Asset Based Loan Agreement for Australia

Asset Based Loan Agreement Template for Australia

An Asset Based Loan Agreement governed by Australian law that establishes a lending facility secured by specific assets of the borrower. The agreement details the terms and conditions of the loan, including facility limits, interest rates, security arrangements, and operational requirements. It incorporates Australian regulatory requirements, including those under the Personal Property Securities Act 2009 (Cth) and relevant banking regulations. The document includes comprehensive provisions for asset valuation, monitoring, and enforcement rights, while ensuring compliance with Australian consumer protection and financial services laws.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Asset Based Loan Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Asset Based Loan Agreement?

The Asset Based Loan Agreement is a specialized financing document used when a borrower seeks to obtain credit facilities secured against specific assets such as inventory, equipment, accounts receivable, or other tangible assets. This agreement is particularly suitable for businesses with substantial physical assets or receivables but who may not qualify for traditional unsecured lending. The document, governed by Australian law, establishes the lending relationship, security arrangements, and ongoing operational requirements. It includes provisions compliant with Australian banking regulations, the Personal Property Securities Act 2009 (Cth), and other relevant legislation. The agreement is structured to provide the lender with robust security while giving the borrower flexibility to operate their business within agreed parameters.

What sections should be included in a Asset Based Loan Agreement?

1. Parties: Identification of the lender, borrower, and any guarantors or security providers

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

3. Definitions and Interpretation: Definitions of key terms, financial metrics, and interpretation rules

4. The Facility: Details of the loan amount, purpose, availability and drawdown conditions

5. Security Arrangements: Description of assets provided as security and related security interests

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

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

8. Undertakings: Positive and negative obligations of the borrower during the loan term

9. Interest and Fees: Interest calculation, payment terms, and applicable fees

10. Repayment and Prepayment: Terms for regular repayments and early repayment options

11. Events of Default: Circumstances constituting default and consequences

12. Enforcement: Lender's rights and remedies upon default

13. Changes to Parties: Rules regarding assignment and transfer of rights

14. Administration: Operational aspects including notices and calculations

15. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures

What sections are optional to include in a Asset Based Loan Agreement?

1. Guarantees: Terms of any guarantees provided - include when third-party guarantors are involved

2. Insurance: Specific insurance requirements for secured assets - include for high-value or specialized assets

3. Asset Monitoring: Detailed asset monitoring and reporting requirements - include for complex asset pools

4. Syndication Provisions: Terms for syndicated lending - include when multiple lenders are involved

5. Security Trustee Provisions: Appointment and powers of security trustee - include in syndicated or complex security arrangements

6. Priority Arrangements: Rules regarding priority of security interests - include when multiple security interests exist

7. Special Drawing Rights: Specific conditions for different types of drawings - include for specialized facilities

8. Market Disruption: Provisions for market disruption events - include for variable rate facilities

What schedules should be included in a Asset Based Loan Agreement?

1. Schedule 1 - Facility Details: Detailed terms of the facility including limits, interest rates, and fees

2. Schedule 2 - Conditions Precedent: List of required documents and conditions to be satisfied

3. Schedule 3 - Secured Assets: Detailed description and valuation of assets provided as security

4. Schedule 4 - Drawdown Notice: Form of drawdown notice to be used by borrower

5. Schedule 5 - Compliance Certificate: Form of periodic compliance certificate

6. Schedule 6 - Financial Covenants: Detailed financial covenants and calculation methodologies

7. Schedule 7 - Permitted Security Interests: List of security interests permitted under the agreement

8. Appendix A - Asset Valuation Methodology: Agreed methodology for valuing secured assets

9. Appendix B - Reporting Requirements: Detailed reporting requirements and templates

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Wholesale Trade

Retail

Transportation and Logistics

Construction

Mining

Agriculture

Equipment Leasing

Industrial Services

Automotive

Healthcare

Warehousing and Distribution

Technology Hardware

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Operations

Credit

Asset Management

Corporate Banking

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Risk Manager

Commercial Director

Legal Counsel

Compliance Officer

Asset Manager

Operations Director

Financial Controller

Security Trustee

Facility Agent

Portfolio Manager

Corporate Banking Manager

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

Find the exact document you need

Auto Loan Promissory Note

An Australian-compliant template for vehicle loan agreements that establishes loan terms, security interests, and obligations under national consumer credit laws.

find out more

Contract To Take Over Car Payments

An Australian legal agreement for transferring car payment obligations from one borrower to another, compliant with national consumer credit laws.

find out more

Private Lender Contract

An Australian-law governed agreement establishing terms and conditions for private lending arrangements, including loan details, security, and compliance with national lending regulations.

find out more

Vendor Finance Loan Agreement

An Australian-law governed template agreement for vendor financing arrangements, incorporating security interests and compliance with local credit legislation.

find out more

OverLoan Agreement

An Australian-law governed agreement establishing an overdraft facility between a financial institution and borrower, detailing credit limits, terms, and obligations under Australian banking regulations.

find out more

Fixed Sum Loan Agreement Early Settlement

An Australian-compliant loan agreement template for fixed sum loans with early settlement provisions, meeting National Consumer Credit Protection Act requirements.

