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ARTICLE · 14 DECEMBER 2019

Side deeds – what, when and why?

Side deeds create a direct contractual relationship between the lender and a third party to a financing arrangement.

AustraliaCorporate/Commercial Law

In the financing world, side deeds (sometimes also referred to as tripartite deeds, consent deeds or direct agreements) are frequently the source of robust negotiations between parties. This article briefly explores when a lender needs a side deed and the key elements that a lender should require when obtaining one.

What are side deeds?

Side deeds create a direct contractual relationship between the lender and a third party to a financing. That third party would be the counterparty to a key contract or arrangement with a borrower. Generally, that contract or arrangement is essential to the borrower's business or the project being funded by the lender.

The most common examples of key contracts where a lender may require a side deed are:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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