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Loan Facility Letter for Australia

Loan Facility Letter Template for Australia

A Loan Facility Letter is a formal document under Australian law that outlines the terms and conditions under which a lender agrees to provide financial accommodation to a borrower. It serves as a more concise alternative to a full facility agreement, typically used for smaller or less complex lending arrangements. The document incorporates key elements required by Australian financial services regulations, including National Consumer Credit Protection Act requirements where applicable, and sets out essential terms such as facility limits, interest rates, repayment terms, conditions precedent, and security arrangements. It functions as both an offer of finance and, when accepted, a binding contract between the parties.

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Loan Facility Letter

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What is a Loan Facility Letter?

The Loan Facility Letter is a fundamental banking document used in the Australian financial services sector when a lender offers credit facilities to a borrower. It is particularly suited for straightforward lending arrangements where a full facility agreement might be unnecessarily complex. The document typically includes essential commercial terms, regulatory disclosures, security requirements, and conditions precedent to drawdown. It needs to comply with Australian banking regulations, including the National Consumer Credit Protection Act 2009 (Cth) for consumer lending, and the Corporations Act 2001 (Cth) for corporate borrowers. The Loan Facility Letter becomes a binding contract once accepted by the borrower and serves as the primary reference document for the lending relationship.

What sections should be included in a Loan Facility Letter?

1. Letter Header: Date, addressing details, and reference numbers

2. Parties: Clear identification of lender and borrower

3. Facility Details: Key commercial terms including facility type, amount, purpose, and availability period

4. Interest and Fees: Interest rate, calculation method, payment frequency, and applicable fees

5. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics

6. Conditions Precedent: Documents and conditions required before drawdown

7. Representations and Warranties: Basic representations by borrower about their capacity and financial condition

8. Key Undertakings: Essential ongoing obligations of the borrower

9. Events of Default: Circumstances that would trigger default and lender's remedies

10. Execution Block: Signature sections and acceptance mechanism

What sections are optional to include in a Loan Facility Letter?

1. Security Arrangements: Required if the facility is secured - details of security to be provided

2. Guarantee Provisions: Required if there are guarantors - key terms of guarantee

3. Multiple Borrower Provisions: Required for multiple borrowers - joint and several liability terms

4. Special Conditions: Any unique terms specific to the borrower or facility

5. Financial Covenants: Required for corporate borrowers - financial ratios and reporting requirements

6. Regulatory Disclosures: Required for consumer loans - mandatory credit disclosure information

7. Insurance Requirements: Required for secured loans or specific facility types - mandatory insurance coverage

8. Accordion Facility: Optional provision for future increase in facility limit

What schedules should be included in a Loan Facility Letter?

1. Schedule 1 - Facility Summary: Table format summary of key commercial terms

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

3. Schedule 3 - Drawdown Notice: Form of drawdown request to be used

4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees

5. Schedule 5 - Repayment Schedule: Amortization schedule if term facility

6. Appendix A - Definitions: Key defined terms used in the letter

7. Appendix B - Security Details: Details of security if secured facility

8. Appendix C - Standard Terms: Bank's standard facility terms and conditions

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Letter of Credit

Sector

Cost

Free to use
Relevant legal definitions











































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate & Property

Manufacturing

Retail & Consumer

Agriculture

Mining & Resources

Technology & Communications

Healthcare & Medical

Education

Construction & Infrastructure

Professional Services

Transport & Logistics

Hospitality & Tourism

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Commercial Banking

Corporate Banking

Operations

Company Secretariat

Business Development

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Relationship Manager

Commercial Banker

Credit Analyst

Risk Manager

Compliance Officer

Legal Counsel

Corporate Lawyer

Banking Associate

Loan Officer

Financial Controller

Company Secretary

Commercial Director

Business Development Manager

Industries










Teams

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