The Common Terms Agreement is utilized in complex financing arrangements where multiple lenders provide various types of debt facilities to a borrower or borrower group. It serves as the master agreement that sets out the common terms applying to all facilities, reducing documentation complexity and ensuring consistency across the financing package. This document type is particularly relevant in the Australian market for syndicated loans, project financing, and corporate lending transactions where multiple facilities are required. The agreement typically includes detailed provisions covering financial covenants, representations and warranties, events of default, and other key terms that apply uniformly across all facilities. It must comply with Australian law requirements, including the Corporations Act 2001, and typically incorporates market standard provisions developed through Australian market practice.
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.
OR
Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc
1. Parties: Identifies all parties to the agreement, including borrowers, lenders, facility agents, and security trustees
2. Background: Provides context for the agreement and outlines the purpose of the financing arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. The Facilities: Overview of all facilities covered by the common terms
5. Purpose and Application: Specified purposes for which the facilities may be used
6. Conditions Precedent: Conditions that must be satisfied before facilities become available
7. Representations and Warranties: Standard representations and warranties given by the borrower
8. Financial Covenants: Financial ratios and requirements that borrowers must maintain
9. General Undertakings: Positive and negative covenants applicable to the borrower
10. Events of Default: Circumstances that constitute default and trigger remedial actions
11. Changes to Parties: Procedures for transfers, assignments, and changes to parties
12. Administration: Administrative provisions including notices and calculations
13. Governing Law and Enforcement: Choice of law, jurisdiction, and enforcement provisions
1. Information Undertakings: Detailed reporting requirements - include when regular financial or operational reporting is required
2. Tax Provisions: Detailed tax gross-up and indemnity provisions - include when cross-border elements exist
3. Increased Costs and Illegality: Provisions for regulatory changes - include when dealing with regulated lenders
4. Set-off Rights: Detailed set-off provisions - include when multiple facilities or cross-default provisions exist
5. Bail-in Provisions: Required when EU/UK regulated institutions are involved
6. Multi-currency Provisions: Include when facilities can be drawn in multiple currencies
7. Subordination Terms: Include when there are multiple classes of debt or intercreditor arrangements
1. Form of Transfer Certificate: Standard form for transferring rights and obligations under the agreement
2. Form of Compliance Certificate: Template for periodic compliance certification
3. Form of Accession Deed: Standard form for new parties joining the agreement
4. Financial Covenant Calculations: Detailed methodology for calculating financial covenants
5. Conditions Precedent Documents: List of required documents and conditions
6. Contact Details: Administrative and notice details for all parties
7. Existing Security: Details of permitted security interests
8. Form of Additional Facility Notice: Template for adding new facilities under the agreement
Relevant legal definitions
Accordion Facility
Accounting Principles
Additional Borrower
Additional Guarantor
Affiliate
Agent
Approved Purpose
Authorisation
Availability Period
Available Commitment
Available Facility
Business Day
Commitment
Compliance Certificate
Confidential Information
Default
Default Rate
Defaulting Lender
Disposal
Disruption Event
Distribution
EBITDA
Encumbrance
Event of Default
Facility
Facility Office
Finance Document
Finance Party
Financial Close
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Hedge Agreement
Holding Company
Increased Cost
Insolvency Event
Interest Period
Interest Rate
Legal Reservation
Lender
Majority Lenders
Material Adverse Effect
Obligor
Original Financial Statements
Original Jurisdiction
Original Obligor
Permitted Disposal
Permitted Financial Indebtedness
Permitted Security Interest
Potential Event of Default
Quotation Day
Reference Banks
Reference Bank Rate
Related Corporation
Relevant Market
Security
Security Interest
Security Provider
Security Trust
Security Trust Deed
Subsidiary
Tax
Total Commitments
Transaction Document
Transfer Certificate
Transfer Date
Unpaid Sum
Accounting Principles
Additional Borrower
Additional Guarantor
