The Trust Loan Agreement is a specialized financing document used when providing loan facilities to trust structures in Australia. It is particularly relevant when trustees need to borrow funds for trust purposes, such as investment activities, property acquisition, or business operations. The agreement must comply with Australian federal and state trust laws, financial services regulations, and relevant property and security legislation. It includes comprehensive provisions addressing trust-specific considerations, trustee powers, beneficiary interests, and security arrangements. The document is structured to protect both the lender's interests and ensure the trustee's compliance with their fiduciary duties. Common applications include family trust financing, unit trust property investments, and business trust operations.
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1. Parties: Identifies the lender, borrower (trustee), and trust details
2. Background: Contextual information about the purpose of the loan and the trust arrangement
3. Definitions and Interpretation: Defines key terms and interpretation rules used throughout the agreement
4. Loan Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Repayment schedule, methods, and prepayment provisions
7. Trust Representations and Warranties: Specific representations regarding trust deed, trustee powers, and trust assets
8. General Representations and Warranties: Standard representations about capacity, authority, and compliance
9. Conditions Precedent: Prerequisites that must be satisfied before the loan is provided
10. Events of Default: Circumstances that constitute default and consequences
11. GST Provisions: Treatment of GST in relation to the loan transactions
12. Costs and Expenses: Allocation of costs, including establishment fees and enforcement expenses
13. Notices: Communication requirements and contact details
14. General Provisions: Standard boilerplate clauses including governing law, assignment, and variation
1. Security: Include when the loan is secured against trust assets or other security
2. Guarantee: Include when personal or corporate guarantees are required
3. Special Conditions: Include when there are unique requirements for the specific trust or loan arrangement
4. Financial Covenants: Include for larger loans requiring ongoing financial compliance
5. Insurance Requirements: Include when specific insurance coverage is required for trust assets
6. Trust Income Distribution Restrictions: Include when there are restrictions on trust distributions during loan term
7. Change of Trustee Provisions: Include when specific provisions for trustee succession are needed
8. Cross-Default: Include when loan is part of broader financing arrangements
1. Loan Terms Schedule: Detailed financial terms including loan amount, interest rate, and payment dates
2. Trust Deed Extract: Relevant extracts from trust deed showing borrowing powers
3. Security Details: Description of any security provided for the loan
4. Drawdown Notice Form: Template for requesting loan disbursements
5. Compliance Certificate: Template for periodic compliance reporting
6. Repayment Schedule: Detailed schedule of repayment amounts and dates
7. Required Insurance Schedule: Details of required insurance coverage for trust assets
8. Guarantor Details: Information about guarantors and guarantee terms if applicable
Relevant legal definitions
Acceptable Security
Account Bank
Additional Security
Advance
Applicable Rate
Authorised Officer
Available Facility
Beneficiaries
Business Day
Commitment
Conditions Precedent
Default
Default Rate
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Records
Financial Statements
GST
GST Act
GST Law
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Permitted Purpose
Potential Event of Default
Principal
Related Entity
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Security Provider
Settlor
Tax
Term
Trust
Trust Deed
Trust Property
Trustee
Trustee Capacity
Unit Holder
Unpaid Sum
Account Bank
Additional Security
Advance
Applicable Rate
Authorised Officer
Available Facility
Beneficiaries
Business Day
Commitment
Conditions Precedent
Default
Default Rate
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Records
Financial Statements
GST
GST Act
GST Law
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Outstanding Amount
Permitted Purpose
Potential Event of Default
Principal
Related Entity
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Security Provider
Settlor
Tax
Term
Trust
Trust Deed
Trust Property
Trustee
Trustee Capacity
Unit Holder
Unpaid Sum
Clauses
Interpretation
Definitions
Facility Terms
Loan Purpose
Drawdown
Interest
Repayment
Security
Trust Warranties
Trust Covenants
General Warranties
Conditions Precedent
Representations
Events of Default
Trust Property
Distribution Restrictions
Change of Trustee
Guarantees
Financial Covenants
Security Interest
Payment Terms
GST
Tax
Costs and Expenses
Indemnification
Information Covenants
Default Interest
Cross-Default
Set-off
Assignment
Confidentiality
Notices
Amendments
Governing Law
Dispute Resolution
Severability
Force Majeure
Entire Agreement
Definitions
Facility Terms
Loan Purpose
Drawdown
Interest
Repayment
Security
Trust Warranties
Trust Covenants
General Warranties
Conditions Precedent
Representations
Events of Default
Trust Property
Distribution Restrictions
Change of Trustee
Guarantees
Financial Covenants
Security Interest
Payment Terms
GST
Tax
Costs and Expenses
Indemnification
Information Covenants
Default Interest
Cross-Default
Set-off
Assignment
Confidentiality
Notices
Amendments
Governing Law
Dispute Resolution
Severability
Force Majeure
Entire Agreement
Relevant Industries
Financial Services
Real Estate
Wealth Management
Private Banking
Family Office
Professional Services
Investment Management
Property Development
Small Business
Agricultural
Relevant Teams
Legal
Finance
Credit
Wealth Management
Trust Administration
Compliance
Risk Management
Client Relations
Commercial Banking
Property Finance
Relevant Roles
Trust Manager
Lending Manager
Financial Advisor
Trust Lawyer
Commercial Lawyer
Relationship Manager
Credit Manager
Trust Administrator
Compliance Officer
Risk Manager
Wealth Manager
Property Manager
Investment Manager
Account Manager
Trust Officer
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