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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."
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
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
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
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
Legal
Finance
Treasury
Risk Management
Compliance
Credit Administration
Corporate Banking
Loan Operations
Security Administration
Company Secretariat
Portfolio Management
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
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