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Pro Forma Credit Agreement
"I need a Pro Forma Credit Agreement for a secured corporate facility of AUD 5 million with multiple drawdown options, to be used for equipment financing by a manufacturing company, including specific covenants for maintaining financial ratios and quarterly reporting requirements."
1. Parties: Identification of the lender, borrower, and any guarantors with their full legal names and addresses
2. Background: Context of the credit facility, purpose of the loan, and any relevant pre-contractual matters
3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules used throughout the agreement
4. The Facility: Details of the credit facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest rate, calculation method, payment dates, and default interest provisions
8. Repayment: Repayment terms, schedules, and prepayment provisions
9. Fees and Costs: All applicable fees, charges, and cost recovery provisions
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Undertakings: Positive and negative obligations of the borrower during the facility term
12. Events of Default: Circumstances constituting default and consequences
13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Security: Include when the facility is secured by any form of collateral or guarantee
2. Guarantees: Include when third-party guarantees are required for the facility
3. Insurance: Include when specific insurance requirements are imposed on the borrower
4. Special Drawdown Conditions: Include for facilities with multiple tranches or special purpose facilities
5. Financial Covenants: Include for corporate borrowers or when financial metrics need to be maintained
6. Review Events: Include when periodic review of the facility is required
7. Market Disruption: Include for facilities with variable rates or international elements
8. Increased Costs and Illegality: Include for longer-term facilities or when regulatory changes might impact the facility
1. Facility Details: Detailed terms of the facility including amounts, rates, and fees
2. Drawdown Notice: Pro forma notice for requesting drawdowns
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Security Documents: List and copies of security documents if applicable
6. Compliance Certificate: Pro forma certificate for periodic compliance confirmation
7. Pricing Schedule: Detailed breakdown of all applicable fees and charges
8. Required Insurance: Specific insurance requirements and minimum coverage levels
Authors
Additional Security
ADI
Advance
Agreement
Applicable Rate
ASIC
Authorisation
Authorised Officer
Availability Period
Bank Bill Rate
Banking Day
Base Rate
Borrower
Break Costs
Business Day
Change of Control
Commitment
Compliance Certificate
Conditions Precedent
Constitutive Documents
Control
Controller
Credit Legislation
Default
Default Rate
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Limit
Facility Office
Financial Indebtedness
Financial Statements
Financial Year
Government Agency
GST
Guarantee
Guarantor
Indemnified Party
Information Memorandum
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Legal Costs
Lender
Material Adverse Effect
Maturity Date
National Credit Code
NCCP Act
Obligor
Outstanding Amount
Permitted Security Interest
PPSA
Principal Outstanding
Reference Banks
Related Entity
Relevant Party
Repayment Date
Repayment Schedule
Review Event
Secured Property
Security
Security Interest
Security Provider
Security Trust Deed
Security Trustee
Subsidiary
Tax
Transaction Documents
Undrawn Commitment
Utilisation
Voluntary Prepayment
Facility Terms
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Fees and Charges
Security
Guarantee
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Market Disruption
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Privacy
Anti-Money Laundering
Force Majeure
Assignment
Severability
Governing Law
Dispute Resolution
Indemnities
Costs and Expenses
Electronic Execution
Entire Agreement
Banking & Financial Services
Real Estate
Manufacturing
Retail
Construction
Agriculture
Mining
Technology
Healthcare
Education
Infrastructure
Transport & Logistics
Professional Services
Legal
Credit
Risk Management
Compliance
Finance
Treasury
Operations
Commercial
Credit Administration
Portfolio Management
Legal Counsel
Credit Manager
Relationship Manager
Risk Officer
Compliance Officer
Credit Analyst
Finance Manager
Commercial Manager
Treasury Manager
Operations Manager
Contract Administrator
Chief Financial Officer
Banking Executive
Credit Risk Officer
Portfolio Manager
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