find out more

Employee Loan Agreement Interest

An Australian-compliant interest-free loan agreement between employer and employee, including repayment terms and FBT considerations.

find out more

Employee Computer Loan Agreement

An Australian law agreement governing the loan of computer equipment from employer to employee, establishing terms, conditions, and mutual obligations.

find out more

Facility Agreement Loan

An Australian law-governed agreement setting out terms and conditions for the provision of loan facilities between lenders and borrowers, including key financial and operational terms.

find out more

Acknowledgement Of Debt Agreement

An Australian-compliant legal document where a debtor formally acknowledges their debt and agrees to specific repayment terms under Australian law.

find out more

Personal Loan To Business Agreement

An Australian-law governed agreement between an individual lender and a business borrower, establishing terms and conditions for a business loan.

find out more

Loan Agreement Between Family Members

An Australian-compliant legal agreement that formalizes and documents loan arrangements between family members, including terms, conditions, and repayment schedules.

find out more

Standard Mortgage Agreement

An Australian-law governed agreement establishing the terms and security arrangements for a mortgage loan secured against real property.

find out more

Director Loan To Company Agreement

An Australian law-governed agreement documenting the terms and conditions of a loan provided by a director to their company, ensuring regulatory compliance and protecting both parties' interests.

find out more

Construction Loan Contract

An Australian legal agreement for progressive funding of construction projects, governing both financial and construction aspects under Australian federal and state laws.

find out more

Commercial Real Estate Loan Term Sheet

Australian-compliant template outlining key terms and conditions for commercial real estate loan facilities.

find out more

Demand Loan

Australian-compliant demand loan agreement template allowing lenders to call for repayment at any time, suitable for both consumer and business lending.

find out more

Balloon Loan Agreement

An Australian-compliant loan agreement template featuring regular payments and a final balloon payment, structured according to Australian financial and consumer protection laws.

find out more

Loan Agreement Between Two Individuals

An Australian-compliant loan agreement template for personal lending between individuals, establishing terms, conditions, and obligations for both parties.

find out more

Simple Intercompany Loan Agreement

An Australian law template for documenting loan arrangements between related companies within the same corporate group.

find out more

Loan Agreement Between Companies

Australian corporate loan agreement template for inter-company lending, compliant with Australian corporate and financial services laws.

find out more

Home Equity Loan Agreement

Australian-compliant Home Equity Loan Agreement Template establishing terms for property equity-secured lending, including mandatory consumer protection provisions.

find out more

Simple Promissory Note For Family Loan

An Australian legal document that formalizes and documents the terms of a monetary loan between family members, providing legal protection while maintaining familial considerations.

find out more

Debt Payment Agreement

An Australian-compliant template for structuring and documenting debt repayment arrangements between creditors and debtors, incorporating all essential legal and practical provisions.

find out more

Inter Lender Agreement

An Australian law-governed agreement establishing rights, priorities, and relationships between multiple lenders in a financing arrangement.

find out more

Hand Loan Agreement

An Australian-compliant agreement documenting the terms and conditions of a personal or small business loan between parties, including loan amount, interest, and repayment terms.

find out more

Flexi Finance Loan Agreement

An Australian-compliant flexible finance agreement establishing a revolving credit facility with variable drawdown and repayment terms.

find out more

Credit Terms Agreement

An Australian-compliant template for establishing credit arrangements between providers and customers, incorporating all necessary legal and regulatory requirements.

find out more

Assignment Of Loan Agreement

Australian-compliant template for transferring loan rights and obligations from one lender to another, suitable for various types of loan assignments under Australian law.

find out more

Agreement Between Two Persons For Money

An Australian law-governed agreement formalizing financial arrangements between two individuals, including payment terms and obligations.

find out more

Subordinated Loan Agreement

Australian law template for subordinated loan arrangements, establishing terms for junior-ranking debt with comprehensive creditor provisions.

find out more

Loan Payment Agreement

An Australian-law governed agreement establishing loan terms, repayment conditions, and parties' obligations in a lending arrangement.

find out more

Loan Participation Agreement

Australian law-governed template for loan participation arrangements between financial institutions, establishing terms for loan interest transfers and regulatory compliance.

find out more

Simple Loan Application Form

An Australian-compliant loan application form template for collecting and assessing borrower information in accordance with national lending regulations.

find out more

Private Lending Term Sheet

An Australian law-compliant template outlining key terms and conditions for private lending arrangements, serving as the foundation for the final loan agreement.

find out more

Personal Loan Receipt

An Australian-compliant template for documenting personal loan receipts, capturing loan details and acknowledgment of funds transfer between parties.

find out more

Payday Loan Contract

An Australian-compliant payday loan contract template for small amount credit contracts (SACCs), incorporating all regulatory requirements and consumer protections under Australian law.

find out more

Facility Agreement

An Australian law-governed template agreement setting out terms and conditions for corporate lending facilities, including key provisions for facility mechanics, security, and covenants.

find out more

Debt Repayment Contract

An Australian-compliant Debt Repayment Contract Template for documenting and managing debt repayment arrangements between creditors and debtors.

find out more

Employee Forgivable Loan Agreement

An Australian-law governed agreement establishing terms for an employer-provided loan to an employee that can be forgiven based on specified employment and performance conditions.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now