The Loan Market Agreement is a fundamental document used in Australian commercial lending transactions to establish and govern the relationship between lenders and borrowers. It is particularly suitable for corporate and institutional lending arrangements, whether bilateral or syndicated, and can be adapted for various financing purposes including acquisition finance, project finance, or general corporate facilities. The agreement incorporates Australian market conventions and regulatory requirements, including ASIC regulations, banking sector compliance requirements, and financial services licensing obligations. It contains comprehensive provisions covering facility terms, conditions precedent, drawdown mechanics, security arrangements, representations and warranties, covenants, and events of default, all tailored to the Australian legal framework and market practice.
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1. Parties: Identifies all parties to the agreement including lender(s), borrower(s), and any guarantors
2. Background: Sets out the context and purpose of the loan facility
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Facility: Details the type, amount, and purpose of the loan facility
5. Conditions Precedent: Specifies conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest calculation, periods, and payment provisions
8. Repayment and Prepayment: Terms for scheduled repayments and voluntary prepayments
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Undertakings: Ongoing obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Provisions for assignment and transfer of rights
13. Administration: Administrative provisions including notices and calculations
14. Governing Law and Enforcement: Choice of law and jurisdiction provisions
1. Security: Required for secured loans - details security arrangements and enforcement rights
2. Guarantee and Indemnity: Required when guarantors are party to the agreement
3. Syndication Provisions: Required for syndicated loans - covers relationship between multiple lenders
4. Agent and Security Trustee: Required for syndicated loans - establishes roles of facility agent and security trustee
5. Market Disruption: Optional provisions dealing with benchmark rate unavailability or market disruption
6. Increased Costs and Tax Provisions: Detailed provisions for dealing with regulatory changes affecting costs
7. Multi-currency Provisions: Required for multi-currency facilities
8. Accordion Facility: Optional provisions allowing for future facility increases
9. Green Loan Provisions: Required for green loans - includes sustainability metrics and reporting
1. Facility Particulars: Detailed terms of the facility including amounts, interest rates, and margins
2. Conditions Precedent Documents: List of required documentation and conditions
3. Form of Drawdown Notice: Template for drawdown requests
4. Form of Transfer Certificate: Template for transferring loan participations
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Financial Covenants: Detailed financial covenants and calculations
7. Security Documents: Forms of security documents and perfection requirements
8. Repayment Schedule: Detailed schedule of repayment dates and amounts
9. Address Details: Contact details for notices
10. Form of Accession Deed: Template for new parties joining the agreement
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate & Property
Infrastructure & Construction
Mining & Resources
Energy & Utilities
Manufacturing & Industrial
Healthcare & Life Sciences
Technology & Telecommunications
Agriculture & Agribusiness
Retail & Consumer Goods
Transport & Logistics
Education & Training
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Banking
Loan Operations
Company Secretariat
Transaction Management
Portfolio Management
Syndications
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Relationship Manager
Transaction Manager
Loan Operations Manager
Company Secretary
Financial Controller
Corporate Banking Manager
Debt Finance Manager
Syndications Manager
Portfolio Manager
Credit Analyst
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