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Common Loan Agreement Template for Australia

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Key Requirements PROMPT example:

Common Loan Agreement

"I need an Australian Common Loan Agreement for a secured business loan of AUD 5 million to a manufacturing company, with quarterly repayments over 5 years starting March 2025, including personal guarantees from two company directors."

Document background
The Common Loan Agreement is a fundamental financing document used in Australian business and commercial transactions to establish legally binding lending arrangements between parties. This agreement type is suitable for various lending scenarios, from straightforward bilateral loans to more complex syndicated facilities. The document incorporates all essential elements required under Australian law, including National Consumer Credit Protection Act 2009 compliance, ASIC requirements, and relevant banking regulations. It typically covers loan terms, conditions precedent, representations and warranties, covenants, events of default, and enforcement rights. The Common Loan Agreement can be customized to accommodate different security arrangements, guarantees, and special purpose provisions while maintaining compliance with Australian legal requirements and market practice.
Suggested Sections

1. Parties: Identification of lender and borrower with full legal names and details

2. Background: Context of the loan arrangement and purpose

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. The Loan: Core loan terms including amount, purpose, and drawdown conditions

5. Interest: Interest rate, calculation method, payment frequency

6. Repayment: Repayment schedule, method, and prepayment provisions

7. Conditions Precedent: Conditions that must be satisfied before loan drawdown

8. Representations and Warranties: Statements of fact and assurances given by the borrower

9. Undertakings: Ongoing obligations of the borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Lender's rights and remedies upon default

12. Costs and Expenses: Allocation of costs, fees, and expenses

13. Notices: Communication methods and contact details

14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendment procedures

Optional Sections

1. Security: Required if loan is secured - details of security arrangements and enforcement rights

2. Guarantees: Required if loan is guaranteed - guarantor obligations and enforcement rights

3. Insurance: Required for secured loans or specific asset financing - insurance requirements for secured assets

4. Special Purpose Vehicle Provisions: Required for project financing - specific provisions relating to SPV structure and operations

5. Multiple Lenders: Required for syndicated loans - provisions governing lender relationships and decision-making

6. Assignment and Transfer: Optional unless specifically required - provisions for transferring loan rights and obligations

7. Increased Costs and Market Disruption: Common in commercial loans - provisions dealing with changes in funding costs or market conditions

8. Tax Provisions: Required for complex commercial loans - detailed tax implications and gross-up provisions

Suggested Schedules

1. Loan Terms Schedule: Key commercial terms including amount, interest rate, and repayment schedule

2. Drawdown Notice: Form of notice for requesting loan disbursement

3. Conditions Precedent: Detailed list of required documents and conditions

4. Repayment Schedule: Detailed amortization table or repayment calculations

5. Security Details: Description of security assets and specific security terms

6. Fees Schedule: Breakdown of all applicable fees and charges

7. Form of Transfer Certificate: Standard form for transferring loan interests

8. Compliance Certificate: Form for periodic compliance certification

9. Interest Calculation Methodology: Detailed explanation of interest calculations and conventions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































































Clauses









































Relevant Industries

Banking & Financial Services

Real Estate

Construction

Manufacturing

Retail

Agriculture

Mining

Technology

Healthcare

Education

Infrastructure

Transport & Logistics

Professional Services

Energy & Utilities

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Secretariat

Commercial

Operations

Executive Leadership

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Credit Manager

Risk Manager

Banking Relationship Manager

Loan Officer

Financial Controller

Company Secretary

Managing Director

Finance Manager

Commercial Director

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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