The Debenture Loan Agreement is a crucial financing document used in New Zealand when a lender provides funding to a borrower in exchange for security over the borrower's assets. This document is typically employed in commercial lending scenarios where comprehensive security arrangements are required to protect the lender's interests. The agreement must comply with New Zealand's regulatory framework, including the Financial Markets Conduct Act 2013, Companies Act 1993, and Personal Property Securities Act 1999. It combines elements of both a loan agreement and a security document, detailing the lending terms while creating enforceable security interests over the borrower's assets. The document is essential for businesses seeking secured financing and provides lenders with clear rights and remedies in case of default.
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1. Parties: Identifies and defines the lender and borrower, including full legal names and addresses
2. Background: Sets out the context of the agreement, including the purpose of the loan and security arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Loan Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest and Fees: Specifies interest rate, calculation method, payment dates, and any applicable fees
6. Repayment Terms: Outlines repayment schedule, prepayment provisions, and payment mechanics
7. Security: Describes the nature and scope of the security interest being granted
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Undertakings: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Lists circumstances that constitute default and their consequences
11. Enforcement: Sets out the lender's rights and remedies upon default
12. Costs and Indemnities: Allocates transaction costs and establishes indemnification obligations
13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Guarantee: Required when there are third-party guarantors securing the borrower's obligations
2. Insurance: Detailed insurance requirements when specific insurance coverage is required for secured assets
3. Financial Covenants: Include when specific financial ratios or requirements must be maintained
4. Security Trustee Provisions: Required in syndicated facilities or when security is held by a trustee
5. Subordination Provisions: Include when there are multiple creditors requiring priority arrangements
6. Change of Control: Include when restrictions on ownership changes are required
7. Assignment and Transfer: Detailed provisions when parties need specific rights to transfer their interests
1. Secured Property Schedule: Detailed list and description of all assets subject to the security interest
2. Repayment Schedule: Detailed breakdown of repayment dates and amounts
3. Drawdown Requirements: Specific conditions and documentation required for loan drawdown
4. Fee Schedule: Detailed breakdown of all applicable fees and charges
5. Form of Drawdown Notice: Template for borrower to request loan disbursements
6. Financial Covenants Schedule: Detailed calculations and thresholds for financial covenants
7. Permitted Security Interests: List of pre-approved security interests that may exist over secured assets
8. Form of Compliance Certificate: Template for periodic compliance reporting by borrower
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Commercial Real Estate
Manufacturing
Retail
Technology
Agriculture
Construction
Mining & Resources
Healthcare
Transport & Logistics
Professional Services
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Commercial Lending
Security Administration
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Commercial Banking Manager
Credit Risk Manager
Relationship Manager
Treasury Manager
Company Secretary
Financial Controller
Compliance Officer
Security Trustee
Commercial Director
Risk Manager
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