51Ƶ

Loan Subordination Agreement for Australia

Loan Subordination Agreement Template for Australia

This Loan Subordination Agreement Template is designed for use in Australia and complies with Australian federal and state laws governing secured transactions, corporate lending, and financial services. The agreement establishes the relative priorities between different classes of creditors, setting out the terms under which junior debt is subordinated to senior debt. It includes comprehensive provisions for payment hierarchies, restrictions on enforcement actions, and mechanisms for managing default scenarios, all while adhering to Australian regulatory requirements including the Personal Property Securities Act 2009 (Cth) and the Corporations Act 2001 (Cth).

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Loan Subordination Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Loan Subordination Agreement?

The Loan Subordination Agreement Template is essential for complex financing arrangements in Australia where multiple creditors are involved and a clear hierarchy of debt needs to be established. This template is specifically designed for use when there are senior and junior debt facilities, and the parties need to document their respective rights and priorities. The agreement covers crucial aspects such as payment waterfall provisions, enforcement restrictions, and creditor rights in default scenarios. It is particularly relevant in situations involving corporate refinancing, project finance, or restructuring where multiple layers of debt exist. The template incorporates requirements under Australian law, including the Personal Property Securities Act 2009 (Cth) and relevant banking regulations, making it suitable for both domestic and cross-border transactions involving Australian entities.

What sections should be included in a Loan Subordination Agreement?

1. Parties: Identifies all parties to the agreement including the Senior Creditor, Subordinated Creditor, and Debtor

2. Background: Recitals explaining the context of the existing debts and the purpose of the subordination arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Subordination: Core provisions establishing the subordination of the junior debt to the senior debt

5. Priority of Payments: Specifies the order in which payments will be made and how proceeds will be distributed

6. Restrictions on Subordinated Debt: Details restrictions on payments, enforcement, and modifications of the subordinated debt

7. Undertakings: Commitments from all parties regarding their conduct during the term of the agreement

8. Events of Default: Specifies circumstances that constitute default and their consequences

9. Duration and Termination: Establishes how long the subordination remains in effect and circumstances for termination

10. Assignment and Transfer: Rules regarding the transfer of rights and obligations under the agreement

11. Notices: Procedures for formal communications between parties

12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments

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

1. Security Arrangements: Include when the subordination agreement involves secured debts, detailing the priority of security interests

2. Turnover Provisions: Include when requiring the subordinated creditor to turn over any prohibited payments to the senior creditor

3. Standstill Provisions: Include when requiring the subordinated creditor to refrain from taking enforcement action for a specified period

4. Intercreditor Provisions: Include when multiple creditors are involved beyond simple senior/subordinated relationship

5. Payment Blockage Provisions: Include when specific triggers can block payments to subordinated creditors

6. Refinancing Provisions: Include when contemplating future refinancing of the senior debt

7. Insolvency Provisions: Include detailed provisions for insolvency scenarios when dealing with corporate debtors

What schedules should be included in a Loan Subordination Agreement?

1. Schedule 1 - Details of Senior Debt: Detailed description of all senior debt facilities including amounts, terms, and security

2. Schedule 2 - Details of Subordinated Debt: Detailed description of all subordinated debt facilities including amounts, terms, and security

3. Schedule 3 - Form of Accession Deed: Template for additional parties to join the subordination arrangement

4. Schedule 4 - Payment Terms: Detailed payment waterfall and calculation mechanisms

5. Appendix A - Notice Details: Contact information and notice requirements for all parties

6. Appendix B - Existing Security Documents: List and details of any existing security documents affected by the subordination

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions













































Clauses





























Relevant Industries

Banking & Financial Services

Corporate Finance

Real Estate & Property

Infrastructure & Construction

Mining & Resources

Manufacturing & Industrial

Retail & Consumer

Healthcare & Medical

Technology & Communications

Agriculture & Agribusiness

Relevant Teams

Legal

Finance

Treasury

Risk Management

Credit

Corporate Banking

Debt Capital Markets

Special Situations

Restructuring

Commercial

Company Secretariat

Compliance

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking & Finance Lawyer

Treasury Manager

Financial Controller

Risk Manager

Credit Manager

Restructuring Officer

Investment Manager

Debt Fund Manager

Commercial Director

Company Secretary

Loan Officer

Corporate Banking Manager

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

Find the exact document you need

Auto Loan Promissory Note

An Australian-compliant template for vehicle loan agreements that establishes loan terms, security interests, and obligations under national consumer credit laws.

find out more

Contract To Take Over Car Payments

An Australian legal agreement for transferring car payment obligations from one borrower to another, compliant with national consumer credit laws.

find out more

Private Lender Contract

An Australian-law governed agreement establishing terms and conditions for private lending arrangements, including loan details, security, and compliance with national lending regulations.

find out more

Vendor Finance Loan Agreement

An Australian-law governed template agreement for vendor financing arrangements, incorporating security interests and compliance with local credit legislation.

find out more

OverLoan Agreement

An Australian-law governed agreement establishing an overdraft facility between a financial institution and borrower, detailing credit limits, terms, and obligations under Australian banking regulations.

find out more

Fixed Sum Loan Agreement Early Settlement

An Australian-compliant loan agreement template for fixed sum loans with early settlement provisions, meeting National Consumer Credit Protection Act requirements.

