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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the pre-financing arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Pre-Financing Amount and Purpose: Specifies the amount to be provided and its intended use
5. Conditions Precedent: Lists conditions that must be satisfied before the pre-financing becomes available
6. Drawdown Mechanics: Details the process and requirements for accessing the pre-financing funds
7. Representations and Warranties: States the facts and assurances provided by each party
8. Undertakings: Sets out ongoing obligations of the parties during the agreement term
9. Repayment Terms: Specifies how and when the pre-financing amount must be repaid
10. Events of Default: Lists circumstances that constitute default and their consequences
11. Costs and Expenses: Allocates responsibility for fees, costs, and expenses
12. Notices: Specifies how formal communications between parties should be made
13. General Provisions: Contains standard boilerplate clauses including governing law, assignment, and amendments
1. Security Arrangements: Include when the pre-financing is secured against assets or guarantees
2. Interest and Fees: Include when interest or additional fees apply to the pre-financing
3. Third Party Rights: Include when third parties have specific rights under the agreement
4. Special Purpose Vehicle Provisions: Include when the financing involves an SPV structure
5. Cross-Default Provisions: Include when the pre-financing is linked to other financing arrangements
6. Currency and Exchange Provisions: Include for cross-border transactions involving multiple currencies
7. Insurance Requirements: Include when specific insurance coverage is required
8. Step-In Rights: Include when lender requires right to take control in certain circumstances
1. Schedule 1 - Funding Details: Detailed breakdown of the pre-financing amount, any tranches, and timing
2. Schedule 2 - Conditions Precedent Documents: List of all required documentation and evidence
3. Schedule 3 - Form of Drawdown Notice: Template for requesting funds under the agreement
4. Schedule 4 - Security Details: Details of any security or collateral provided
5. Schedule 5 - Fee Schedule: Breakdown of all applicable fees and charges
6. Appendix A - Required Forms: Standard forms and certificates required under the agreement
7. Appendix B - Project Timeline: If applicable, timeline for the underlying project or transaction
8. Appendix C - Compliance Certificates: Templates for ongoing compliance certification
Applicable Law
Australian Credit Licence
Authorisation
Available Facility
Business Day
Commitment
Conditions Precedent
Default
Default Rate
Drawdown Date
Drawdown Notice
Due Diligence
Effective Date
Event of Default
Facility
Facility Amount
Facility Period
Finance Documents
Financial Close
Financial Indebtedness
GST
Interest Period
Interest Rate
Material Adverse Effect
Obligor
Outstanding Amount
PPSA
Pre-Financing Amount
Project
Project Documents
Repayment Date
Security
Security Interest
Security Provider
Subsequent Financing
Tax
Transaction Documents
Utilisation
Verification Certificate
Conditions Precedent
Facility
Purpose
Drawdown
Interest
Repayment
Prepayment
Security
Representations and Warranties
Undertakings
Events of Default
Market Disruption
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Anti-Money Laundering
Privacy
Force Majeure
Governing Law
Dispute Resolution
Assignment
Third Party Rights
Severability
Counterparts
GST
Costs and Expenses
Indemnities
Further Assurance
Entire Agreement
Infrastructure
Real Estate Development
Mining and Resources
Renewable Energy
Construction
Manufacturing
Technology and Innovation
Agriculture
Healthcare
Education
Transport and Logistics
Legal
Finance
Treasury
Risk Management
Compliance
Project Management
Commercial
Credit
Operations
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Commercial Director
Project Finance Manager
Legal Counsel
Corporate Lawyer
Risk Manager
Compliance Officer
Project Director
Investment Manager
Financial Controller
Business Development Manager
Credit Manager
Operations Director
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