Available Amount Credit Agreement Template for Australia

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Key Requirements PROMPT example:

Available Amount Credit Agreement

"I need an Available Amount Credit Agreement for a mid-sized manufacturing company, with a maximum facility limit of AUD 10 million, where the available amount fluctuates based on the value of inventory and receivables, including standard security provisions and GST clauses."

Document background
The Available Amount Credit Agreement is designed for situations where parties require a flexible credit facility with a borrowing limit that can fluctuate based on specified parameters. This type of agreement is commonly used in Australian business financing where the borrower's funding needs vary over time or are linked to dynamic factors such as inventory levels, receivables, or financial performance metrics. The document structure reflects Australian legal requirements and market practice, incorporating necessary provisions from the National Consumer Credit Protection Act 2009, ASIC regulations, and other relevant legislation. It is particularly suited for businesses requiring working capital facilities, seasonal financing, or growth capital with variable utilization patterns. The agreement includes comprehensive sections covering facility mechanics, security arrangements, compliance requirements, and risk management provisions, all tailored to the Australian legal and regulatory environment.
Suggested Sections

1. Parties: Identification of the lender and borrower(s)

2. Background: Context of the agreement and purpose of the facility

3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation

4. The Facility: Nature, purpose and key terms of the credit facility

5. Available Amount: Calculation and adjustment of the available amount, credit limit

6. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

7. Drawdown: Process and requirements for accessing the facility

8. Interest and Fees: Interest calculation, payment terms, and applicable fees

9. Repayment: Repayment terms, methods, and scheduling

10. Representations and Warranties: Statements of fact and assurances given by the borrower

11. Undertakings: Ongoing obligations of the borrower during the facility term

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Rules regarding assignment and transfer of rights

14. Notices: Communication requirements and methods between parties

15. General Provisions: Standard boilerplate clauses including governing law

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Security: Required when the facility is secured by specific assets or guarantees

2. Guarantee: Include when third-party guarantors are involved

3. Special Drawing Rights: For facilities with specific drawing conditions or restrictions

4. Review Events: For facilities requiring periodic review or having specific trigger events

5. Market Disruption: Required for facilities with variable rates or market-dependent terms

6. Increased Costs: Include when regulatory changes might affect facility costs

7. Multi-currency Provisions: Required for facilities available in multiple currencies

8. Set-off Rights: Include when specific set-off arrangements are required

9. Banking Code of Practice: Required when lending to small businesses covered by the Code

Suggested Schedules

1. Facility Details: Specific terms including amounts, rates, and fees

2. Conditions Precedent Documents: List of required documentation and conditions

3. Drawing Notice: Form of drawdown request

4. Calculation of Interest and Fees: Detailed methodology for calculations

5. Security Details: Description of security assets and arrangements

6. Permitted Security Interests: List of allowed encumbrances

7. Compliance Certificate: Form of periodic compliance certification

8. Dictionary: Extended definitions and technical terms

9. Special Conditions: Any customer-specific or special terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Banking and Financial Services

Corporate Finance

Commercial Real Estate

Manufacturing

Retail

Infrastructure

Mining and Resources

Agriculture

Healthcare

Technology

Telecommunications

Transport and Logistics

Professional Services

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Corporate Banking

Transaction Management

Portfolio Management

Operations

Business Development

Company Secretariat

Corporate Finance

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Credit Manager

Relationship Manager

Risk Manager

Compliance Officer

Financial Controller

Corporate Banking Manager

Credit Analyst

Business Development Manager

Transaction Manager

Portfolio Manager

Debt Finance Partner

Banking & Finance Lawyer

Company Secretary

Finance Manager

Treasury 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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