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Creditor Agreement

Creditor Agreement Template for Australia

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Key Requirements PROMPT example:

Creditor Agreement

"I need a Creditor Agreement for a secured business loan of AUD 2.5 million to a manufacturing company, with real estate security and personal guarantees from two company directors, to be drawn down by March 2025."

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Document background
A Creditor Agreement is a fundamental legal document used in Australian financial and commercial transactions to establish and govern the relationship between parties in a credit arrangement. This document is essential when providing financial accommodation or credit facilities, whether in a commercial, corporate, or consumer context. It combines elements of contract law, security arrangements, and financial services regulation, ensuring compliance with Australian federal legislation including the National Consumer Credit Protection Act 2009, Personal Property Securities Act 2009, and relevant state laws. The agreement typically includes detailed provisions on facility terms, security arrangements, repayment obligations, events of default, and enforcement mechanisms, making it suitable for various lending scenarios from simple bilateral arrangements to complex syndicated facilities.
Suggested Sections

1. Parties: Identification of the creditor and debtor, including full legal names, ABN/ACN, and addresses

2. Background: Context of the agreement, including the purpose of the credit arrangement and any pre-existing relationships

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Credit Facility Details: Specific details of the credit facility including amount, purpose, and availability

5. Interest and Fees: Interest rate provisions, calculation methods, and applicable fees

6. Repayment Terms: Repayment schedule, payment methods, and prepayment provisions

7. Security: Description of security provided and maintenance requirements

8. Representations and Warranties: Standard representations and warranties from the debtor

9. Events of Default: Circumstances constituting default and consequences

10. Enforcement Rights: Creditor's rights and remedies upon default

11. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Guarantor Provisions: Include when there are third-party guarantors for the debt

2. Special Purpose Vehicle Provisions: Include when the debtor is an SPV with specific covenants

3. Security Trustee Provisions: Include when there are multiple creditors requiring a security trustee

4. Priority Arrangements: Include when there are multiple creditors requiring subordination or priority arrangements

5. Financial Covenants: Include when specific financial ratios or requirements need to be maintained

6. Insurance Requirements: Include when specific insurance coverage is required for secured assets

7. Cross-Default Provisions: Include when default under other agreements should trigger default under this agreement

Suggested Schedules

1. Facility Details Schedule: Detailed terms of the credit facility including limits, interest rates, and fees

2. Security Details: Detailed description of all security assets and registration requirements

3. Repayment Schedule: Detailed repayment dates and amounts

4. Conditions Precedent: List of conditions to be satisfied before drawdown

5. Form of Drawdown Notice: Template for requesting drawdown under the facility

6. Guarantor Documents: Forms of guarantee and supporting documents

7. Financial Reporting Requirements: Details of required financial statements and reporting timeframes

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




























































Clauses

































Relevant Industries

Financial Services

Banking

Real Estate

Construction

Manufacturing

Retail

Agriculture

Mining

Infrastructure

Technology

Healthcare

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Control

Risk Management

Compliance

Commercial

Corporate Banking

Business Development

Company Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Legal Counsel

Commercial Director

Treasury Manager

Compliance Officer

Credit Analyst

Financial Controller

Corporate Lawyer

Relationship Manager

Business Development Manager

Company Secretary

Industries








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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