find out more

Employee Loan Agreement Interest

An Australian-compliant interest-free loan agreement between employer and employee, including repayment terms and FBT considerations.

find out more

Employee Computer Loan Agreement

An Australian law agreement governing the loan of computer equipment from employer to employee, establishing terms, conditions, and mutual obligations.

find out more

Facility Agreement Loan

An Australian law-governed agreement setting out terms and conditions for the provision of loan facilities between lenders and borrowers, including key financial and operational terms.

find out more

Acknowledgement Of Debt Agreement

An Australian-compliant legal document where a debtor formally acknowledges their debt and agrees to specific repayment terms under Australian law.

find out more

Personal Loan To Business Agreement

An Australian-law governed agreement between an individual lender and a business borrower, establishing terms and conditions for a business loan.

find out more

Loan Agreement Between Family Members

An Australian-compliant legal agreement that formalizes and documents loan arrangements between family members, including terms, conditions, and repayment schedules.

find out more

Standard Mortgage Agreement

An Australian-law governed agreement establishing the terms and security arrangements for a mortgage loan secured against real property.

find out more

Director Loan To Company Agreement

An Australian law-governed agreement documenting the terms and conditions of a loan provided by a director to their company, ensuring regulatory compliance and protecting both parties' interests.

find out more

Construction Loan Contract

An Australian legal agreement for progressive funding of construction projects, governing both financial and construction aspects under Australian federal and state laws.

find out more

Commercial Real Estate Loan Term Sheet

Australian-compliant template outlining key terms and conditions for commercial real estate loan facilities.

find out more

Demand Loan

Australian-compliant demand loan agreement template allowing lenders to call for repayment at any time, suitable for both consumer and business lending.

find out more

Balloon Loan Agreement

An Australian-compliant loan agreement template featuring regular payments and a final balloon payment, structured according to Australian financial and consumer protection laws.

find out more

Loan Agreement Between Two Individuals

An Australian-compliant loan agreement template for personal lending between individuals, establishing terms, conditions, and obligations for both parties.

find out more

Simple Intercompany Loan Agreement

An Australian law template for documenting loan arrangements between related companies within the same corporate group.

find out more

Loan Agreement Between Companies

Australian corporate loan agreement template for inter-company lending, compliant with Australian corporate and financial services laws.

find out more

Home Equity Loan Agreement

Australian-compliant Home Equity Loan Agreement Template establishing terms for property equity-secured lending, including mandatory consumer protection provisions.

find out more

Simple Promissory Note For Family Loan

An Australian legal document that formalizes and documents the terms of a monetary loan between family members, providing legal protection while maintaining familial considerations.

find out more

Debt Payment Agreement

An Australian-compliant template for structuring and documenting debt repayment arrangements between creditors and debtors, incorporating all essential legal and practical provisions.

find out more

Inter Lender Agreement

An Australian law-governed agreement establishing rights, priorities, and relationships between multiple lenders in a financing arrangement.

find out more

Hand Loan Agreement

An Australian-compliant agreement documenting the terms and conditions of a personal or small business loan between parties, including loan amount, interest, and repayment terms.

find out more

Flexi Finance Loan Agreement

An Australian-compliant flexible finance agreement establishing a revolving credit facility with variable drawdown and repayment terms.

find out more

Credit Terms Agreement

An Australian-compliant template for establishing credit arrangements between providers and customers, incorporating all necessary legal and regulatory requirements.

find out more

Assignment Of Loan Agreement

Australian-compliant template for transferring loan rights and obligations from one lender to another, suitable for various types of loan assignments under Australian law.

find out more

Agreement Between Two Persons For Money

An Australian law-governed agreement formalizing financial arrangements between two individuals, including payment terms and obligations.

find out more

Subordinated Loan Agreement

Australian law template for subordinated loan arrangements, establishing terms for junior-ranking debt with comprehensive creditor provisions.

find out more

Loan Payment Agreement

An Australian-law governed agreement establishing loan terms, repayment conditions, and parties' obligations in a lending arrangement.

find out more

Loan Participation Agreement

Australian law-governed template for loan participation arrangements between financial institutions, establishing terms for loan interest transfers and regulatory compliance.

find out more

Simple Loan Application Form

An Australian-compliant loan application form template for collecting and assessing borrower information in accordance with national lending regulations.

find out more

Private Lending Term Sheet

An Australian law-compliant template outlining key terms and conditions for private lending arrangements, serving as the foundation for the final loan agreement.

find out more

Personal Loan Receipt

An Australian-compliant template for documenting personal loan receipts, capturing loan details and acknowledgment of funds transfer between parties.

find out more

Payday Loan Contract

An Australian-compliant payday loan contract template for small amount credit contracts (SACCs), incorporating all regulatory requirements and consumer protections under Australian law.

find out more

Facility Agreement

An Australian law-governed template agreement setting out terms and conditions for corporate lending facilities, including key provisions for facility mechanics, security, and covenants.

find out more

Debt Repayment Contract

An Australian-compliant Debt Repayment Contract Template for documenting and managing debt repayment arrangements between creditors and debtors.

find out more

Employee Forgivable Loan Agreement

An Australian-law governed agreement establishing terms for an employer-provided loan to an employee that can be forgiven based on specified employment and performance conditions.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it