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Large Credit Agreement Template for Australia

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Key Requirements PROMPT example:

Large Credit Agreement

"I need a Large Credit Agreement governed by Australian law for a bilateral AUD 75 million facility between Pacific Bank Ltd as lender and Murray Mining Corporation as borrower, with security over the borrower's assets and guarantees from three operating subsidiaries."

Document background
The Large Credit Agreement serves as the primary documentation for substantial financing arrangements in Australia, typically utilized for corporate borrowings, project finance, acquisition finance, or major capital expenditure. It establishes the legal framework for credit facilities exceeding AUD 50 million, incorporating robust security arrangements, financial covenants, and compliance mechanisms. The document is designed to comply with Australian banking and financial services regulations, including ASIC requirements and the National Consumer Credit Protection Act 2009. It can be adapted for both bilateral and syndicated lending structures, with optional provisions for multiple lenders, facility agents, and security trustees. The agreement includes comprehensive provisions for drawdown mechanics, security enforcement, event of default scenarios, and regulatory compliance, making it suitable for complex financing arrangements in the Australian market.
Suggested Sections

1. Parties: Identification of lender(s) and borrower(s), including ABN/ACN and registered addresses

2. Background: Context of the credit facility, purpose, and basic commercial terms

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

4. The Facility: Details of the credit facility including type, purpose, amount, and availability period

5. Conditions Precedent: Prerequisites that must be satisfied before drawdown

6. Drawdown: Process and requirements for utilizing the facility

7. Interest and Fees: Interest calculation, payment terms, and applicable fees

8. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

9. Representations and Warranties: Borrower's statements of fact and assurances

10. Undertakings: Positive and negative covenants of the borrower

11. Events of Default: Circumstances constituting default and consequences

12. Security: Overview of security arrangements and enforcement rights

13. Changes to Parties: Assignment and transfer provisions

14. Administration: Payment mechanics, calculations, and notices

15. Governing Law and Enforcement: Jurisdiction, dispute resolution, and enforcement provisions

Optional Sections

1. Syndication Provisions: Required for syndicated facilities, covering facility agent appointment, majority lender decisions, and sharing provisions

2. Market Disruption: Provisions dealing with benchmark rate unavailability or market disruption events

3. Increased Costs and Tax Provisions: Detailed provisions for regulatory changes affecting lender costs and tax gross-up requirements

4. Multi-currency Provisions: Required if the facility allows drawdowns in multiple currencies

5. Accordion Facility: Optional provisions for increasing facility limit under prescribed circumstances

6. Green Loan Provisions: Required if the facility includes sustainability-linked elements or green loan features

7. Security Trustee: Required when security is held by a security trustee for multiple lenders

Suggested Schedules

1. Facility Details: Detailed commercial terms including facility limits, interest rates, fees, and repayment schedule

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

3. Form of Drawdown Notice: Template notice for requesting facility utilization

4. Form of Compliance Certificate: Template for periodic compliance reporting

5. Calculation of Interest and Fees: Detailed methodology for calculating interest and fees

6. Form of Transfer Certificate: Template documentation for transfers between lenders

7. Security Documents: List and copies of all security documents

8. Financial Covenants: Detailed financial covenant calculations and requirements

9. Permitted Security Interests: List of pre-approved security interests

10. Existing Financial Indebtedness: Schedule of borrower's existing debt obligations

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


































































































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Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Infrastructure and Construction

Mining and Resources

Energy and Utilities

Manufacturing

Retail and Consumer

Healthcare

Telecommunications

Transport and Logistics

Agriculture

Education

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit Administration

Corporate Banking

Loan Operations

Security Administration

Company Secretariat

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Relationship Manager

Credit Manager

Risk Manager

Compliance Officer

Company Secretary

Financial Controller

Banking Executive

Loan Officer

Security Trustee Officer

Facility Agent

Transaction Manager

Portfolio Manager

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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