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Loan Agreement With Security

Loan Agreement With Security Template for Australia

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Key Requirements PROMPT example:

Loan Agreement With Security

"I need a Loan Agreement With Security for a manufacturing business loan of AUD 2.5 million, secured against equipment and inventory, with quarterly repayments over 5 years starting March 2025, including financial covenants and reporting requirements."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
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
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

Industries
National Consumer Credit Protection Act 2009 (Cth): Primary legislation governing consumer credit in Australia, including licensing requirements for credit providers and responsible lending obligations
Personal Property Securities Act 2009 (Cth): Governs the creation, registration and enforcement of security interests in personal property, crucial for securing the loan
Australian Securities and Investments Commission Act 2001 (Cth): Provides consumer protection in relation to financial services and products, including loans
Privacy Act 1988 (Cth): Regulates the handling of personal information, including credit reporting and credit information
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth): Requires verification of borrower identity and monitoring of loan transactions
Competition and Consumer Act 2010 (Cth) including Australian Consumer Law: Contains provisions about unfair contract terms and general consumer protections
Banking Act 1959 (Cth): Relevant if the lender is an authorized deposit-taking institution (ADI)
Common Law Contract Principles: Foundational principles governing contract formation, enforcement, and remedies
National Credit Code (Schedule 1 to the National Consumer Credit Protection Act): Detailed requirements for consumer credit contracts, including mandatory disclosure and documentation requirements
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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