This Finance Agreement template is designed for use in Australian lending transactions, providing a comprehensive framework for documenting financial facilities provided by banks, financial institutions, and other lenders. It is suitable for various lending scenarios, from simple bilateral loans to more complex financing arrangements. The agreement incorporates mandatory requirements under Australian financial services law, including consumer protection provisions, responsible lending obligations, and regulatory compliance measures. It contains provisions for interest calculation, security arrangements, representations and warranties, and events of default, all aligned with Australian market practice and legal requirements. The document is structured to be adaptable for different facility types while maintaining compliance with Australian banking and finance regulations.
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1. Parties: Identification of all parties to the agreement, including lender and borrower details
2. Background: Context of the financing arrangement and purpose of the facility
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. The Facility: Core terms of the financing including amount, purpose, and availability
5. Interest and Fees: Interest calculation methodology, rates, fees and charges
6. Repayment Terms: Repayment schedule, methods, and prepayment provisions
7. Conditions Precedent: Prerequisites that must be satisfied before funding
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Undertakings: Ongoing obligations of the borrower during the term of the facility
10. Events of Default: Circumstances that constitute default and consequences
11. Privacy and Information: Handling of personal information and credit reporting
12. Anti-Money Laundering: AML/CTF compliance requirements
13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Security: Include when the facility is secured by assets or guarantees
2. Guarantee: Required when third-party guarantors are involved
3. Insurance: Include when specific insurance requirements apply to secured assets
4. Special Drawing Conditions: For facilities with multiple drawdown requirements or special conditions
5. Financial Covenants: For commercial loans requiring ongoing financial metrics to be maintained
6. Multiple Borrowers: Additional provisions for joint and several liability when multiple borrowers exist
7. Change of Control: For corporate borrowers where ownership changes need to be restricted
8. Electronic Transactions: Include when agreement execution and operations will be conducted electronically
1. Facility Details: Key commercial terms including amount, interest rate, fees, and repayment schedule
2. Security Details: Description of any security assets and their registration details
3. Drawing Notice: Form of notice for requesting drawdown under the facility
4. Guarantor Details: Information about guarantors and their obligations
5. Compliance Certificate: Template for periodic compliance reporting
6. Direct Debit Request: Authorization for automatic payment processing
7. Fee Schedule: Detailed breakdown of all applicable fees and charges
8. Special Conditions: Any unique terms specific to the particular facility or borrower
Relevant legal definitions
Acceptance Date
Account Bank
Additional Borrower
Approved Purpose
Availability Period
Banking Day
Borrower
Break Costs
Business Day
Commitment
Conditions Precedent
Control
Default
Default Interest
Default Rate
Disposal
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Amount
Facility Documents
Financial Indebtedness
Financial Records
Financial Statements
Government Agency
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Legal Costs
Lender
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Security Interest
PPSA
Principal Outstanding
Related Entity
Repayment Date
Repayment Schedule
Security
Security Interest
Security Provider
Secured Property
Taxes
Term
Transaction Documents
Unutilised Commitment
Account Bank
Additional Borrower
Approved Purpose
Availability Period
Banking Day
Borrower
Break Costs
Business Day
Commitment
Conditions Precedent
Control
Default
Default Interest
Default Rate
Disposal
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Amount
Facility Documents
Financial Indebtedness
Financial Records
Financial Statements
Government Agency
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Legal Costs
Lender
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Security Interest
PPSA
Principal Outstanding
Related Entity
Repayment Date
Repayment Schedule
Security
Security Interest
Security Provider
Secured Property
Taxes
Term
Transaction Documents
Unutilised Commitment
Clauses
Interpretation
Facility Terms
Interest and Fees
Repayment
Security
Conditions Precedent
Representations and Warranties
Undertakings
Financial Covenants
Events of Default
Market Disruption
Anti-Money Laundering
Privacy and Data Protection
Credit Reporting
Assignment and Transfer
Set-off Rights
Payment Mechanics
Tax Provisions
Increased Costs
Guarantee
Indemnity
Force Majeure
Notices
Confidentiality
Amendments and Waivers
Severability
Governing Law
Dispute Resolution
Electronic Execution
Entire Agreement
Facility Terms
Interest and Fees
Repayment
Security
Conditions Precedent
Representations and Warranties
Undertakings
Financial Covenants
Events of Default
Market Disruption
Anti-Money Laundering
Privacy and Data Protection
Credit Reporting
Assignment and Transfer
Set-off Rights
Payment Mechanics
Tax Provisions
Increased Costs
Guarantee
Indemnity
Force Majeure
Notices
Confidentiality
Amendments and Waivers
Severability
Governing Law
Dispute Resolution
Electronic Execution
Entire Agreement
Relevant Industries
Banking & Financial Services
Real Estate & Property
Manufacturing
Retail & Consumer
Technology
Healthcare
Construction
Agriculture
Mining & Resources
Professional Services
Transport & Logistics
Education
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit Assessment
Business Development
Operations
Corporate Advisory
Company Secretariat
Relevant Roles
Chief Financial Officer
Finance Manager
Legal Counsel
Credit Manager
Risk Officer
Compliance Manager
Banking Relationship Manager
Treasury Manager
Financial Controller
Corporate Lawyer
Loan Officer
Credit Analyst
Financial Advisor
Business Development Manager
Company Secretary
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