Facility Agreement Loan for Australia

Facility Agreement Loan Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions under which a lender provides financial accommodation to a borrower. The document details the facility amount, interest calculations, repayment terms, security arrangements, representations and warranties, covenants, and events of default. It incorporates Australian regulatory requirements, including those under the National Consumer Credit Protection Act and Banking Act, while addressing specific state law considerations. The agreement can be structured for bilateral or syndicated lending arrangements and includes provisions for both secured and unsecured facilities.

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What is a Facility Agreement Loan?

The Facility Agreement Loan is a fundamental document in Australian commercial lending practice, used to formalize the provision of financial accommodation from lenders to borrowers. It is essential for both corporate and institutional lending arrangements, ranging from simple bilateral facilities to complex syndicated loans. The agreement comprehensively addresses all aspects of the lending relationship, including facility terms, security arrangements, representations, covenants, and enforcement rights. It must comply with Australian banking and financial services regulations, including ASIC requirements and state-specific legislation. This document is particularly crucial for establishing legally enforceable lending arrangements while ensuring regulatory compliance and risk management. It serves as the primary reference point for all parties throughout the life of the facility, from drawdown to final repayment.

What sections should be included in a Facility Agreement Loan?

1. Parties: Identification of the lender(s) and borrower(s)

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

3. Definitions and Interpretation: Defined terms, rules of interpretation, and currency conventions

4. The Facility: Key terms including facility amount, purpose, availability period, and drawdown conditions

5. Interest: Interest rate, calculation methods, payment periods, and default interest provisions

6. Repayment: Repayment terms, prepayment provisions, and payment mechanics

7. Representations and Warranties: Borrower's confirmations regarding their status, capacity, and circumstances

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

9. Events of Default: Circumstances constituting default and consequences

10. Changes to Parties: Assignment and transfer provisions

11. Administration: Operational aspects including calculations, notices, and banking arrangements

12. Governing Law and Enforcement: Choice of law, jurisdiction, and dispute resolution provisions

13. General Provisions: Boilerplate clauses including severability, amendments, and entire agreement

What sections are optional to include in a Facility Agreement Loan?

1. Security: Required when the facility is secured - details security arrangements and enforcement rights

2. Guarantees: Include when there are guarantors - specifies guarantee obligations and guarantor provisions

3. Agent and Security Trustee: Required for syndicated facilities with multiple lenders

4. Market Disruption: Include for facilities with variable interest rates to address market disruption events

5. Increased Costs and Tax Provisions: Detailed provisions for commercial lenders or cross-border transactions

6. Special Drawing Conditions: For facilities with specific drawing requirements or conditions

7. Financial Covenants: Include for corporate borrowers or when financial metrics need to be maintained

8. Review Events: Include when periodic review of facility terms is required

What schedules should be included in a Facility Agreement Loan?

1. Facility Particulars: Detailed facility terms including amounts, interest rates, and fees

2. Conditions Precedent: List of required documents and conditions for facility effectiveness and drawdown

3. Form of Drawdown Notice: Template for borrower to request loan disbursements

4. Form of Compliance Certificate: Template for periodic confirmation of compliance with facility terms

5. Repayment Schedule: Detailed schedule of repayment dates and amounts

6. Security Details: List and details of security assets and documents

7. Permitted Security Interests: List of security interests allowed under the facility

8. Form of Transfer Certificate: Template for transferring facility participation

9. Form of Accession Deed: Template for new parties joining the facility agreement

10. Financial Covenants Calculations: Detailed methods for calculating financial covenants

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

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Retail

Mining and Resources

Infrastructure

Healthcare

Technology

Agriculture

Construction

Transportation and Logistics

Education

Professional Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Banking

Loan Administration

Company Secretariat

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Relationship Manager

Credit Manager

Risk Officer

Compliance Officer

Financial Controller

Banking Executive

Loan Officer

Company Secretary

Managing Director

Finance 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

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