The Secured Loan Agreement is a fundamental document in Australian commercial lending, used when a lender provides financing secured against specific assets or collateral of the borrower. This agreement is essential for transactions requiring enhanced lender protection through security interests, which must comply with the Personal Property Securities Act 2009 (Cth) and other relevant Australian legislation. The document establishes the loan facility, details the security structure, and provides comprehensive mechanisms for loan administration, monitoring, and enforcement. It is particularly important for commercial financing, asset acquisition, and business expansion where the lender requires security over business assets, property, or other collateral as protection for the loan advancement.
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1. Parties: Identifies and defines the Lender, Borrower, and any Guarantors with their full legal details
2. Background: Explains the context of the loan and security arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement
4. The Loan: Details the loan amount, purpose, drawdown conditions, and repayment terms
5. Interest and Fees: Specifies interest rates, calculation methods, and applicable fees
6. Security: Describes the nature of security, charging provisions, and PPSA requirements
7. Representations and Warranties: Sets out the Borrower's assertions about their legal and financial status
8. Undertakings: Lists positive and negative obligations of the Borrower during the loan term
9. Events of Default: Defines circumstances constituting default and consequences
10. Enforcement: Details the Lender's rights and remedies upon default
11. Payments: Specifies payment mechanics, timing, and application of payments
12. GST: Addresses GST treatment of payments and supplies under the agreement
13. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law
1. Guarantee and Indemnity: Required when third-party guarantors are securing the loan
2. Insurance: Detailed insurance requirements when specific insurance coverage is required for secured assets
3. Financial Covenants: Include for corporate borrowers or larger loans requiring financial ratio maintenance
4. Security Trustee Provisions: Required in syndicated loans or when security is held by a security trustee
5. Priority Arrangements: Needed when there are multiple secured parties or subordination requirements
6. Review Events: Include for longer-term loans requiring periodic review of borrower circumstances
7. Increased Costs and Market Disruption: Important for larger commercial loans with variable rates
1. Loan Details: Key commercial terms including amount, interest rate, fees, and repayment schedule
2. Security Assets: Detailed description of all assets provided as security
3. Conditions Precedent: List of documents and conditions required before drawdown
4. Drawdown Notice: Form of notice for requesting loan disbursement
5. Compliance Certificate: Template for periodic compliance certification
6. Guarantor Accession Deed: Template for adding new guarantors
7. PPSR Registration Details: Specific requirements for PPSR registration
8. Collection Account Details: Banking details for loan payments and collections
Relevant legal definitions
Acceptable Bank
Account Bank
Additional Guarantor
Affiliate
Agreement
Authorisation
Authority
Available Commitment
Available Facility
Banking Day
Borrower
Break Costs
Business Day
Charged Property
Collateral
Commitment
Compliance Certificate
Conditions Precedent
Constitutional Documents
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Facility Amount
Financial Indebtedness
Financial Statements
Financial Year
GST
GST Act
Guarantee
Guarantor
Holding Company
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Law
Legal Opinion
Lender
Loan
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Encumbrance
Permitted Security Interest
PPSA
PPSR
Potential Event of Default
Principal Outstanding
Purpose
Receiver
Reference Rate
Related Body Corporate
Related Entity
Relevant Documents
Repayment Date
Repayment Schedule
Review Event
Secured Assets
Secured Money
Secured Obligations
Security
Security Document
Security Interest
Security Provider
Security Trustee
Subsidiary
Tax
Transaction Documents
Trust
Trust Deed
Trustee
Account Bank
Additional Guarantor
Affiliate
Agreement
Authorisation
Authority
Available Commitment
Available Facility
Banking Day
Borrower
Break Costs
Business Day
Charged Property
Collateral
Commitment
Compliance Certificate
Conditions Precedent
Constitutional Documents
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Facility Amount
Financial Indebtedness
Financial Statements
Financial Year
GST
GST Act
Guarantee
Guarantor
Holding Company
Insolvency Event
Interest Payment Date
Interest Period
Interest Rate
Law
Legal Opinion
Lender
Loan
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Encumbrance
Permitted Security Interest
PPSA
PPSR
Potential Event of Default
Principal Outstanding
Purpose
Receiver
Reference Rate
Related Body Corporate
Related Entity
Relevant Documents
Repayment Date
Repayment Schedule
Review Event
Secured Assets
Secured Money
Secured Obligations
Security
Security Document
Security Interest
Security Provider
Security Trustee
Subsidiary
Tax
Transaction Documents
Trust
Trust Deed
Trustee
Clauses
Interpretation
Loan Facility
Purpose
Drawdown
Interest
Fees
Repayment
Prepayment
Security
Registration
Representations and Warranties
Undertakings
Financial Covenants
Information Covenants
Events of Default
Acceleration
Enforcement
Set-off
Assignment
Security Trust
Guarantee
Indemnity
Payments
Costs and Expenses
Tax Gross-up
GST
Notices
Calculations
Amendments
Severability
Confidentiality
Privacy
Anti-Money Laundering
Force Majeure
Governing Law
Jurisdiction
Counterparts
Electronic Execution
Loan Facility
Purpose
Drawdown
Interest
Fees
Repayment
Prepayment
Security
Registration
Representations and Warranties
Undertakings
Financial Covenants
Information Covenants
Events of Default
Acceleration
Enforcement
Set-off
Assignment
Security Trust
Guarantee
Indemnity
Payments
Costs and Expenses
Tax Gross-up
GST
Notices
Calculations
Amendments
Severability
Confidentiality
Privacy
Anti-Money Laundering
Force Majeure
Governing Law
Jurisdiction
Counterparts
Electronic Execution
Relevant Industries
Banking and Financial Services
Commercial Real Estate
Manufacturing
Retail
Agriculture
Mining and Resources
Construction
Technology
Healthcare
Transport and Logistics
Professional Services
Education
Relevant Teams
Legal
Finance
Credit
Risk Management
Compliance
Commercial Banking
Corporate Banking
Loan Administration
Security Operations
Treasury
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Lawyer
Credit Manager
Loan Officer
Risk Manager
Compliance Officer
Banking Relationship Manager
Security Trustee Officer
Corporate Treasurer
Financial Controller
Credit Analyst
Loan Administrator
Business Development Manager
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