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Loan Agreement

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Enter the amount of money which the Lender(s) will provide to the Borrower(s) at the start of this agreement (in Australian dollars). This is the amount that will be repaid by the borrower(s), plus any applicable costs and interest.

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LOAN AGREEMENT


DATED:
________


BETWEEN:

________

of the following address:

________

(the 'Lender')


- AND -

________

of the following address:

________

(the 'Borrower')



OPERATIVE PROVISIONS:

1. Definitions

In this agreement the following terms are defined as follows:

'Agreement' means this loan agreement.

'Business Day' means a day that is not a Saturday, Sunday, public holiday or bank holiday in the State of New South Wales.

'Commencement Date' means the earlier date of the date this agreement is executed by the parties or the date that the Loan Principal is advanced to the Borrower.

'Loan Principal' means the amount provided by the Lender at the direction of the Borrower in the amount of $________ (________).

'Material Adverse Change' means any change in circumstances of the Borrower that the party knows, or should know, will materially affect its capacity to perform its obligations under this agreement.

'Outstanding Amount' means the total of the Loan Principal together with any interest accrued, costs, and any other amounts owing to the Lender under this Agreement.

'Repayment Date' means the date on which the last installment falls due for payment being a date falling ________ calendar weeks after the commencement date of this Agreement or such other date as the Lender and Borrower agree to in writing.


2. The Loan

The Lender shall advance to the Borrower the amount of the Loan Principal on the terms of this agreement.


3. Interest and Repayment

(a) The Borrower shall repay the loan on the Repayment Date. No interest shall be payable in relation to the Loan Principal.

(b) The Borrower shall make payment of fixed weekly installments, each calendar week, for the period of ________ weeks. Each installment shall be in the amount of $________.

(c) The Borrower may repay the whole of the Loan Balance then outstanding at any time upon providing notice of its intention to do so to the other parties and receiving the consent of the Lender to such early repayment.

(d) Any payment made by the Borrower shall be applied by the Lender in the following order:

(I) firstly, towards the payment of any accrued interest;

(II) secondly, towards any costs, expenses or fees accrued in relation to this Agreement;

(III) thirdly, towards the Loan Principal; and

(IV) fourthly, as a prepayment towards future payments due in accordance with this Agreement.


4. Borrower Undertakings

The Borrower provides the following undertakings to the Lender:

(a) that the Loan Amount shall be applied solely to the following purpose, referred to hereinafter as the 'Approved Purpose':

________

(b) to make no counter-claim or set-off against any payment due under this agreement and make such payments on or before the date they fall due for payment without any deductions whatsoever; and

(c) to provide notice to the Lender of any Event of Default or Material Adverse Change.


5. Event of Default

(a) Each of the following events shall constitute an Event of Default:

(I) failure by the Borrower to comply with any of the covenants or obligations express or implied in this agreement;

(II) failure by the Borrower in the due and punctual payment of any money as payment falls due under this agreement;

(III) the Borrower, being a trustee at the Commencement Date of this agreement, ceases to be the trustee;

(IV) the Borrower being a corporation at the Commencement Date of this agreement goes into liquidation or experiences a Material Adverse Change;

(V) the Borrower being a natural person at the Commencement Date of this agreement becomes bankrupt, subject to a debt agreement or personal insolvency agreement;

(VI) where the Lender reasonably believes that the Loan Amount has been applied by the Borrower to some purpose other than the Approved Purpose;

(VII) the Borrower breaches any law regulation, judgment, or administrative decision or decree, in circumstances where the Lender reasonably believes that breach will have an adverse effect on the Borrower's ability to meet its obligations under this agreement.

(b) In the event that any one or more Events of Default shall occur, the Lender may, by notice in writing, require the Borrower to immediately repay the Loan and any accrued interest.


6. Notices and Communication

(a) Any notice or communication sought to be made in relation to this agreement must be in writing and delivered to the address specified as the address of the relevant party by one of the following methods:

(I) by personal delivery;

(II) by ordinary or registered post.

(b) The service of any notice or communication shall be taken as effective:

(I) in the case of personal delivery, upon the relevant party's receipt of it; or

(II) in the case of delivery by ordinary or registered post, the earlier of the relevant party's receipt of it and the third Business Day after mailing it.

(c) A notice in writing from the Lender and signed by an authorised representative shall constitute prima facie proof of the Outstanding Amount and any other costs or fees payable by the Borrower.


