Project Finance Agreement for Australia

Project Finance Agreement Template for Australia

A comprehensive financing agreement governed by Australian law that establishes the terms and conditions for providing project-specific financing. This document outlines the lending facility, security arrangements, conditions precedent, representations and warranties, covenants, and events of default. It incorporates Australian regulatory requirements, including compliance with the Corporations Act 2001 and relevant state legislation. The agreement is structured to accommodate the complex nature of project financing, including detailed provisions for project monitoring, reporting requirements, and specific performance criteria.

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What is a Project Finance Agreement?

The Project Finance Agreement is a specialized financing document used when funding large-scale infrastructure, energy, or other capital-intensive projects in Australia. It is utilized when the financing is primarily based on the project's cash flows, with project assets serving as collateral. This agreement is essential for projects requiring substantial capital investment where lenders look primarily to the project's revenue for repayment. The document must comply with Australian federal and state regulations, including the Corporations Act 2001, Banking Act 1959, and relevant securities legislation. It typically includes comprehensive provisions for project monitoring, risk allocation, security arrangements, and specific performance criteria. The agreement is structured to protect lenders while providing borrowers with the necessary flexibility to construct and operate the project successfully.

What sections should be included in a Project Finance Agreement?

1. Parties: Identifies all parties to the agreement including borrower, lenders, security trustee, and other key stakeholders

2. Background: Provides context of the project and purpose of the financing

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules

4. The Facility: Details of the loan facility including amount, purpose, availability period, and drawdown conditions

5. Interest and Fees: Interest calculation methodology, payment dates, fees structure, and default interest provisions

6. Repayment and Prepayment: Repayment schedule, voluntary and mandatory prepayment terms

7. Security Structure: Overview of security package and ranking of security interests

8. Conditions Precedent: Conditions that must be satisfied before facility availability

9. Representations and Warranties: Standard and project-specific representations and warranties

10. Information Undertakings: Reporting requirements and information delivery obligations

11. Financial Covenants: Financial ratios and tests that must be maintained

12. Project Undertakings: Specific obligations relating to project construction, operation, and maintenance

13. General Undertakings: General positive and negative covenants

14. Events of Default: Circumstances constituting default and consequences

15. Changes to Parties: Transfer and assignment provisions

16. Administration: Administrative provisions including calculations, notices, and amendments

17. Governing Law and Enforcement: Choice of law, jurisdiction, and dispute resolution mechanisms

What sections are optional to include in a Project Finance Agreement?

1. Syndication Provisions: Required when multiple lenders are involved, covering voting rights, majority decisions, and agency roles

2. Environmental and Social Requirements: Needed for projects with significant environmental impact or when required by lenders' policies

3. Government Support: Include when government guarantees or support agreements are part of the structure

4. Insurance Requirements: Detailed insurance provisions for complex projects with specific insurance needs

5. Intercreditor Provisions: Required when multiple classes of debt or subordination arrangements exist

6. Currency Provisions: Needed for cross-border transactions with multiple currencies

7. Political Risk Protection: For projects in politically sensitive areas or with international elements

8. Step-in Rights: Required for projects where lenders may need to take control in certain circumstances

What schedules should be included in a Project Finance Agreement?

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Drawdown Request: Template for borrower to request loan disbursements

3. Repayment Schedule: Detailed amortization schedule

4. Project Documents: List and copies of key project contracts and permits

5. Security Documents: Forms of security documents and security perfection requirements

6. Financial Model: Agreed base case financial model and assumptions

7. Technical Description: Detailed technical specifications of the project

8. Insurance Requirements: Detailed insurance specifications and requirements

9. Form of Compliance Certificate: Template for periodic compliance reporting

10. Construction Schedule: Detailed construction milestones and timeline

11. Form of Transfer Certificate: Template for transfer of participation between lenders

12. Fees Schedule: Detailed breakdown of all applicable fees

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
Acceptable Bank
Account Bank
Accounts
Additional Cost Rate
Affiliate
Availability Period
Available Commitment
Available Facility
Base Case Financial Model
Base Rate
Break Costs
Business Day
Charged Property
Commitment
Completion Date
Compliance Certificate
Confidential Information
Construction Contract
Construction Period
Default
Default Rate
Disruption Event
Distribution
Drawing
Environment
Environmental Claim
Environmental Law
Environmental Permit
Event of Default
Facility
Facility Office
Fee Letter
Finance Document
Finance Party
Financial Close
Financial Indebtedness
Financial Model
Financial Quarter
Financial Year
Force Majeure Event
Funding Rate
Good Industry Practice
Government Agency
Holding Company
Independent Engineer
Initial Business Plan
Insolvency Event
Insurance Advisor
Insurance Proceeds
Interest Period
Interest Payment Date
Legal Opinion
Legal Reservation
Lender
Loan
Majority Lenders
Margin
Material Adverse Effect
Month
O&M Agreement
O&M Contractor
Operating Budget
Original Financial Statements
Party
Perfection Requirements
Permitted Distribution
Permitted Security Interest
Project
Project Accounts
Project Assets
Project Costs
Project Documents
Project Site
Quotation Day
Reference Banks
Relevant Market
Repayment Date
Repayment Instalment
Repeating Representations
Representative
Screen Rate
Security
Security Document
Security Interest
Security Provider
Security Trust Deed
Security Trustee
Sponsor
Subsidiary
Tax
Technical Advisor
Technical Description
Term
Termination Date
Testing Date
Transaction Document
Transfer Certificate
Trust
Trust Deed
Unpaid Sum
Utilisation
Utilisation Date
Utilisation Request
Clauses
Relevant Industries

Infrastructure

Energy

Mining

Renewable Energy

Transport

Healthcare

Telecommunications

Real Estate Development

Oil and Gas

Water and Waste Management

Agriculture

Industrial Development

Relevant Teams

Legal

Finance

Treasury

Risk Management

Corporate Development

Project Management

Compliance

Commercial

Business Development

Operations

Investment Banking

Credit Risk

Relevant Roles

Chief Financial Officer

Finance Director

Project Finance Manager

Legal Counsel

Corporate Lawyer

Risk Manager

Treasury Manager

Project Director

Commercial Manager

Investment Banker

Financial Controller

Compliance Officer

Project Manager

Business Development Director

Corporate Finance Manager

Industries
Corporations Act 2001 (Cth): Primary legislation governing corporate entities, corporate transactions, and financial services in Australia. Crucial for corporate borrowers, security arrangements, and financial disclosure requirements.
Personal Property Securities Act 2009 (Cth): Governs the creation and enforcement of security interests in personal property, essential for securing project assets and equipment.
Banking Act 1959 (Cth): Regulates banking activities and financial institutions in Australia, relevant for lender compliance and banking arrangements.
Foreign Acquisitions and Takeovers Act 1975 (Cth): Governs foreign investment in Australian projects, including approval requirements and restrictions.
Environmental Protection and Biodiversity Conservation Act 1999 (Cth): Federal environmental law affecting project approvals and ongoing compliance requirements for major projects.
National Consumer Credit Protection Act 2009 (Cth): While primarily for consumer credit, relevant if any retail credit facilities are involved in the project structure.
Competition and Consumer Act 2010 (Cth): Contains provisions affecting commercial dealings and competition aspects of project arrangements.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth): Relevant for compliance in financial transactions and reporting requirements.
Income Tax Assessment Act 1997 (Cth): Critical for tax implications of project finance structures and security arrangements.
State Planning and Development Acts: State-specific legislation governing project development approvals and requirements (varies by state/territory).
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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