Interim Loan Agreement for Australia

Interim Loan Agreement Template for Australia

An Interim Loan Agreement under Australian law is a specialized financing document that establishes the terms and conditions for a temporary or bridge loan facility. It provides a structured framework for short-term financing arrangements, typically used to bridge a gap until permanent financing is secured or a specific transaction is completed. The agreement incorporates Australian financial services regulations, consumer protection laws, and security requirements while detailing the loan amount, interest rates, repayment terms, conditions precedent, and security arrangements. It is particularly designed to comply with Australian banking and financial services legislation, including the National Consumer Credit Protection Act 2009 and the Personal Property Securities Act 2009.

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What is a Interim Loan Agreement?

The Interim Loan Agreement is a crucial financial instrument in the Australian market, designed to provide temporary financing solutions while more permanent arrangements are being finalized. This document type is commonly used in scenarios such as corporate acquisitions, property developments, or business expansion projects where immediate funding is required before long-term financing can be secured. The agreement must comply with Australian financial services regulations and banking laws, including the National Consumer Credit Protection Act 2009 and related legislation. It typically includes detailed provisions for facility limits, drawdown mechanisms, interest calculations, repayment terms, and security arrangements. The Interim Loan Agreement is particularly valuable in time-sensitive transactions where bridge financing is essential to maintain business continuity or capitalize on immediate opportunities.

What sections should be included in a Interim Loan Agreement?

1. Parties: Identification of the lender and borrower, including ABN/ACN and address details

2. Background: Context of the interim loan, including purpose and relationship to any permanent financing arrangements

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation

4. The Facility: Details of the loan amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawdown: Process and requirements for accessing the loan funds

7. Interest: Interest rate, calculation method, and payment terms

8. Repayment: Terms for repayment including final maturity date and early repayment provisions

9. Representations and Warranties: Standard declarations made by the borrower about their legal and financial status

10. Undertakings: Borrower's ongoing obligations during the term of the loan

11. Events of Default: Circumstances that would constitute a default and the consequences

12. Costs and Expenses: Allocation of transaction costs and ongoing expenses

13. Notices: How formal communications between parties should be made

14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments

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

1. Security: Required if the loan is secured - details of any security arrangements

2. Guarantee: Required if there are guarantors - terms of guarantee and guarantor obligations

3. Interest Capitalization: Include if interest can be added to the principal amount

4. Permanent Financing Arrangements: Include if the interim loan relates to a future permanent financing facility

5. Financial Covenants: Include if specific financial ratios or conditions must be maintained

6. Assignment and Transfer: Include if either party may transfer their rights or obligations

7. Break Costs: Include if early repayment may trigger additional costs

8. Market Disruption: Include if the interest rate is linked to market rates that might be disrupted

What schedules should be included in a Interim Loan Agreement?

1. Facility Details: Detailed terms of the facility including amounts, rates, and key dates

2. Conditions Precedent: Detailed list of required documents and conditions

3. Drawdown Notice: Form of notice for requesting loan disbursement

4. Repeating Representations: Detailed list of ongoing representations and warranties

5. Security Details: Description of any security assets and arrangements

6. Fee Schedule: Breakdown of all applicable fees and charges

7. Compliance Certificate: Form for periodic confirmation of compliance with loan terms

8. Financial Covenant Calculations: Templates and 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

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate

Infrastructure

Mining and Resources

Construction

Manufacturing

Retail

Healthcare

Technology

Agriculture

Private Equity

Commercial Property

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Development

Commercial

Banking

Investment

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Banking and Finance Lawyer

Credit Manager

Risk Manager

Commercial Director

Financial Controller

Compliance Officer

Corporate Secretary

Investment Manager

Transaction Manager

Relationship 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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