7. General Matters

(a) Waiver: The exercise of any right or power under this Deed may be exercised at the discretion of the party to which the benefit of that right or power accrues. The failure to exercise or delay in exercising any right or remedy shall not prevent its exercise. Nor shall a partial exercise of any right or power prevent a further exercise of that right or power.

(b) Amendments: No amendment to this document shall be valid unless in writing and validly executed by the parties.

(c) No Assignment: This Agreement shall be binding upon the Parties' respective successors and lawful assigns, provided that a Party may only assign its rights or obligations under this agreement with the written consent of the other party.

(d) Severability: If any provision of this Deed is declared illegal or otherwise invalid or unenforceable, that provision shall be severed to the extent of that illegality, invalidity or unenforceability, without affecting the remaining provisions of this Deed.

(e) Counterparts: This contract may be signed by the parties in any number of counterparts, each of which when executed and delivered shall be taken to be a duplicate original and all counterparts together shall be taken as constituting a single original document.

(f) No Agency: Nothing in this Agreement shall be read as constituting or creating any partnership, joint venture or similar relationship between the Parties.


8. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales. The parties shall submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, including any courts that hear appeals from those courts.


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10. Interpretation

In the interpretation of this Agreement:

(a) words which denote the singular number shall include the plural (where relevant) and vice versa;

(b) words which refer to an individual or person shall include bodies corporate or corporations;

(c) words denoting one gender shall include all other genders;

(d) grammatical forms of defined words or phrases will have the corresponding meaning;

(e) if the day on which any act is to be done is a Saturday, Sunday or a public holiday in the place in which the act is to be done, then it must be done on the next day;

(f) references to any party are intended to bind that party's executors, administrators and any permitted transferees;

(g) an obligation which binds more than one party binds them jointly and each of them severally; and

(h) headings are for convenience and do not affect the interpretation of this agreement.


EXECUTED AS AN AGREEMENT ON THE FOLLOWING DATE:

________/________/________


LENDER EXECUTION:

Executed by ________:


____________________________________

Please Sign Here



____________________________________

Witness Signature


____________________________________

Witness Name (Please Print)


BORROWER EXECUTION:

Executed by ________:


____________________________________

Please Sign Here



____________________________________

Witness Signature


____________________________________

Witness Name (Please Print)

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LOAN AGREEMENT


DATED:
________


BETWEEN:

________

of the following address:

________

(the 'Lender')


- AND -

________

of the following address:

________

(the 'Borrower')



OPERATIVE PROVISIONS:

1. Definitions

In this agreement the following terms are defined as follows:

'Agreement' means this loan agreement.

'Business Day' means a day that is not a Saturday, Sunday, public holiday or bank holiday in the State of New South Wales.

'Commencement Date' means the earlier date of the date this agreement is executed by the parties or the date that the Loan Principal is advanced to the Borrower.

'Loan Principal' means the amount provided by the Lender at the direction of the Borrower in the amount of $________ (________).

'Material Adverse Change' means any change in circumstances of the Borrower that the party knows, or should know, will materially affect its capacity to perform its obligations under this agreement.

'Outstanding Amount' means the total of the Loan Principal together with any interest accrued, costs, and any other amounts owing to the Lender under this Agreement.

'Repayment Date' means the date on which the last installment falls due for payment being a date falling ________ calendar weeks after the commencement date of this Agreement or such other date as the Lender and Borrower agree to in writing.


2. The Loan

The Lender shall advance to the Borrower the amount of the Loan Principal on the terms of this agreement.


3. Interest and Repayment

(a) The Borrower shall repay the loan on the Repayment Date. No interest shall be payable in relation to the Loan Principal.

(b) The Borrower shall make payment of fixed weekly installments, each calendar week, for the period of ________ weeks. Each installment shall be in the amount of $________.

(c) The Borrower may repay the whole of the Loan Balance then outstanding at any time upon providing notice of its intention to do so to the other parties and receiving the consent of the Lender to such early repayment.

(d) Any payment made by the Borrower shall be applied by the Lender in the following order:

(I) firstly, towards the payment of any accrued interest;

(II) secondly, towards any costs, expenses or fees accrued in relation to this Agreement;

(III) thirdly, towards the Loan Principal; and

(IV) fourthly, as a prepayment towards future payments due in accordance with this Agreement.


4. Borrower Undertakings

The Borrower provides the following undertakings to the Lender:

(a) that the Loan Amount shall be applied solely to the following purpose, referred to hereinafter as the 'Approved Purpose':

________

(b) to make no counter-claim or set-off against any payment due under this agreement and make such payments on or before the date they fall due for payment without any deductions whatsoever; and

(c) to provide notice to the Lender of any Event of Default or Material Adverse Change.


