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.
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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
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
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
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
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