Affiliate
Agent
Approved Purpose
Authorisation
Availability Period
Available Commitment
Available Facility
Business Day
Commitment
Compliance Certificate
Confidential Information
Default
Default Rate
Defaulting Lender
Disposal
Disruption Event
Distribution
EBITDA
Encumbrance
Event of Default
Facility
Facility Office
Finance Document
Finance Party
Financial Close
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Hedge Agreement
Holding Company
Increased Cost
Insolvency Event
Interest Period
Interest Rate
Legal Reservation
Lender
Majority Lenders
Material Adverse Effect
Obligor
Original Financial Statements
Original Jurisdiction
Original Obligor
Permitted Disposal
Permitted Financial Indebtedness
Permitted Security Interest
Potential Event of Default
Quotation Day
Reference Banks
Reference Bank Rate
Related Corporation
Relevant Market
Security
Security Interest
Security Provider
Security Trust
Security Trust Deed
Subsidiary
Tax
Total Commitments
Transaction Document
Transfer Certificate
Transfer Date
Unpaid Sum
Clauses
Interpretation
Facilities
Purpose
Conditions Precedent
Utilisation
Repayment
Prepayment
Interest
Interest Periods
Fees
Tax Gross-Up and Indemnities
Increased Costs
Mitigation
Payments
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Security
Guarantee
Set-Off
Assignment and Transfer
Changes to Parties
Role of Agents
Conduct of Business by Finance Parties
Payment Mechanics
Sharing Among Finance Parties
Currency
Disruption to Payment Systems
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Service of Process
Facilities
Purpose
Conditions Precedent
Utilisation
Repayment
Prepayment
Interest
Interest Periods
Fees
Tax Gross-Up and Indemnities
Increased Costs
Mitigation
Payments
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Security
Guarantee
Set-Off
Assignment and Transfer
Changes to Parties
Role of Agents
Conduct of Business by Finance Parties
Payment Mechanics
Sharing Among Finance Parties
Currency
Disruption to Payment Systems
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Service of Process
Relevant Industries
Banking & Financial Services
Infrastructure
Real Estate
Mining & Resources
Energy
Manufacturing
Telecommunications
Transport & Logistics
Healthcare
Retail & Consumer
Agriculture
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Finance
Operations
Company Secretariat
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Banking Relationship Manager
Syndications Manager
Debt Finance Manager
Transaction Manager
Credit Risk Officer
Find the exact document you need
Unregistered Sale Agreement With Possession
An Australian legal agreement allowing property possession before title transfer, setting out terms and conditions for interim occupation and eventual sale completion.
find out more
Consignment Agreement Form
An Australian-law governed agreement establishing terms for consignment sales arrangements, including commission structures and party responsibilities.
find out more
Business Lease Agreement
An Australian-law governed agreement establishing terms and conditions for commercial property leasing, including rent, maintenance, and usage rights.
find out more
General Tenancy Agreement
An Australian residential lease agreement that establishes the legal framework for property rental, compliant with state tenancy laws.
find out more
Residential Lease Agreement Form
An Australian-compliant residential lease agreement template establishing terms and conditions between landlord and tenant for residential property rental.
find out more
Written Agreement
An Australian law-compliant Written Agreement establishing legally binding terms between parties, suitable for various business relationships and transactions.
find out more
Simple Agreement
An Australian law-compliant Simple Agreement template suitable for various commercial arrangements, featuring essential contract elements and basic protections.
find out more
Side Agreement
An Australian law-governed Side Agreement that modifies or supplements an existing primary agreement between parties.
find out more
Lease Agreement With Option To Purchase
An Australian law-governed agreement combining property lease terms with a future purchase option, suitable for both residential and commercial properties.
find out more
Formal Agreement
Australian law-compliant Formal Agreement template with comprehensive contractual provisions suitable for various commercial relationships.
find out more
Casual Worker Contract
An Australian-compliant casual employment contract template establishing terms and conditions for casual workers under the Fair Work Act 2009.
find out more
Boilerplate Agreement
An Australian law-compliant template agreement establishing standard terms and conditions for business relationships.