5. Event of Default

(a) Each of the following events shall constitute an Event of Default:

(I) failure by the Borrower to comply with any of the covenants or obligations express or implied in this agreement;

(II) failure by the Borrower in the due and punctual payment of any money as payment falls due under this agreement;

(III) the Borrower, being a trustee at the Commencement Date of this agreement, ceases to be the trustee;

(IV) the Borrower being a corporation at the Commencement Date of this agreement goes into liquidation or experiences a Material Adverse Change;

(V) the Borrower being a natural person at the Commencement Date of this agreement becomes bankrupt, subject to a debt agreement or personal insolvency agreement;

(VI) where the Lender reasonably believes that the Loan Amount has been applied by the Borrower to some purpose other than the Approved Purpose;

(VII) the Borrower breaches any law regulation, judgment, or administrative decision or decree, in circumstances where the Lender reasonably believes that breach will have an adverse effect on the Borrower's ability to meet its obligations under this agreement.

(b) In the event that any one or more Events of Default shall occur, the Lender may, by notice in writing, require the Borrower to immediately repay the Loan and any accrued interest.


6. Notices and Communication

(a) Any notice or communication sought to be made in relation to this agreement must be in writing and delivered to the address specified as the address of the relevant party by one of the following methods:

(I) by personal delivery;

(II) by ordinary or registered post.

(b) The service of any notice or communication shall be taken as effective:

(I) in the case of personal delivery, upon the relevant party's receipt of it; or

(II) in the case of delivery by ordinary or registered post, the earlier of the relevant party's receipt of it and the third Business Day after mailing it.

(c) A notice in writing from the Lender and signed by an authorised representative shall constitute prima facie proof of the Outstanding Amount and any other costs or fees payable by the Borrower.


7. General Matters

(a) Waiver: The exercise of any right or power under this Deed may be exercised at the discretion of the party to which the benefit of that right or power accrues. The failure to exercise or delay in exercising any right or remedy shall not prevent its exercise. Nor shall a partial exercise of any right or power prevent a further exercise of that right or power.

(b) Amendments: No amendment to this document shall be valid unless in writing and validly executed by the parties.

(c) No Assignment: This Agreement shall be binding upon the Parties' respective successors and lawful assigns, provided that a Party may only assign its rights or obligations under this agreement with the written consent of the other party.

(d) Severability: If any provision of this Deed is declared illegal or otherwise invalid or unenforceable, that provision shall be severed to the extent of that illegality, invalidity or unenforceability, without affecting the remaining provisions of this Deed.

(e) Counterparts: This contract may be signed by the parties in any number of counterparts, each of which when executed and delivered shall be taken to be a duplicate original and all counterparts together shall be taken as constituting a single original document.

(f) No Agency: Nothing in this Agreement shall be read as constituting or creating any partnership, joint venture or similar relationship between the Parties.


8. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales. The parties shall submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, including any courts that hear appeals from those courts.


9. Abfffa Bdfaaaabf

Fafa Bdfaaaabf acbafffbfaa faa abfffa bbbafafcbbfbd aafaaab faa dcfffaa fafcffbd fc faa abaaaaf acffaf cb fafa bcabaabf cbb aacff fadfcaa cff dfaefcba bfaabaafcba, cdfaaaabfa cf bbbafafcbbfbda aafaaab faa dcfffaa fafcffbd fc faa abaaaaf acffaf cb fafa bcabaabf.


10. Interpretation

In the interpretation of this Agreement:

(a) words which denote the singular number shall include the plural (where relevant) and vice versa;

(b) words which refer to an individual or person shall include bodies corporate or corporations;

(c) words denoting one gender shall include all other genders;

(d) grammatical forms of defined words or phrases will have the corresponding meaning;

(e) if the day on which any act is to be done is a Saturday, Sunday or a public holiday in the place in which the act is to be done, then it must be done on the next day;

(f) references to any party are intended to bind that party's executors, administrators and any permitted transferees;

(g) an obligation which binds more than one party binds them jointly and each of them severally; and

(h) headings are for convenience and do not affect the interpretation of this agreement.


EXECUTED AS AN AGREEMENT ON THE FOLLOWING DATE:

________/________/________


LENDER EXECUTION:

Executed by ________:


____________________________________

Please Sign Here



____________________________________

Witness Signature


____________________________________

Witness Name (Please Print)


BORROWER EXECUTION:

Executed by ________:


____________________________________

Please Sign Here



____________________________________

Witness Signature


____________________________________

Witness Name (Please Print)