Credit Facilities Agreement Template for Australia

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Key Requirements PROMPT example:

Credit Facilities Agreement

"I need a Credit Facilities Agreement for a AUD 50 million bilateral revolving facility between ABC Bank and XYZ Mining Company, with a term of 3 years starting from March 2025, secured against the company's assets and including both general corporate purpose and working capital uses."

Document background
A Credit Facilities Agreement is fundamental for establishing formal lending arrangements in Australia's financial landscape. This document is utilized when a borrower requires access to credit facilities from a lender or syndicate of lenders, whether for general corporate purposes, specific projects, or refinancing existing debt. The agreement encompasses essential elements required by Australian law and regulatory framework, including ASIC requirements and banking regulations. It details facility types (term loans, revolving facilities, etc.), drawing conditions, interest calculations, security arrangements, and compliance requirements. The document serves as the primary reference point for the ongoing lending relationship, incorporating Australian market practices and providing mechanisms for facility management, amendments, and dispute resolution. It is particularly important for ensuring compliance with Australian credit and financial services laws while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identifies all parties to the agreement including lender(s) and borrower(s)

2. Background: Sets out the context and purpose of the facility

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

4. The Facility: Details of the credit facility including type, amount, purpose, and availability

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

6. Repayment and Prepayment: Terms for repayment, prepayment rights and conditions

7. Conditions Precedent: Conditions that must be satisfied before drawdown

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

9. Undertakings: Positive and negative obligations of the borrower during the facility term

10. Events of Default: Circumstances constituting default and consequences

11. Changes to Parties: Rules regarding assignment, transfer, and novation

12. Administration: Operational aspects including payments, calculations, and notices

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

14. Boilerplate Provisions: Standard clauses including severability, entire agreement, amendments

Optional Sections

1. Syndication Provisions: Required for syndicated facilities, covering facility agent and security trustee roles

2. Security: Include when the facility is secured, detailing security arrangements and enforcement

3. Guarantees: Required when guarantors are party to the agreement

4. Market Disruption: Include for facilities with variable interest rates

5. Increased Costs and Tax Provisions: Detailed provisions for managing regulatory changes and tax implications

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

7. Accordion Feature: Optional provision allowing for future increase in facility limit

8. Letter of Credit Facility: Include if the facility includes letter of credit issuance

Suggested Schedules

1. Facility Particulars: Detailed terms of each facility including limits, interest rates, and fees

2. Conditions Precedent Documents: List of required documents and conditions to be satisfied

3. Form of Drawdown Notice: Template for borrower to request drawings under the facility

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

5. Financial Covenants: Detailed financial covenants and calculations

6. Security Documents: List and/or copies of security documents

7. Repayment Schedule: Detailed repayment schedule if term facility

8. Form of Transfer Certificate: Template for transfer of participation

9. Form of Accession Deed: Template for new parties joining the agreement

10. Addresses for Notices: Contact details and addresses for all parties

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

Real Estate and Property

Infrastructure and Construction

Manufacturing

Retail and Consumer

Mining and Resources

Agriculture

Healthcare

Technology

Transportation and Logistics

Education

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit Administration

Operations

Company Secretariat

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Corporate Lawyer

Legal Counsel

Relationship Manager

Credit Manager

Risk Manager

Compliance Officer

Company Secretary

Banking Executive

Loan Officer

Director of Operations

Chief Executive Officer

Corporate Banking Manager

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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