A Capital Loan Agreement is a crucial financial instrument used in Australia when a business or individual requires substantial funding for capital expenditure, expansion, or other significant financial needs. This document is essential for transactions involving large-scale financing, typically secured against assets or other forms of collateral. The agreement must comply with Australian federal legislation, including the National Consumer Credit Protection Act 2009 and the Personal Property Securities Act 2009, as well as state-specific contract laws. It contains detailed provisions covering loan terms, security arrangements, covenants, representations and warranties, and enforcement mechanisms. The document is particularly important for businesses seeking growth capital, asset acquisition, or major project funding, and it provides legal protection for both the lender and borrower by clearly defining their rights and obligations.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Provides context for the loan agreement, including the purpose of the loan and any relevant pre-contractual arrangements
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules for interpretation
4. The Loan: Specifies the loan amount, purpose, and conditions precedent to drawdown
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment: Specifies repayment terms, including schedule, method, and prepayment provisions
7. Security: Describes the security arrangements for the loan
8. Representations and Warranties: Sets out the representations and warranties made by the Borrower
9. Borrower Covenants: Details the positive and negative covenants the Borrower must observe
10. Events of Default: Lists circumstances that constitute default and their consequences
11. Enforcement: Outlines the Lender's rights and remedies upon default
12. Costs and Expenses: Allocates responsibility for fees, costs, and expenses
13. Notices: Specifies how formal communications between parties should be made
14. General Provisions: Includes standard boilerplate clauses such as severability, entire agreement, and governing law
1. Guarantee: Required when there are third-party guarantors for the loan
2. Special Conditions: Used when there are unique terms specific to this loan arrangement
3. Insurance Requirements: Detailed when specific insurance coverage is required for secured assets
4. Financial Covenants: Required for business loans with specific financial performance requirements
5. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
6. Syndication Provisions: Required for loans that may be syndicated to multiple lenders
7. Cross-Default: Include when default under other specified agreements should trigger default under this loan
8. Review Events: Used when regular review of the facility or borrower circumstances is required
1. Loan Details Schedule: Details of loan amount, interest rate, repayment schedule, and key dates
2. Security Details: Detailed description of all security assets and registration requirements
3. Conditions Precedent: Checklist of all conditions that must be satisfied before drawdown
4. Repayment Schedule: Detailed amortization schedule showing all payment dates and amounts
5. Form of Drawdown Notice: Template for the Borrower to request loan disbursement
6. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
7. Permitted Security Interests: List of pre-approved security interests that may exist over assets
8. Financial Reporting Requirements: Details of required financial statements and reporting timeframes
Relevant legal definitions
Acceptance
Advance
Agreement
Applicable Rate
Authorised Officer
Availability Period
Banking Day
Borrower
Business Day
Calculation Period
Commitment
Conditions Precedent
Control
Default
Default Rate
Drawdown Date
Drawdown Notice
EBITDA
Encumbrance
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Records
Financial Statements
Government Agency
GST
Guarantee
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Permitted Security Interest
PPSA
Principal Outstanding
Security
Security Interest
Security Provider
Security Trust Deed
Secured Property
Taxes
Term
Transaction Documents
Unpaid Sum
Advance
Agreement
Applicable Rate
Authorised Officer
Availability Period
Banking Day
Borrower
Business Day
Calculation Period
Commitment
Conditions Precedent
Control
Default
Default Rate
Drawdown Date
Drawdown Notice
EBITDA
Encumbrance
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Records
Financial Statements
Government Agency
GST
Guarantee
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Permitted Security Interest
PPSA
Principal Outstanding
Security
Security Interest
Security Provider
Security Trust Deed
Secured Property
Taxes
Term
Transaction Documents
Unpaid Sum
Clauses
Loan Facility
Interest and Interest Periods
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Financial Covenants
General Undertakings
Information Undertakings
Events of Default
Acceleration
Assignment and Transfer
Costs and Expenses
Tax Gross Up and Indemnities
Guarantee and Indemnity
Set-off
Payment Mechanics
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Service of Process
Interest and Interest Periods
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Financial Covenants
General Undertakings
Information Undertakings
Events of Default
Acceleration
Assignment and Transfer
Costs and Expenses
Tax Gross Up and Indemnities
Guarantee and Indemnity
Set-off
Payment Mechanics
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Service of Process
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Mining and Resources
Infrastructure
Agriculture
Healthcare
Technology and Communications
Retail and Consumer Goods
Construction
Transport and Logistics
Education
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit Assessment
Corporate Banking
Business Development
Investment
Operations
Company Secretariat
Executive Leadership
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Risk Manager
Credit Manager
Relationship Manager
Compliance Officer
Company Secretary
Financial Controller
Business Development Manager
Investment Manager
Portfolio Manager
Managing Director
Chief Executive Officer
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