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Private Lender Contract
"I need a Private Lender Contract for a $500,000 secured loan to a small business, with the loan to be disbursed by March 2025, including provisions for quarterly financial reporting and personal guarantees from two company directors."
1. Parties: Identifies and provides full details of the lender and borrower, including legal names, addresses, and ACN/ABN if applicable
2. Background: Outlines the context of the loan arrangement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Amount and Purpose: Specifies the principal amount being lent and the approved purpose of the loan
5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and compounding periods
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 borrower's declarations regarding their financial situation and capacity to repay
9. Events of Default: Defines circumstances constituting default and consequences
10. General Provisions: Includes standard contract clauses covering notices, amendments, governing law, etc.
1. Security Arrangements: Required when the loan is secured against specific assets, detailing the security structure and enforcement rights
2. Guarantor Provisions: Included when there are third-party guarantors, outlining their obligations and liabilities
3. Insurance Requirements: Necessary when specific insurance coverage is required for secured assets or the borrower
4. Early Repayment Provisions: Details terms for early loan repayment, including any applicable fees or penalties
5. Special Conditions: For any unique terms specific to the particular lending arrangement
6. Financial Covenants: Required for complex loans where ongoing financial requirements need to be maintained
7. Cross-Default Provisions: Included when the loan needs to be linked to other financial obligations
1. Loan Details Schedule: Detailed breakdown of loan amount, interest calculations, and repayment schedule
2. Security Details: Comprehensive description of any assets provided as security
3. Payment Schedule: Detailed amortization table showing payment dates and amounts
4. Guarantor Details: Information about guarantors and extent of their guarantees
5. Required Insurances: Specific insurance requirements and minimum coverage levels
6. Conditions Precedent Checklist: List of documents and conditions required before loan advancement
7. Form of Drawdown Notice: Template for requesting loan disbursement
Authors
Account
Agreement
Applicable Law
Approved Purpose
ASIC
Australian Consumer Law
Authorisation
Borrower
Business Day
Claim
Collateral
Conditions Precedent
Confidential Information
Consumer Credit Law
Credit
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Due Date
Effective Date
Encumbrance
Event of Default
Facility
Financial Indebtedness
Financial Records
Force Majeure Event
Government Agency
GST
Guarantee
Guarantor
Insolvency Event
Interest Period
Interest Rate
Legal Costs
Lender
Loan
Loan Account
Loan Amount
Material Adverse Effect
Maturity Date
Maximum Amount
Notice
Parties
Payment Date
Permitted Security Interest
PPSA
Principal
Privacy Law
Repayment Date
Repayment Schedule
Security
Security Agreement
Security Interest
Security Provider
Tax
Term
Transaction Documents
Interest
Repayment
Security
Conditions Precedent
Representations and Warranties
Covenants
Events of Default
Enforcement
Guarantee
Assignment
Notices
Confidentiality
Privacy
Force Majeure
Dispute Resolution
Governing Law
Default Interest
Early Repayment
Insurance
Financial Reporting
Security Registration
Change of Circumstances
Set-Off
Costs and Expenses
GST
Amendments
Severability
Further Assurance
Entire Agreement
Counterparts
Electronic Execution
Anti-Money Laundering
Consumer Protection
Priority and Subordination
Financial Services
Real Estate
Private Banking
Small Business
Property Development
Agricultural Finance
Commercial Property
Residential Property
Investment Services
Professional Services
Legal
Finance
Risk Management
Compliance
Credit Assessment
Operations
Business Development
Investment
Loan Administration
Document Control
Legal Counsel
Finance Manager
Credit Manager
Risk Officer
Compliance Officer
Private Banker
Loan Officer
Financial Controller
Contract Administrator
Business Development Manager
Mortgage Broker
Financial Advisor
Property Manager
Investment Manager
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