This Loan Agreement template is designed for use in the Australian jurisdiction, providing a comprehensive framework for documenting lending arrangements between parties. It is suitable for various lending scenarios, from simple bilateral loans to more complex secured lending arrangements. The agreement incorporates key requirements under Australian law, including the National Consumer Credit Protection Act 2009, Personal Property Securities Act 2009, and relevant state legislation. It can be customized for different loan purposes, amounts, and security arrangements, while maintaining compliance with regulatory requirements. The document includes provisions for interest calculation, repayment terms, borrower covenants, events of default, and enforcement rights, making it suitable for both financial institutions and private lenders.
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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 interpretation rules
4. The Loan: Core terms including loan amount, purpose, and drawdown mechanisms
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Repayment schedule, methods, and prepayment provisions
7. Representations and Warranties: Borrower's confirmations about their status and capacity
8. Undertakings: Ongoing obligations of the borrower during the loan term
9. Events of Default: Circumstances constituting default and consequences
10. Costs and Expenses: Allocation of costs, fees, and expenses
11. Notices: How formal communications between parties should be made
12. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments
1. Security: Terms of any security provided - include if loan is secured
2. Guarantees: Terms of any guarantees - include if there are guarantors
3. Insurance: Insurance requirements - include if specific insurance is required
4. Special Conditions: Any special or unusual terms - include if there are unique arrangements
5. Financial Covenants: Financial maintenance requirements - include for commercial loans
6. Multiple Borrowers: Joint and several liability provisions - include if multiple borrowers
7. Consumer Credit Provisions: Mandatory consumer credit protections - include for consumer loans
8. Registration on the PPSR: PPSA registration details - include if security interest to be registered
1. Loan Terms Schedule: Detailed commercial terms including amounts, rates, and dates
2. Repayment Schedule: Detailed breakdown of repayment amounts and dates
3. Security Details: Description of security assets and registration details
4. Drawdown Notice: Form of notice for requesting loan disbursement
5. Condition Precedent Documents: List of required documents before drawdown
6. Guarantor Provisions: Detailed terms applicable to guarantors
7. Direct Debit Authority: Form for automated payment setup
8. Compliance Certificate: Form for periodic compliance confirmation
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