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Business To Business Loan Agreement

Business To Business Loan Agreement Template for Australia

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Key Requirements PROMPT example:

Business To Business Loan Agreement

"I need a Business to Business Loan Agreement for a secured loan of AUD 2.5 million to a manufacturing company, with quarterly repayments over 5 years starting March 2025, including specific covenants for maintaining financial ratios and reporting requirements."

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Document background
The Business To Business Loan Agreement is a crucial document used in Australian commercial lending transactions where one business provides financial accommodation to another. This agreement is essential for commercial loans, credit facilities, and other business financing arrangements in Australia, whether secured or unsecured. It must comply with Australian federal and state legislation, including the Corporations Act 2001 (Cth), the Personal Property Securities Act 2009 (Cth), and relevant banking regulations. The document typically includes comprehensive terms covering the loan facility, security arrangements, representations and warranties, covenants, events of default, and enforcement rights. It's particularly important for establishing clear rights and obligations between the parties while ensuring the arrangement is legally enforceable within the Australian jurisdiction.
Suggested Sections

1. Parties: Identifies and defines the Lender and Borrower with their full legal names, ABNs, and registered addresses

2. Background: Outlines the context of the loan agreement, including the purpose of the loan and any relevant pre-contractual arrangements

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules for interpreting the document

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its approved purpose

5. Interest Rate and Calculations: Details the applicable interest rate(s), calculation method, and payment frequency

6. Repayment Terms: Specifies repayment schedule, installment amounts, and payment methods

7. Conditions Precedent: Lists conditions that must be satisfied before the loan becomes available

8. Representations and Warranties: States the formal promises and assertions made by the Borrower about their business and financial condition

9. Borrower Covenants: Sets out ongoing obligations of the Borrower during the loan term

10. Events of Default: Defines circumstances that constitute default and trigger remedial actions

11. Enforcement Rights: Outlines the Lender's rights and remedies in case of default

12. Costs and Expenses: Allocates responsibility for fees, charges, and expenses

13. General Provisions: Contains standard legal provisions including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Security Arrangements: Required when the loan is secured against specific assets or property

2. Guarantee Provisions: Included when there are personal or corporate guarantors for the loan

3. Syndication Provisions: Required for loans involving multiple lenders

4. Early Repayment: Details early repayment options and any associated fees when early repayment is permitted

5. Interest Rate Review: Include for variable rate loans or where periodic rate reviews are agreed

6. Special Drawing Conditions: Required for loans with multiple drawdown facilities or special drawing requirements

7. Insurance Requirements: Include when specific insurance coverage is required as part of the loan conditions

8. Financial Covenants: Include for larger loans requiring ongoing financial ratio maintenance

9. Change of Control Provisions: Include when restrictions on ownership changes are required

Suggested Schedules

1. Loan Details Schedule: Contains specific loan terms including amount, interest rate, and payment dates

2. Repayment Schedule: Detailed amortization table showing payment dates and amounts

3. Security Details: Lists and describes all assets provided as security for the loan

4. Conditions Precedent Checklist: Itemized list of documents and conditions required before drawdown

5. Fee Schedule: Details all fees and charges applicable to the loan

6. Drawdown Notice Form: Template form for requesting loan disbursements

7. Financial Reporting Requirements: Specifies format and frequency of required financial reports

8. Permitted Security Interests: Lists any pre-existing or permitted security interests over the Borrower's assets

9. Compliance Certificate: Template for periodic certification of compliance with loan covenants

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Date
Account Bank
Applicable Rate
Authorised Officer
Available Facility
Balance Sheet
Banking Day
Borrower
Business Day
Change of Control
Commitment
Completion Date
Confidential Information
Default
Default Interest Rate
Default Notice
Drawdown Date
Drawdown Notice
Effective Date
Event of Default
Facility
Facility Amount
Facility Limit
Final Repayment Date
Financial Indebtedness
Financial Records
Financial Statements
Financial Year
GST
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Legal Requirements
Lender
Loan
Loan Account
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Security Interest
Potential Event of Default
PPSA
Principal
Purpose
Related Entity
Repayment Date
Repayment Schedule
Security
Security Agreement
Security Interest
Security Provider
Specified Rate
Subsidiary
Tax
Term
Transaction Documents
Unpaid Amount
Clauses
Interpretation
Definitions
Facility Establishment
Loan Amount
Purpose
Interest
Fees and Charges
Repayment
Security
Conditions Precedent
Representations and Warranties
Financial Covenants
General Undertakings
Information Undertakings
Negative Pledge
Events of Default
Acceleration
Set-off Rights
Assignment and Transfer
Guarantees
Indemnity
Costs and Expenses
Notices
Confidentiality
Force Majeure
Governing Law
Dispute Resolution
Amendment and Waiver
Severability
Further Assurance
Entire Agreement
Counterparts
GST
PPSA Provisions
Anti-Money Laundering
Electronic Execution
Time of Essence
Relevant Industries

Financial Services

Banking

Commercial Lending

Professional Services

Manufacturing

Retail

Construction

Technology

Healthcare

Agriculture

Mining

Transport and Logistics

Real Estate

Hospitality

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit Assessment

Commercial Banking

Corporate Finance

Business Development

Executive Leadership

Company Secretariat

Loan Administration

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Lending Manager

Credit Risk Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Business Development Manager

Treasury Manager

Financial Controller

Account Manager

Risk Assessment Officer

Company Secretary

Managing Director

Chief Executive Officer

Commercial Banking Officer

Loan Officer

Credit Analyst

Industries
National Consumer Credit Protection Act 2009 (Cth): While primarily focused on consumer credit, certain provisions may apply to B2B lending, particularly if the business loan is secured against residential property or personal assets.
Personal Property Securities Act 2009 (Cth): Governs the creation, registration and enforcement of security interests in personal property, which is crucial if the loan is secured by business assets.
Australian Securities and Investments Commission Act 2001 (Cth): Regulates financial services and products, including business lending, and provides general consumer protections against unfair practices.
Corporations Act 2001 (Cth): Relevant for verifying the legal status of the business entities involved and their capacity to enter into loan agreements.
Banking Act 1959 (Cth): Relevant if the lender is a banking institution, governing banking practices and regulations.
Financial Sector (Collection of Data) Act 2001: Important for reporting requirements and data collection obligations in financial transactions.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Compliance requirements for customer identification and transaction reporting in financial services.
Australian Contract Law (Common Law): Governs the formation and enforcement of contracts, including principles of offer, acceptance, consideration, and intention to create legal relations.
Competition and Consumer Act 2010 (Cth): Contains provisions about unfair contract terms and business practices, relevant even in B2B contexts.
State-specific Property Law Acts: Relevant if the loan is secured by real property, governing creation and enforcement of mortgages and charges over real property.
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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