find out more
Tooling Agreement
An Australian-law agreement governing the ownership, use, and maintenance of industrial tooling, dies, and specialized equipment between manufacturers and users.
find out more
Representation Agreement
An Australian-law governed agreement establishing the terms and conditions under which a representative may act on behalf of a principal.
find out more
Provisional Agreement
An Australian-law governed temporary contractual arrangement establishing interim terms and conditions between parties while working towards a permanent agreement or short-term objective.
find out more
Preliminary Agreement
An Australian law-governed framework document establishing initial terms and conditions for commercial negotiations, including both binding and non-binding provisions.
find out more
Lease With Option To Buy
An Australian agreement combining a property lease with a future purchase option, governed by Australian property law and regulations.
find out more
Land Agreement Between Two Parties
An Australian legal agreement governing land transfer or use between two parties, compliant with federal and state property laws.
find out more
Common Terms Agreement
An Australian law-governed master agreement establishing standard terms across multiple facility agreements in a syndicated financing arrangement.
find out more
Subordination Agreement Mortgage
An Australian law agreement establishing priority arrangements between multiple mortgage holders over the same property, setting out their respective rights and ranking of security interests.
find out more
Enforceable Contract
Australian-compliant enforceable contract template suitable for various business relationships, incorporating all essential elements required under Australian contract law.
find out more
Basic Contract
A standard Australian-law compliant contract template for establishing basic business agreements between parties.
find out more
Prenuptial Agreement
An Australian Binding Financial Agreement (prenuptial agreement) that outlines financial arrangements between prospective spouses under the Family Law Act 1975.
find out more
Rental Lease Agreement Form
An Australian-compliant legal document establishing the terms and conditions between landlord and tenant for residential property rental.
find out more
Contra Agreement
An Australian legal document governing the exchange of goods or services between parties without monetary payment, compliant with Australian contract law and GST regulations.
find out more
Lease Agreement
An Australian lease agreement governing the terms and conditions for property rental, compliant with federal and state property laws.
find out more
Contractual Agreement
An Australian law-governed agreement establishing formal business relationships between parties, outlining rights, obligations, and terms of engagement.
find out more
Security Agreement Form
An Australian legal document creating a security interest in personal property under the PPSA, detailing terms of security arrangements between secured parties and grantors.
find out more
Labour Contract Agreement For Construction Of House
An Australian-compliant labour contract agreement for residential house construction, outlining construction terms, responsibilities, and legal obligations.
find out more
Business Cooperation Agreement
An Australian law-governed agreement establishing terms for business cooperation between two or more entities.
find out more
Rolling Tenancy Agreement
An Australian periodic residential tenancy agreement that continues indefinitely until terminated by notice from either party, compliant with Australian tenancy laws.
find out more
Lodger Agreement
An Australian legal agreement between a property owner/head tenant and a lodger for shared living arrangements, covering room usage, facilities, payments, and house rules.
find out more
Consulting Agreement
An Australian-law governed agreement establishing terms and conditions for professional consulting services between a consultant and client.
find out more
Intent To Purchase Agreement
An Australian-law governed preliminary agreement outlining the intention to purchase assets, property, or business interests, establishing key transaction terms and conditions.
find out more
Head Of Terms Agreement
An Australian-law governed preliminary agreement outlining key commercial terms between parties, serving as a framework for negotiating definitive agreements.
find out more
Business Contract
Australian business contract template for commercial relationships, compliant with Australian law and adaptable to various business contexts.
find out more
Umbrella Agreement
An Australian law-governed master agreement establishing a framework for ongoing business relationships and future specific agreements between parties.
find out more
Share Purchase Agreement
An Australian law-governed agreement documenting the sale and purchase of shares in a company, including price, warranties, and completion mechanics.
find out more
Rent To Own Agreement Form
An Australian legal agreement establishing terms for a property rent-to-own arrangement, combining rental terms with a future purchase option.
find out more
Consulting Services Agreement
An Australian law agreement governing the provision of professional consulting services, establishing terms, conditions, and obligations between consultant and client.
find out more
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
.png)
.png)