Business Loan Term Sheet for Australia

Business Loan Term Sheet Template for Australia

A Business Loan Term Sheet is a preliminary document that outlines the principal terms and conditions of a proposed business loan facility in Australia. It serves as a basis for negotiation and the preparation of formal loan documentation. While generally non-binding (except for specific provisions like confidentiality), it captures key commercial terms including loan amount, interest rate, security requirements, conditions precedent, and principal undertakings. The document complies with Australian banking and financial services regulations, including requirements under the Corporations Act 2001 and other relevant federal legislation.

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What is a Business Loan Term Sheet?

A Business Loan Term Sheet is typically used in the initial stages of business loan negotiations in Australia, serving as a framework for subsequent detailed loan documentation. It is employed when a lender has preliminarily approved a loan facility but needs to document the key commercial terms for internal approval and further negotiation. The document includes essential elements such as facility amount, interest rate, tenure, security structure, key conditions, and major undertakings. While primarily non-binding, it helps ensure all parties have a clear understanding of the proposed terms before proceeding to costly and time-consuming formal documentation. The term sheet must align with Australian banking regulations and financial services laws, including the National Consumer Credit Protection Act 2009 and the Corporations Act 2001, particularly regarding disclosure requirements and financial services licensing.

What sections should be included in a Business Loan Term Sheet?

1. Parties: Identification of lender and borrower, including ABN/ACN and registered addresses

2. Background: Brief context of the proposed loan facility and its purpose

3. Definitions: Key terms used throughout the term sheet

4. Facility Type and Amount: Type of loan facility and the total amount to be provided

5. Interest Rate: Applicable interest rate, calculation method, and payment frequency

6. Term and Repayment: Duration of the loan and repayment structure

7. Security: Overview of security requirements and guarantees

8. Key Conditions Precedent: Essential conditions to be met before loan drawdown

9. Key Undertakings: Principal ongoing obligations of the borrower

10. Events of Default: Summary of key events triggering default

11. Fees: All applicable fees including establishment, ongoing, and early repayment fees

12. Confidentiality: Binding confidentiality obligations regarding the term sheet

13. Non-Binding Nature: Statement clarifying the non-binding nature of the term sheet (except for specific clauses)

14. Governing Law: Specification of Australian law as governing law

What sections are optional to include in a Business Loan Term Sheet?

1. Financial Covenants: Specific financial ratios and requirements - include for larger or complex loans

2. Hedging Requirements: Interest rate or currency hedging obligations - include if hedging is required

3. Syndication Rights: Terms for potential loan syndication - include for larger facilities

4. Material Adverse Change: MAC clause definition and implications - include for significant loan amounts

5. Insurance Requirements: Specific insurance obligations - include when security includes physical assets

6. Environmental Obligations: Environmental compliance requirements - include for environmentally sensitive industries

7. Review Events: Circumstances triggering loan review - include for longer-term facilities

8. Security Release Mechanics: Process for releasing security - include for complex security structures

What schedules should be included in a Business Loan Term Sheet?

1. Indicative Repayment Schedule: Preliminary amortization schedule showing expected repayment dates and amounts

2. Security Assets Schedule: List of assets proposed as security (if complex security package)

3. Fee Schedule: Detailed breakdown of all applicable fees and charges

4. Required Information List: List of due diligence documents and information required from borrower

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
Relevant Industries

Banking and Financial Services

Commercial Real Estate

Manufacturing

Retail

Technology

Healthcare

Agriculture

Mining and Resources

Construction

Transport and Logistics

Professional Services

Hospitality and Tourism

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Commercial Banking

Corporate Finance

Compliance

Executive Management

Company Secretariat

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Commercial Banking Manager

Relationship Manager

Credit Risk Manager

Legal Counsel

Corporate Lawyer

Managing Director

Chief Executive Officer

Business Development Manager

Commercial Director

Company Secretary

Account Manager

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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