Term Loan Agreement Template for Australia

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Key Requirements PROMPT example:

Term Loan Agreement

"I need a Term Loan Agreement for a secured loan of AUD 5 million to a property development company for a new residential project in Sydney, with quarterly interest payments and multiple drawdown facilities available until March 2025."

Document background
The Term Loan Agreement is a fundamental financing document used in Australian commercial lending transactions where a lender provides a fixed-term loan to a borrower. It is particularly useful for businesses seeking medium to long-term financing for specific purposes such as capital expenditure, acquisitions, or general corporate purposes. The agreement must comply with Australian banking regulations, consumer protection laws (where applicable), and security registration requirements. It typically contains detailed provisions on loan mechanics, security arrangements, covenants, and enforcement rights, tailored to the Australian legal framework. This document is essential for both bilateral and syndicated lending arrangements and can be adapted for various sectors and borrower types, from small businesses to large corporations.
Suggested Sections

1. Parties: Identification of lender and borrower with full legal names and details

2. Background: Context of the loan agreement and general purpose

3. Definitions and Interpretation: Defined terms, interpretation rules, and calculation conventions

4. The Facility: Key terms of the loan including amount, purpose, and availability

5. Interest: Interest rate, calculation method, payment periods

6. Repayment: Repayment schedule, amounts, and mechanisms

7. Representations and Warranties: Borrower's statements about their legal and financial status

8. Undertakings: Ongoing obligations of the borrower during the loan term

9. Events of Default: Circumstances constituting default and consequences

10. Changes to Parties: Rules for assignment and transfer of rights

11. Administration: Mechanics of payments, calculations, and notices

12. Governing Law and Enforcement: Jurisdiction, dispute resolution, and enforcement provisions

Optional Sections

1. Security: Required if loan is secured - details of security arrangements

2. Guarantees: Required if guaranteed - terms of guarantee and guarantor obligations

3. Conditions Precedent: Include if there are specific conditions before drawdown

4. Increased Costs and Tax Provisions: Required for larger commercial loans or where tax complexity exists

5. Market Disruption: Include for loans with variable rates tied to market benchmarks

6. Multiple Borrowers: Required if more than one borrower - joint and several liability provisions

7. Break Costs: Include if early repayment requires break cost calculations

8. Special Purpose Vehicle Provisions: Required if borrower is an SPV - additional covenants and restrictions

Suggested Schedules

1. Loan Terms Schedule: Key commercial terms including amount, interest rate, term, and repayment schedule

2. Conditions Precedent: List of required documents and conditions before drawdown

3. Repayment Schedule: Detailed amortization table if applicable

4. Form of Drawdown Notice: Template for borrower to request loan disbursement

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

6. Security Details: Description of security assets and registration requirements if secured

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

8. Form of Transfer Certificate: Template for transferring loan participation

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

Real Estate

Infrastructure

Manufacturing

Retail

Agriculture

Mining

Construction

Technology

Healthcare

Education

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Corporate Banking

Commercial Banking

Operations

Company Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Lawyer

Credit Manager

Risk Manager

Relationship Manager

Loan Officer

Compliance Officer

Company Secretary

Financial Controller

Banking Executive

Credit Analyst

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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