The Bilateral Loan Agreement is a crucial financial instrument used in Australian business and private lending contexts when one party (the lender) agrees to provide financial accommodation to another party (the borrower). This document is essential for any lending arrangement where clear terms, conditions, and obligations need to be established between two parties. The agreement must comply with Australian financial services regulations, including the National Consumer Credit Protection Act 2009 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth). It typically includes provisions for loan amount, interest calculations, repayment schedules, security arrangements, events of default, and remedy procedures. The document is particularly relevant in commercial lending, private lending arrangements, and business financing scenarios where formal documentation of loan terms is required.
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1. Parties: Identification of the lender and borrower with full legal names and details
2. Background: Context of the loan agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Loan: Core terms including loan amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, and payment frequency
6. Repayment: Repayment schedule, methods, and prepayment provisions
7. Representations and Warranties: Statements of fact and assurances given by the borrower
8. Borrower Covenants: Ongoing obligations and restrictions on the borrower
9. Events of Default: Circumstances constituting default and consequences
10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Security: Terms regarding any security or collateral for the loan - include if the loan is secured
2. Guarantees: Terms relating to any guarantors of the loan - include if there are guarantors
3. Conditions Precedent: Conditions that must be satisfied before drawdown - include for complex or large loans
4. Interest Rate Change Mechanisms: Provisions for varying interest rates - include for variable rate loans
5. Assignment and Transfer: Rights to assign or transfer the loan - include for transferable loans
6. Increased Costs and Tax Provisions: Provisions for dealing with regulatory changes - include for long-term or large loans
7. Multiple Drawdown Provisions: Terms for multiple loan disbursements - include for facility-style loans
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Drawdown Notice: Form of notice for requesting loan disbursement
3. Conditions Precedent Documents: List of required documents and conditions for loan disbursement
4. Security Details: Details of any security or collateral provided
5. Fee Schedule: Breakdown of all applicable fees and charges
6. Permitted Security Interests: List of pre-approved security interests that may exist
7. Compliance Certificate: Form of certificate for periodic compliance confirmation
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Agriculture
Mining
Technology
Healthcare
Education
Professional Services
Infrastructure
Transport and Logistics
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit Assessment
Commercial Operations
Corporate Advisory
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Manager
Credit Manager
Risk Manager
Compliance Officer
Banking Relationship Manager
Treasury Manager
Financial Controller
Company Secretary
Loan Officer
Corporate Lawyer
Business Development Manager
Account Manager
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