Pre Financing Agreement for Australia

Pre Financing Agreement Template for Australia

An Australian law-governed Pre-Financing Agreement is a crucial document that establishes the terms and conditions for providing interim financing before a main transaction or project commences. It outlines the rights and obligations of both the financing party and the recipient, including drawdown conditions, repayment terms, and security arrangements. The agreement complies with Australian financial services regulations, incorporating requirements under the National Consumer Credit Protection Act 2009 and other relevant Australian legislation. It typically includes provisions for conditions precedent, representations and warranties, and events of default, all structured within the Australian legal framework.

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What is a Pre Financing Agreement?

The Pre-Financing Agreement serves as a critical instrument in Australian commercial transactions where interim funding is required before the main financing or project completion. This document is commonly used in situations where parties need to secure preliminary funding for project development, acquisition preparation, or other commercial activities requiring upfront capital. The agreement typically details the pre-financing amount, purpose, drawdown mechanics, repayment terms, and security arrangements, all within the Australian regulatory framework. It ensures compliance with Australian financial services laws, including the National Consumer Credit Protection Act 2009 and the Personal Property Securities Act 2009. The document is particularly relevant for projects requiring staged financing or where initial funding is needed to meet certain conditions precedent for larger financing arrangements.

What sections should be included in a Pre Financing Agreement?

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

What sections are optional to include in a Pre Financing Agreement?

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

What schedules should be included in a Pre Financing Agreement?

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

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

Infrastructure

Real Estate Development

Mining and Resources

Renewable Energy

Construction

Manufacturing

Technology and Innovation

Agriculture

Healthcare

Education

Transport and Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Project Management

Commercial

Credit

Operations

Business Development

Relevant Roles

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

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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