The Loan Agreement With Security is a fundamental financing document used in Australian business and commercial transactions where a lender provides funding to a borrower against specific security or collateral. This agreement is essential when parties wish to document a loan transaction where the borrower (or a third party) provides security over assets to support the repayment obligations. The document combines traditional loan provisions with security arrangements, ensuring compliance with Australian secured lending practices and relevant legislation, including the Personal Property Securities Act 2009 (Cth). It is particularly useful for business loans, asset financing, and commercial lending where the lender requires protection beyond mere contractual promises of repayment. The agreement includes comprehensive provisions for both the lending arrangement and the security structure, making it suitable for various financing scenarios while providing robust protection for the lender's interests.
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1. Parties: Identifies and defines the lender and borrower with their full legal details
2. Background: Sets out the context of the loan and security arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Loan: Details the loan amount, purpose, and drawdown conditions
5. Interest: Specifies interest rate, calculation method, and payment terms
6. Repayment: Details repayment schedule, methods, and prepayment provisions
7. Security: Describes the security being provided, including charging clauses
8. Representations and Warranties: Borrower's confirmations about their legal and financial status
9. Undertakings: Ongoing obligations of the borrower during the loan term
10. Events of Default: Lists circumstances constituting default and consequences
11. Enforcement: Lender's rights and remedies upon default
12. Costs and Expenses: Allocation of transaction costs and enforcement expenses
13. Notices: How formal communications between parties must be made
14. General Provisions: Standard boilerplate clauses including governing law
15. Execution: Formal signing provisions and attestation requirements
1. Guarantee: Required when a third party guarantees the borrower's obligations
2. Insurance: Detailed insurance requirements for secured assets when specific insurance is required
3. Further Advances: Include when the facility may allow for additional borrowing
4. Security Trustee: Required for syndicated loans or when security is held on trust
5. PPSA Provisions: Detailed Personal Property Securities Act provisions for complex security arrangements
6. Financial Covenants: Include for business loans with financial performance requirements
7. Assignment and Transfer: Detailed provisions when loan may be syndicated or transferred
8. Multiple Borrowers: Additional provisions for joint and several liability when there are multiple borrowers
1. Loan Details Schedule: Key commercial terms including amount, interest rate, and repayment schedule
2. Security Details: Detailed description of all secured assets and their locations
3. Conditions Precedent: List of documents and conditions required before drawdown
4. Repayment Schedule: Detailed amortization table or repayment structure
5. Form of Drawdown Notice: Template for requesting loan disbursements
6. Permitted Security Interests: List of pre-approved security interests that may exist
7. Insurance Requirements: Detailed insurance specifications for secured assets
8. Financial Covenants Schedule: Specific financial ratios and reporting requirements if applicable
Relevant legal definitions
Account
Agreement
Authorisation
Availability Period
Business Day
Charged Property
Collateral
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Enforcement Event
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Records
Financial Statements
Government Agency
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Security Interest
PPSA
PPSR
Related Entity
Repayment Date
Repayment Schedule
Secured Money
Secured Obligations
Secured Property
Security
Security Interest
Security Provider
Security Trust
Security Trustee
Tax
Transaction Documents
Trust
Agreement
Authorisation
Availability Period
Business Day
Charged Property
Collateral
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Enforcement Event
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Records
Financial Statements
Government Agency
GST
Guarantee
Guarantor
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Security Interest
PPSA
PPSR
Related Entity
Repayment Date
Repayment Schedule
Secured Money
Secured Obligations
Secured Property
Security
Security Interest
Security Provider
Security Trust
Security Trustee
Tax
Transaction Documents
Trust
Clauses
Interpretation
Facility Terms
Conditions Precedent
Drawdown
Interest
Repayment
Security
Registration
PPSA Provisions
Representations and Warranties
Financial Covenants
General Undertakings
Negative Pledge
Information Undertakings
Insurance
Events of Default
Enforcement
Power of Attorney
Set-off
Assignment
Confidentiality
Costs and Expenses
Tax
Indemnity
Notices
Guarantee
Further Assurance
Severability
Amendment
Waiver
Governing Law
Jurisdiction
Counterparts
Facility Terms
Conditions Precedent
Drawdown
Interest
Repayment
Security
Registration
PPSA Provisions
Representations and Warranties
Financial Covenants
General Undertakings
Negative Pledge
Information Undertakings
Insurance
Events of Default
Enforcement
Power of Attorney
Set-off
Assignment
Confidentiality
Costs and Expenses
Tax
Indemnity
Notices
Guarantee
Further Assurance
Severability
Amendment
Waiver
Governing Law
Jurisdiction
Counterparts
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Agriculture
Retail
Construction
Mining
Technology
Healthcare
Transport & Logistics
Professional Services
Education
Relevant Teams
Legal
Finance
Credit Risk
Compliance
Treasury
Commercial Banking
Corporate Banking
Security Operations
Loan Operations
Documentation
Risk Management
Relevant Roles
Chief Financial Officer
Finance Manager
Credit Manager
Loan Officer
Commercial Banking Manager
Risk Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Security Trustee
Account Manager
Financial Controller
Treasury Manager
Credit Analyst
Business Development Manager
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