The Revolving Credit Loan Agreement is a fundamental financing document used in Australian commercial lending transactions where borrowers require flexible access to credit. This agreement is particularly suitable for businesses with fluctuating capital needs or seasonal working capital requirements. It establishes a maximum credit limit that can be drawn down, repaid, and redrawn multiple times during the facility term, subject to meeting specified conditions. The document incorporates all necessary provisions to comply with Australian banking and financial services regulations, including the National Consumer Credit Protection Act 2009 and the Australian Securities and Investments Commission Act 2001. It is commonly used across various industries and can be adapted to accommodate different security structures, from unsecured facilities to those backed by comprehensive security packages.
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1. Parties: Identification of the lender, borrower, and any guarantors with their full legal details
2. Background: Context of the agreement and purpose of the revolving credit facility
3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules
4. The Facility: Details of the revolving credit facility including limit, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown Mechanics: Procedures and requirements for drawing down the facility
7. Interest and Fees: Interest calculation methodology, rates, fees, and payment terms
8. Repayment and Prepayment: Terms for repayment, prepayment rights and obligations
9. Representations and Warranties: Standard representations and warranties given by the borrower
10. Undertakings: General, financial, and information undertakings of the borrower
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Rules regarding assignment and transfer rights
13. Administration: Administrative provisions including notices and calculations
14. Governing Law and Enforcement: Choice of law, jurisdiction, and enforcement provisions
1. Security: Include when the facility is secured, detailing the security structure and enforcement rights
2. Guarantee: Include when there are guarantors, detailing guarantee obligations
3. Market Disruption: Include for facilities with variable interest rates to address market disruption events
4. Increased Costs and Tax Provisions: Include for sophisticated borrowers or where tax complexity exists
5. Multi-currency Provisions: Include if the facility can be drawn in multiple currencies
6. Review Events: Include for facilities requiring periodic review or with specific review triggers
7. Financial Covenants: Include when financial ratios or tests are required to be maintained
8. Subordination: Include when there are multiple creditors requiring subordination arrangements
1. Facility Details: Specific terms of the facility including limit, interest rates, and fees
2. Conditions Precedent: Detailed list of required conditions precedent documents
3. Form of Drawdown Notice: Template for borrower to request drawdowns
4. Form of Compliance Certificate: Template for periodic compliance certification
5. Calculation of Interest and Fees: Detailed methodology for calculating interest and fees
6. Security Details: List and details of security documents and secured property
7. Required Insurance: Specification of required insurance coverage
8. Financial Covenant Calculations: Detailed methods for calculating financial covenants
Relevant legal definitions
Availability Period
Available Commitment
Base Rate
Business Day
Commitment
Compliance Certificate
Default
Default Interest
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Limit
Finance Documents
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Interest Payment Date
Interest Period
Interest Rate
Legal Costs
Material Adverse Effect
Obligor
Outstanding Amount
Permitted Security Interest
Potential Event of Default
Prepayment
Reference Banks
Repayment Date
Review Date
Review Event
Secured Property
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Transaction Documents
Unpaid Sum
Available Commitment
Base Rate
Business Day
Commitment
Compliance Certificate
Default
Default Interest
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Limit
Finance Documents
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Interest Payment Date
Interest Period
Interest Rate
Legal Costs
Material Adverse Effect
Obligor
Outstanding Amount
Permitted Security Interest
Potential Event of Default
Prepayment
Reference Banks
Repayment Date
Review Date
Review Event
Secured Property
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Transaction Documents
Unpaid Sum
Clauses
Facility Terms
Drawdown
Interest
Fees
Repayment
Prepayment
Security
Representations and Warranties
Undertakings
Financial Covenants
Information Covenants
Events of Default
Market Disruption
Changes to Calculation of Interest
Increased Costs
Tax Gross Up and Indemnities
Currency Provisions
Set-off
Assignment and Transfer
Amendments and Waivers
Confidentiality
Notices
Calculations
Partial Invalidity
Remedies and Waivers
Counterparts
Governing Law
Enforcement
Jurisdiction
Drawdown
Interest
Fees
Repayment
Prepayment
Security
Representations and Warranties
Undertakings
Financial Covenants
Information Covenants
Events of Default
Market Disruption
Changes to Calculation of Interest
Increased Costs
Tax Gross Up and Indemnities
Currency Provisions
Set-off
Assignment and Transfer
Amendments and Waivers
Confidentiality
Notices
Calculations
Partial Invalidity
Remedies and Waivers
Counterparts
Governing Law
Enforcement
Jurisdiction
Relevant Industries
Banking
Financial Services
Corporate Lending
Real Estate
Manufacturing
Retail
Agriculture
Mining
Construction
Healthcare
Technology
Infrastructure
Energy
Transportation
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit
Commercial
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Relationship Manager
Credit Manager
Risk Manager
Compliance Officer
Banking Manager
Corporate Banking Director
Finance Manager
Commercial Director
Business Development Manager
Financial Controller
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