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Undertaking Loan Agreement for Australia

Undertaking Loan Agreement Template for Australia

A comprehensive loan agreement document governed by Australian law that establishes the terms and conditions under which a lender provides financial accommodation to a borrower. The agreement incorporates key provisions required under Australian financial services legislation, including the National Consumer Credit Protection Act 2009 (Cth) and related regulations. It details loan amount, interest calculations, repayment terms, security arrangements, borrower undertakings, events of default, and enforcement mechanisms, while ensuring compliance with Australian consumer protection and financial services laws.

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Undertaking Loan Agreement

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What is a Undertaking Loan Agreement?

The Undertaking Loan Agreement is a crucial financial instrument used in Australian lending transactions where one party (the Lender) agrees to provide financial accommodation to another party (the Borrower) under specific terms and conditions. This document is essential for both commercial and consumer lending scenarios, incorporating necessary provisions required by Australian financial services legislation, including the National Consumer Credit Protection Act 2009 (Cth), ASIC regulations, and state-specific requirements. The agreement typically includes detailed sections on loan terms, interest calculations, repayment schedules, security arrangements, borrower undertakings, and default provisions. It's designed to protect both parties' interests while ensuring regulatory compliance and providing clear mechanisms for loan administration and enforcement.

What sections should be included in a Undertaking Loan Agreement?

1. Parties: Identifies and defines the Lender and Borrower with full legal names and details

2. Background: Provides context for the loan agreement and summarizes the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets interpretation rules

4. The Loan: Specifies the loan amount, purpose, and conditions precedent to drawdown

5. Interest: Details the interest rate, calculation method, and payment frequency

6. Repayment: Specifies repayment terms, schedule, and prepayment provisions

7. Representations and Warranties: Sets out the Borrower's assertions about their legal and financial status

8. Undertakings: Details the Borrower's ongoing obligations throughout the loan term

9. Events of Default: Lists circumstances that constitute default and the Lender's remedies

10. Costs and Expenses: Allocates responsibility for fees, charges, and expenses

11. Notices: Specifies how formal communications between parties should be made

12. General Provisions: Contains boilerplate clauses including governing law, assignment, and amendments

What sections are optional to include in a Undertaking Loan Agreement?

1. Security: Required when the loan is secured against assets or property

2. Guarantee: Required when there are guarantors for the loan

3. Special Conditions: Used when specific requirements or circumstances need to be addressed

4. Multiple Borrowers: Required when there is more than one borrower, addressing joint and several liability

5. Insurance: Required when specific insurance requirements are imposed on the borrower

6. Change of Control: Required for corporate borrowers where ownership changes need to be restricted

7. Financial Covenants: Required for business loans with specific financial performance requirements

What schedules should be included in a Undertaking Loan Agreement?

1. Loan Details: Schedule containing specific loan amount, interest rate, and term details

2. Repayment Schedule: Detailed schedule of repayment dates and amounts

3. Security Details: Description of any security assets and related information

4. Conditions Precedent: List of documents and conditions required before drawdown

5. Fee Schedule: Detailed breakdown of all applicable fees and charges

6. Form of Drawdown Notice: Template for the borrower to request loan disbursement

7. Permitted Security Interests: List of pre-approved security interests (if applicable)

8. Required Insurance: Details of insurance requirements and minimum coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions























































Clauses







































Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Agriculture

Mining

Technology

Healthcare

Education

Professional Services

Small Business

Corporate Enterprise

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Credit Assessment

Commercial

Business Development

Operations

Administration

Corporate Services

Document Management

Relevant Roles

Chief Financial Officer

Finance Manager

Legal Counsel

Compliance Officer

Credit Manager

Loan Officer

Risk Manager

Treasury Manager

Financial Controller

Commercial Director

Business Development Manager

Account Manager

Corporate Lawyer

Banking Executive

Financial Advisor

Contract Administrator

Industries








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