Master Credit Agreement Template for Australia

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Key Requirements PROMPT example:

Master Credit Agreement

"I need a Master Credit Agreement under Australian law for a syndicated facility between ABC Bank as lead arranger and XYZ Mining Corp as borrower, with a multi-currency option and security over mining assets."

Document background
The Master Credit Agreement serves as the primary document governing credit relationships in Australian financial transactions, establishing the framework under which a lender provides credit facilities to a borrower. This agreement is particularly utilized when parties anticipate an ongoing lending relationship with multiple draws or facilities over time. It incorporates all requirements under Australian financial services law, including compliance with the National Consumer Credit Protection Act 2009 and the Corporations Act 2001. The document typically includes detailed provisions for facility terms, drawdown mechanisms, security arrangements, representations and warranties, financial covenants, and events of default. It's designed to accommodate various types of credit facilities while ensuring regulatory compliance and protecting both lender and borrower interests within the Australian legal framework.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any guarantors or other relevant parties

2. Background: Context of the agreement and relationship between the parties

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

4. The Facility: Description of the credit facility, including type, purpose, and limit

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

6. Drawdown: Procedures and requirements for accessing the credit facility

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

8. Repayment: Terms and conditions for repayment of amounts borrowed

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

10. Undertakings: Ongoing obligations of the borrower throughout the facility term

11. Events of Default: Circumstances constituting default and consequences

12. Security: Details of any security arrangements supporting the facility

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

14. Administration: Operational aspects including notices, calculations, and payment mechanics

15. Governing Law and Jurisdiction: Legal framework governing the agreement and dispute resolution

Optional Sections

1. Accordion Facility: Provisions allowing for future increases in the facility limit, included when facility growth is anticipated

2. Multiple Currencies: Terms for drawing in different currencies, included for international operations

3. Guarantee: Terms of guarantee when third-party guarantors are involved

4. Increased Costs and Tax Gross-up: Provisions for managing regulatory changes and tax implications, included for longer-term facilities

5. Market Disruption: Provisions dealing with market disruption events, included for LIBOR/variable rate facilities

6. Anti-Money Laundering: Specific AML obligations, included for high-risk or regulated borrowers

7. Syndication: Provisions for syndicated lending, included when multiple lenders are involved or contemplated

8. Cross-Default: Provisions linking defaults across multiple facilities, included for complex borrowing structures

Suggested Schedules

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

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

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

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

5. Calculation of Interest: Detailed methodology for interest calculations

6. Security Documents: List and copies of security documentation

7. Permitted Security Interests: List of pre-approved security interests

8. Form of Transfer Certificate: Template for transferring rights and obligations

9. Financial Covenants: Detailed financial covenants and calculation methodologies

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

Infrastructure

Mining and Resources

Manufacturing

Retail and Consumer

Healthcare

Technology

Agriculture

Transportation and Logistics

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Banking

Operations

Business Development

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Risk Manager

Credit Manager

Relationship Manager

Compliance Officer

Financial Controller

Corporate Banking Manager

Credit Analyst

General Counsel

Banking and Finance Partner

Transaction Manager

Debt Finance 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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