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Project Finance Loan Agreement Template for Australia

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Key Requirements PROMPT example:

Project Finance Loan Agreement

"I need a Project Finance Loan Agreement for a renewable energy project in Queensland, Australia, with a syndicate of three international banks providing AUD 500 million in financing, including specific provisions for environmental compliance and carbon credits trading."

Document background
The Project Finance Loan Agreement is a sophisticated financing document used when implementing large-scale project financing transactions in Australia. It is specifically designed for non-recourse or limited-recourse financing where the loan is primarily secured by the project's assets and cash flows. This agreement is essential when financing major infrastructure, energy, or other capital-intensive projects where the lenders' primary security and source of repayment is the project itself. The document comprehensively addresses Australian regulatory requirements, including compliance with banking regulations, security registration under the Personal Property Securities Act, and corporate law requirements. It typically includes detailed provisions for project monitoring, technical requirements, environmental compliance, and specific covenants tailored to the project's nature.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any other key parties such as security trustee, facility agent, or project sponsors

2. Background: Context of the project financing arrangement, including project description and purpose of the facility

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

4. The Facility: Details of the loan facility including amount, purpose, availability period, and drawdown mechanics

5. Conditions Precedent: Conditions that must be satisfied before any utilization of the facility

6. Utilisation: Process and requirements for drawing down the loan facility

7. Repayment and Prepayment: Terms for scheduled repayments, mandatory and voluntary prepayments

8. Interest and Fees: Interest calculation, payment periods, default interest, and all applicable fees

9. Tax Gross Up and Indemnities: Provisions for tax-related payments and indemnities

10. Project Undertakings: Specific covenants relating to the project construction, operation, and maintenance

11. General Undertakings: Standard corporate and financial covenants

12. Representations and Warranties: Standard and project-specific representations and warranties

13. Events of Default: Circumstances constituting default and consequences

14. Security: Overview of security package and enforcement rights

15. Changes to Parties: Assignment and transfer provisions

16. Administration: Payment mechanics, notices, calculations

17. Governing Law and Enforcement: Choice of law, jurisdiction, and dispute resolution provisions

Optional Sections

1. Intercreditor Provisions: Required when multiple lenders or classes of debt are involved, establishing priority and voting rights

2. Market Disruption: Provisions dealing with circumstances where interest rate benchmarks become unavailable

3. Increased Costs: Provisions dealing with changes in law or regulations affecting lenders' costs

4. Environmental Compliance: Detailed environmental covenants when project has significant environmental impacts

5. Insurance: Detailed insurance requirements when project requires specific insurance coverage

6. Step-in Rights: Rights of lenders to take control of the project in certain circumstances

7. Political Risk Provisions: Required for projects in jurisdictions with significant political risk

8. Local Content Requirements: Required when project must comply with local content laws

9. Force Majeure: Detailed force majeure provisions for projects particularly susceptible to external events

Suggested Schedules

1. Conditions Precedent: Detailed list of required conditions precedent documents and evidence

2. Form of Utilisation Request: Standard form for drawing down the facility

3. Project Documents: List and copies of all material project documents

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

5. Repayment Schedule: Detailed amortization schedule

6. Financial Covenants: Detailed financial ratios and calculations

7. Construction Schedule: Milestone dates and construction requirements

8. Form of Compliance Certificate: Template for periodic compliance certification

9. Technical Description of Project: Detailed technical specifications and requirements

10. Form of Transfer Certificate: Standard form for transfers of loan participations

11. Insurance Requirements: Detailed insurance specifications and requirements

12. Financial Model: Agreed base case financial model

Authors

Alex Denne

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

Relevant legal definitions



































































































Clauses


















































Relevant Industries

Infrastructure

Energy

Mining

Real Estate Development

Transportation

Renewable Energy

Oil & Gas

Healthcare Infrastructure

Telecommunications

Waste Management

Water Treatment

Industrial Development

Agriculture

Port Development

Aviation

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Project Management

Credit

Commercial

Corporate Finance

Investment Banking

Operations

Technical Advisory

Environmental

Insurance

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Project Finance Manager

Legal Counsel

Corporate Lawyer

Project Director

Risk Manager

Treasury Manager

Commercial Director

Investment Manager

Compliance Officer

Project Manager

Financial Controller

Credit Risk Manager

Transaction Manager

Senior Banker

Investment Analyst

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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