The Business Funding Agreement serves as the primary legal instrument for documenting funding arrangements between financial institutions or private funders and businesses in Australia. This document is essential when businesses seek external funding for various purposes such as expansion, working capital, project financing, or asset acquisition. It encompasses critical elements including funding terms, security arrangements, conditions precedent, ongoing obligations, and default provisions, all while ensuring compliance with Australian regulatory requirements. The agreement is structured to protect both the funder's interests through security and covenants, and the recipient's interests through clear terms and drawdown rights. It incorporates necessary provisions to comply with Australian financial services regulations, corporate law, and consumer protection requirements.
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1. Parties: Identifies and defines the parties to the agreement, including the funder and recipient
2. Background: Sets out the context and purpose of the funding arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Funding Terms: Details the amount, purpose, and conditions of funding
5. Drawdown Conditions: Specifies conditions precedent and the process for accessing funds
6. Repayment Terms: Outlines repayment schedule, methods, and early repayment provisions
7. Interest and Fees: Details all charges, including interest rates, establishment fees, and ongoing fees
8. Representations and Warranties: Sets out statements of fact and assurances from both parties
9. Undertakings: Specifies ongoing obligations of the recipient during the funding period
10. Events of Default: Lists circumstances constituting default and consequences
11. GST and Taxation: Addresses tax implications and GST treatment
12. Confidentiality: Establishes confidentiality obligations regarding the agreement and related information
13. Notices: Specifies how formal communications between parties should be made
14. General Provisions: Contains standard boilerplate clauses including governing law, amendments, and assignment
1. Security Arrangements: Required when the funding is secured against assets or requires guarantees
2. Guarantee Provisions: Needed when personal or corporate guarantees are part of the arrangement
3. Special Purpose Vehicle: Required when funding involves creation or use of a special purpose vehicle
4. Insurance Requirements: Included when specific insurance coverage is required as part of the funding
5. Conversion Rights: Needed when funding includes option to convert to equity
6. Intellectual Property: Required when funding involves IP rights or development
7. Environmental Compliance: Included for projects with environmental implications
8. Change of Control: Required when restrictions on ownership changes are needed
9. Subordination: Needed when the funding arrangement must address priority with other debt
1. Funding Details: Detailed breakdown of funding amount, tranches, and timing
2. Fee Schedule: Comprehensive list of all fees, charges, and their calculation methods
3. Drawdown Notice: Template form for requesting drawdown of funds
4. Security Details: Description of security assets and arrangements
5. Financial Covenants: Specific financial ratios and requirements to be maintained
6. Reporting Requirements: Details of required financial and operational reports
7. Key Personnel: List of key personnel and their roles if relevant to the funding
8. Compliance Certificates: Templates for ongoing compliance certification
9. Project Milestones: If funding is project-based, timeline and milestone requirements
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Private Equity
Venture Capital
Technology
Manufacturing
Real Estate
Infrastructure
Retail
Healthcare
Agriculture
Mining
Construction
Professional Services
Renewable Energy
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Development
Operations
Company Secretariat
Business Development
Investment
Portfolio Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Director
Treasury Manager
Financial Controller
Credit Manager
Risk Manager
Company Secretary
Managing Director
Business Development Manager
Investment Manager
Relationship Manager
Compliance Officer
Portfolio Manager
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