This Rollover Loan Agreement template is designed for use in the Australian jurisdiction when establishing a revolving credit facility that allows for periodic renewal or rollover of the loan amount. It is particularly useful for businesses requiring flexible financing arrangements where funds can be repeatedly borrowed and repaid over time. The agreement incorporates all necessary elements required under Australian financial services law, including ASIC requirements and banking regulations. It contains comprehensive provisions for facility limits, drawdown mechanisms, interest calculations, security arrangements (if applicable), and default provisions. The document is structured to accommodate both simple bilateral arrangements and more complex multi-party facilities, with optional provisions for guarantees and security. This template ensures compliance with Australian banking practices while providing flexibility to adapt to specific transaction requirements.
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1. Parties: Identifies and defines the Lender and Borrower, including their full legal names, ACN/ABN, and addresses
2. Background: Sets out the context of the agreement, including the purpose of the loan and the parties' intention to enter into a rollover facility
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Facility: Details of the loan facility, including the amount, purpose, and rollover mechanism
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the loan and subsequent rollovers
7. Interest: Interest rate, calculation method, and payment terms
8. Repayment: Terms for repayment, including rollover provisions and final maturity
9. Representations and Warranties: Statements of fact and assurances given by the Borrower
10. Undertakings: Ongoing obligations of the Borrower during the term of the facility
11. Events of Default: Circumstances that constitute default and the Lender's rights upon default
12. Costs and Expenses: Allocation of costs, fees, and expenses related to the facility
13. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Security: Required when the loan is secured, detailing the security arrangements and enforcement rights
2. Guarantees: Required when there are guarantors, detailing guarantee obligations and guarantor provisions
3. Special Conditions: For any unique terms specific to the particular borrower or facility
4. Financial Covenants: Required for corporate borrowers or larger facilities, specifying financial ratios and requirements
5. Insurance: Required when specific insurance coverage must be maintained by the borrower
6. Assignment and Transfer: Required when either party needs the ability to assign or transfer their rights
7. Increased Costs and Market Disruption: Required for facilities affected by market conditions or regulatory changes
1. Facility Details: Detailed terms of the facility including amount, interest rate, fees, and rollover periods
2. Drawdown Notice: Form of notice for requesting drawdowns and rollovers
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Calculation of Interest and Fees: Detailed methodology for calculating interest and other fees
5. Security Details: Description of any security assets and related documentation
6. Repayment Schedule: Schedule of repayment dates and amounts if applicable
7. Compliance Certificate: Form of certificate for periodic compliance confirmation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Real Estate
Corporate Finance
Small and Medium Enterprises
Agriculture
Manufacturing
Retail
Infrastructure
Mining and Resources
Property Development
Professional Services
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Loan Operations
Risk Management
Commercial Banking
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Banker
Relationship Manager
Credit Risk Manager
Legal Counsel
Corporate Lawyer
Finance Manager
Commercial Director
Banking Operations Manager
Compliance Officer
Financial Controller
Credit Analyst
Corporate Finance Manager
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