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Simple Construction Loan Agreement
"I need a Simple Construction Loan Agreement for a residential property development in Brisbane, Australia, with a loan facility of AUD 2.5 million to be drawn down in stages during 2025, including specific provisions for cost overruns and builder default."
1. Parties: Identifies the lender and borrower with their full legal names and addresses
2. Background: Sets out the context of the loan agreement, including the purpose of the construction loan and property details
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Loan Facility: Details the loan amount, purpose, and terms of availability
5. Construction Requirements: Specifies the construction milestones, progress payment conditions, and building requirements
6. Interest and Fees: Specifies interest rate, calculation method, and applicable fees
7. Drawdown Conditions: Lists conditions precedent and ongoing requirements for drawing down the loan
8. Repayment Terms: Details repayment schedule, methods, and prepayment provisions
9. Security: Describes the security arrangements for the loan
10. Borrower Warranties and Undertakings: Lists borrower's representations and ongoing obligations
11. Events of Default: Defines circumstances constituting default and consequences
12. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law
1. Guarantor Provisions: Required when there are third-party guarantors for the loan
2. Insurance Requirements: Detailed insurance obligations beyond standard requirements
3. Builder Requirements: Specific provisions relating to approved builders and building contracts
4. Cost Overrun Facility: Terms for additional funding if construction costs exceed estimates
5. Environmental Matters: Required when the construction involves specific environmental considerations or risks
6. Multiple Security Properties: Required when more than one property is offered as security
7. Development Approval Conditions: Required when construction is subject to specific development approvals
1. Schedule 1 - Loan Summary: Key financial terms including loan amount, interest rate, fees, and payment schedule
2. Schedule 2 - Property Details: Legal description of the construction property and security properties
3. Schedule 3 - Construction Schedule: Detailed construction milestones and progress payment stages
4. Schedule 4 - Required Insurance: Specific insurance requirements and minimum coverage amounts
5. Schedule 5 - Drawdown Requirements: Documentation required for each construction progress payment
6. Schedule 6 - Approved Plans and Specifications: Reference to approved construction plans and specifications
7. Appendix A - Form of Drawdown Notice: Template for requesting loan drawdowns
8. Appendix B - Progress Payment Certificate: Template for builder/surveyor to certify completion of construction stages
Authors
Approved Plans and Specifications
Approved Purpose
Authorisation
Building Contract
Builder
Business Day
Certificate of Currency
Certificate of Occupancy
Completion Date
Construction Cost
Construction Period
Construction Schedule
Construction Works
Default Rate
Development Approval
Drawdown
Drawdown Date
Drawdown Notice
Drawdown Schedule
Event of Default
Facility
Facility Limit
Final Completion
Finance Documents
Financial Indebtedness
Government Agency
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Land
Lending Rate
Loan
Loan Amount
Material Adverse Effect
Mortgage
Occupancy Permit
Payment Date
Permitted Security Interest
Planning Permit
Progress Payment
Project
Property
Quantity Surveyor
Reference Rate
Related Entity
Repayment Date
Security
Security Documents
Security Interest
Security Property
Stage
Survey Report
Title Documents
Valuation
Valuer
Works
Loan Facility
Purpose
Conditions Precedent
Drawdown
Interest
Fees and Charges
Repayment
Construction Obligations
Progress Payments
Security
Representations and Warranties
Undertakings
Insurance
Events of Default
Enforcement
Builder Requirements
Project Management
Property Requirements
Cost Overruns
Assignment
Confidentiality
Privacy
Notice Requirements
Governing Law
Dispute Resolution
Force Majeure
Severability
Amendment
Counterparts
Time of Essence
Entire Agreement
Banking & Financial Services
Construction & Engineering
Real Estate Development
Property & Real Estate
Residential Construction
Commercial Construction
Property Investment
Building & Infrastructure
Legal
Finance
Credit Risk
Compliance
Construction Finance
Property Development
Project Management
Loan Administration
Risk Management
Commercial Lending
Finance Manager
Construction Project Manager
Legal Counsel
Loan Officer
Credit Risk Manager
Property Developer
Construction Finance Specialist
Compliance Officer
Contract Administrator
Property Finance Manager
Development Manager
Building Project Manager
Construction Loan Specialist
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