analyst
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