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Debt Facility Agreement

Debt Facility Agreement Template for New Zealand

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Key Requirements PROMPT example:

Debt Facility Agreement

"I need a Debt Facility Agreement for a NZD 5 million secured term loan facility between ABC Bank Limited as lender and XYZ Manufacturing Limited as borrower, with a maturity date of 30 June 2025 and quarterly repayments."

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Document background
This Debt Facility Agreement is designed for use in New Zealand lending transactions where a lender provides credit facilities to a borrower. The agreement is structured to comply with New Zealand financial services regulations and commercial law, including the Financial Markets Conduct Act 2013 and related legislation. It contains comprehensive provisions covering facility terms, drawdown mechanics, interest calculations, repayment obligations, security arrangements, representations, warranties, and covenants. The document is suitable for various lending scenarios, from bilateral corporate loans to syndicated facilities, and can be customized based on the specific requirements of the transaction, including security arrangements and guarantees. It incorporates market standard provisions for New Zealand financing transactions while allowing flexibility to accommodate specific commercial requirements.
Suggested Sections

1. Parties: Identifies and defines the lender(s), borrower(s), and any guarantors

2. Background: Sets out the context of the facility and intention of the parties

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. The Facility: Details the type, amount, and purpose of the facility

5. Conditions Precedent: Specifies conditions that must be met before drawdown

6. Drawdown: Sets out the drawdown mechanics, notice requirements, and availability period

7. Interest: Specifies interest rates, calculation methods, and payment periods

8. Repayment and Prepayment: Details repayment terms, prepayment rights, and consequences

9. Representations and Warranties: Lists borrower's confirmations about its status and capacity

10. Undertakings: Sets out positive and negative obligations of the borrower

11. Events of Default: Lists circumstances that trigger default and enforcement rights

12. Consequences of Default: Details lender's rights and remedies upon default

13. Changes to Parties: Covers assignment and transfer provisions

14. Administration: Covers operational aspects like payments, calculations, and notices

15. Governing Law and Enforcement: Specifies governing law and jurisdiction for disputes

Optional Sections

1. Security: Include when facility is secured - details security arrangements and enforcement

2. Guarantee: Include when there are guarantors - contains guarantee provisions

3. Accordion Facility: Include when facility amount may be increased - sets out increase mechanics

4. Multiple Lenders: Include for syndicated facilities - covers syndicate operations and voting

5. Financial Covenants: Include when specific financial metrics must be maintained

6. Review Events: Include when periodic review rights are required - less severe than defaults

7. Market Disruption: Include for LIBOR/BKBM based facilities - handles benchmark disruption

8. Increased Costs and Tax: Include for sophisticated lenders - handles regulatory cost changes

Suggested Schedules

1. Facility Particulars: Details specific terms like amount, interest rate, maturity date

2. Conditions Precedent: Lists required documents and conditions for initial and subsequent drawdowns

3. Form of Drawdown Notice: Template for borrower to request drawings under the facility

4. Form of Compliance Certificate: Template for periodic confirmation of compliance with terms

5. Calculation of Financial Covenants: Details method for calculating any financial covenants

6. Security Details: Lists and describes all security being provided

7. Permitted Security Interests: Lists security interests allowed to exist over borrower assets

8. Form of Transfer Certificate: Template for transferring lender commitments/rights

9. Address Details: Contact details for notices and communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Banking and Financial Services

Real Estate and Property

Infrastructure

Manufacturing

Retail

Agriculture

Technology

Healthcare

Energy

Transportation and Logistics

Construction

Mining and Resources

Relevant Teams

Legal

Finance

Treasury

Risk and Compliance

Credit

Commercial

Corporate Banking

Business Development

Company Secretariat

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Relationship Manager

Credit Manager

Risk Manager

Compliance Officer

Commercial Director

Business Development Manager

Financial Controller

Company Secretary

Banking Manager

Loan Officer

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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