OverFacility Agreement for Australia

OverFacility Agreement Template for Australia

An Australian law-governed agreement that establishes the terms and conditions under which a financial institution provides an overdraft facility to a borrower. The document outlines the approved credit limit, interest rates, fees, and repayment terms, while incorporating necessary compliance with Australian banking regulations, consumer protection laws, and financial services requirements. It includes provisions for security arrangements, events of default, review mechanisms, and the rights and obligations of all parties involved, ensuring alignment with Australian banking practices and regulatory framework.

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What is a OverFacility Agreement?

The Overdraft Facility Agreement is a crucial banking document used when a borrower requires flexible access to additional funds beyond their account balance. This agreement is specifically tailored for the Australian market and complies with Australian banking laws and regulations, including the National Consumer Credit Protection Act 2009 and Banking Act 1959. It is commonly used by businesses seeking working capital solutions or individuals requiring cash flow management tools. The document comprehensively covers facility limits, interest calculations, fee structures, security requirements, and default provisions, while incorporating Australian banking industry standards and practices. It's particularly relevant when establishing new banking relationships or reviewing existing facilities, and can be customized to accommodate various security arrangements and borrower circumstances.

What sections should be included in a OverFacility Agreement?

1. Parties: Identifies the lender (financial institution) and borrower(s), including their full legal names, addresses, and ACN/ABN if applicable

2. Background: Explains the context of the agreement, including the borrower's request for the facility and the lender's agreement to provide it

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules for interpreting the document

4. The Facility: Details of the overdraft facility including the approved limit, purpose, and availability

5. Interest and Fees: Specifies interest rates (including default rates), calculation methods, fee types, and payment obligations

6. Drawings and Payments: Procedures for accessing the facility, making payments, and maintaining the account

7. Representations and Warranties: Statements of fact and assurances given by the borrower about their circumstances and ability to perform obligations

8. Undertakings: Ongoing obligations of the borrower throughout the term of the facility

9. Events of Default: Circumstances that constitute default and the lender's rights upon default

10. Review and Cancellation: Terms for periodic review of the facility and circumstances under which it may be cancelled

11. General Provisions: Standard contract clauses including notices, governing law, and assignment rights

12. Execution: Formal signing section including execution blocks for all parties

What sections are optional to include in a OverFacility Agreement?

1. Security: Details of any security arrangements required for the facility - include when security is required

2. Guarantee: Terms of guarantee - include when there are guarantors for the facility

3. Multiple Borrowers: Additional provisions for joint and several liability - include when there are multiple borrowers

4. Set-off Rights: Specific rights to set off other accounts - include when the borrower has other accounts with the lender

5. Special Conditions: Any unique terms specific to the borrower - include when there are customer-specific requirements

6. Electronic Banking Terms: Specific provisions for electronic access - include when online banking access is provided

What schedules should be included in a OverFacility Agreement?

1. Facility Details: Schedule containing specific details of the facility including limit, interest rates, and fees

2. Security Details: List and details of all security provided for the facility

3. Fee Schedule: Comprehensive list of all applicable fees and charges

4. Dictionary: Extended definitions and technical terms

5. Direct Debit Request: Form for setting up automatic payments

6. Guarantor Acknowledgment: Form for guarantors to acknowledge their obligations

7. Financial Undertakings: Specific financial covenants and reporting requirements

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
Relevant Industries

Banking and Financial Services

Commercial and Corporate

Small and Medium Enterprises

Retail Business

Manufacturing

Agriculture

Professional Services

Healthcare

Construction

Hospitality

Transport and Logistics

Relevant Teams

Legal

Credit

Risk Management

Compliance

Commercial Banking

Corporate Banking

Operations

Finance

Treasury

Business Development

Account Management

Relevant Roles

Relationship Manager

Credit Manager

Commercial Banking Officer

Chief Financial Officer

Financial Controller

Treasury Manager

Risk Manager

Compliance Officer

Legal Counsel

Banking Operations Manager

Credit Analyst

Account Manager

Business Development Manager

Corporate Banking Executive

Finance Director

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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