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Available Amount Credit Agreement
"I need an Available Amount Credit Agreement for a mid-sized manufacturing company, with a maximum facility limit of AUD 10 million, where the available amount fluctuates based on the value of inventory and receivables, including standard security provisions and GST clauses."
1. Parties: Identification of the lender and borrower(s)
2. Background: Context of the agreement and purpose of the facility
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. The Facility: Nature, purpose and key terms of the credit facility
5. Available Amount: Calculation and adjustment of the available amount, credit limit
6. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
7. Drawdown: Process and requirements for accessing the facility
8. Interest and Fees: Interest calculation, payment terms, and applicable fees
9. Repayment: Repayment terms, methods, and scheduling
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Undertakings: Ongoing obligations of the borrower during the facility term
12. Events of Default: Circumstances constituting default and consequences
13. Changes to Parties: Rules regarding assignment and transfer of rights
14. Notices: Communication requirements and methods between parties
15. General Provisions: Standard boilerplate clauses including governing law
16. Execution: Signature blocks and execution requirements
1. Security: Required when the facility is secured by specific assets or guarantees
2. Guarantee: Include when third-party guarantors are involved
3. Special Drawing Rights: For facilities with specific drawing conditions or restrictions
4. Review Events: For facilities requiring periodic review or having specific trigger events
5. Market Disruption: Required for facilities with variable rates or market-dependent terms
6. Increased Costs: Include when regulatory changes might affect facility costs
7. Multi-currency Provisions: Required for facilities available in multiple currencies
8. Set-off Rights: Include when specific set-off arrangements are required
9. Banking Code of Practice: Required when lending to small businesses covered by the Code
1. Facility Details: Specific terms including amounts, rates, and fees
2. Conditions Precedent Documents: List of required documentation and conditions
3. Drawing Notice: Form of drawdown request
4. Calculation of Interest and Fees: Detailed methodology for calculations
5. Security Details: Description of security assets and arrangements
6. Permitted Security Interests: List of allowed encumbrances
7. Compliance Certificate: Form of periodic compliance certification
8. Dictionary: Extended definitions and technical terms
9. Special Conditions: Any customer-specific or special terms
Authors
Banking and Financial Services
Corporate Finance
Commercial Real Estate
Manufacturing
Retail
Infrastructure
Mining and Resources
Agriculture
Healthcare
Technology
Telecommunications
Transport and Logistics
Professional Services
Energy and Utilities
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Banking
Transaction Management
Portfolio Management
Operations
Business Development
Company Secretariat
Corporate Finance
Relationship Management
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Credit Manager
Relationship Manager
Risk Manager
Compliance Officer
Financial Controller
Corporate Banking Manager
Credit Analyst
Business Development Manager
Transaction Manager
Portfolio Manager
Debt Finance Partner
Banking & Finance Lawyer
Company Secretary
Finance Manager
Treasury Analyst
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