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Form Of Secured Promissory Note
"I need a Form of Secured Promissory Note for a $500,000 business loan from ABC Finance Ltd to my manufacturing company, secured against our production equipment, with quarterly repayments starting March 2025 and a 5-year term."
1. Parties: Identification of the Lender (Payee) and Borrower (Maker) with full legal names and addresses
2. Background: Brief context of the loan arrangement and purpose of the promissory note
3. Definitions: Key terms used throughout the document including 'Security Interest', 'Collateral', 'Event of Default', etc.
4. Promise to Pay: Clear statement of the principal amount, interest rate, and unconditional promise to pay
5. Payment Terms: Detailed payment schedule, including payment dates, amounts, and method of payment
6. Security Interest: Description of the security/collateral and creation of the security interest
7. Representations and Warranties: Borrower's declarations regarding their authority, ownership of collateral, and financial condition
8. Events of Default: Comprehensive list of circumstances that constitute default
9. Remedies: Lender's rights and remedies upon default, including acceleration and enforcement of security
10. Notices: How and where formal notices must be delivered
11. Governing Law: Specification of Australian law as governing law and jurisdiction
1. Prepayment Provisions: Terms allowing early repayment and any associated penalties or benefits - include if early repayment is permitted
2. Guarantor Provisions: Terms relating to any guarantor of the note - include if there is a guarantor
3. Insurance Requirements: Obligations to maintain insurance on collateral - include if specific insurance is required
4. Financial Covenants: Specific financial requirements or ratios - include for business borrowers
5. Assignment and Transfer: Terms governing the transfer or assignment of the note - include if the note is intended to be transferable
6. Tax Provisions: Allocation of responsibility for taxes - include if tax implications need to be addressed
7. Digital Execution: Provisions for electronic signature and record-keeping - include if digital execution is contemplated
1. Schedule A - Collateral Description: Detailed description of all assets serving as security
2. Schedule B - Payment Schedule: Amortization table or detailed payment schedule if installment payments are involved
3. Schedule C - Security Registration Details: PPSR registration information and other security registration details
4. Appendix 1 - Guarantor Agreement: Form of guarantee if applicable
5. Appendix 2 - Collateral Valuation: Independent valuation of security assets if required
Authors
Applicable Law
Business Day
Collateral
Default Interest Rate
Default Notice
Enforcement Event
Event of Default
Governing Law
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Maker
Material Adverse Effect
Maturity Date
Outstanding Amount
Payee
Payment Date
Permitted Security Interest
Principal Amount
Principal Outstanding
PPSA
PPSR
Receiver
Related Entity
Secured Money
Secured Obligations
Security
Security Interest
Security Provider
Security Trust
Security Trustee
Taxes
Transaction Documents
Interest
Security Interest
Representations and Warranties
Default
Enforcement
Payment Terms
Security Registration
Covenants
Assignment
Set-off
Notices
Costs and Expenses
Indemnification
Acceleration
Prepayment
Guarantee
Further Assurance
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Waiver
Counterparts
Time of Essence
Banking and Financial Services
Commercial Real Estate
Small Business
Agriculture
Manufacturing
Retail
Professional Services
Technology
Construction
Mining and Resources
Healthcare
Education
Legal
Finance
Treasury
Credit and Risk
Compliance
Commercial
Corporate Secretariat
Business Development
Loan Administration
Security Administration
Chief Financial Officer
Finance Manager
Legal Counsel
Corporate Lawyer
Credit Manager
Risk Manager
Commercial Manager
Treasury Manager
Financial Controller
Loan Officer
Business Development Manager
Company Secretary
Compliance Officer
Security Trustee
Contract Administrator
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