Unregulated Credit Agreement Template for Australia

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Key Requirements PROMPT example:

Unregulated Credit Agreement

"I need an Unregulated Credit Agreement for a $5 million business loan to a manufacturing company, with quarterly repayments over 3 years, secured against commercial property and manufacturing equipment, to be executed by March 2025."

Document background
The Unregulated Credit Agreement is designed for commercial lending arrangements in Australia where the borrower is obtaining credit for business or investment purposes, thus falling outside the National Consumer Credit Protection Act. This document is typically used when financial institutions or private lenders provide credit facilities to corporate entities, sophisticated investors, or business ventures. It includes comprehensive terms covering facility details, drawdown mechanisms, security arrangements, covenants, and default provisions. The agreement's structure reflects Australian commercial law requirements while maintaining flexibility for complex business transactions. It's particularly suitable for commercial property financing, business expansion funding, investment facilities, and other business-purpose lending where the borrower doesn't require consumer credit protections.
Suggested Sections

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

2. Background: Context of the loan arrangement and purpose of the facility

3. Definitions: Definitions of key terms used throughout the agreement

4. Facility Details: Amount, purpose, and type of credit facility being provided

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

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

7. Interest: Interest rate, calculation method, and payment terms

8. Repayment: Repayment terms, schedule, and mechanisms

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

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

11. Events of Default: Circumstances constituting default and consequences

12. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Security: Details of any security arrangements - include if the loan is secured

2. Guarantee: Terms of guarantee - include if there are guarantors

3. Special Drawdown Conditions: For facilities with multiple trenches or special drawdown requirements

4. Review Events: Circumstances triggering facility review - for longer-term facilities

5. Financial Covenants: Financial maintenance requirements - for larger commercial loans

6. Insurance Requirements: Specific insurance obligations - for secured loans or higher-risk borrowers

7. Early Repayment: Terms for early repayment or prepayment - if permitted

8. Assignment and Transfer: Rights to assign or transfer the facility - for syndicated or transferable loans

Suggested Schedules

1. Facility Terms Schedule: Detailed commercial terms including amounts, rates, and fees

2. Repayment Schedule: Detailed repayment dates and amounts

3. Security Details: Description of security assets and arrangements

4. Conditions Precedent Checklist: List of required documents and conditions

5. Drawdown Notice Form: Template form for requesting drawdown

6. Compliance Certificate: Template for periodic compliance certification

7. Guarantee Deed: Form of guarantee if applicable

8. Fee Schedule: Detailed breakdown of all applicable fees

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

Financial Services

Commercial Real Estate

Manufacturing

Wholesale Trade

Professional Services

Mining and Resources

Agriculture

Infrastructure

Technology

Healthcare

Education (Private)

Hospitality

Relevant Teams

Legal

Finance

Credit Risk

Commercial Banking

Treasury

Compliance

Business Development

Corporate Advisory

Deal Structuring

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Lending Manager

Credit Risk Manager

Corporate Lawyer

Legal Counsel

Business Development Manager

Commercial Banking Officer

Treasury Manager

Financial Controller

Investment Manager

Compliance Officer

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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