The Investment Loan Contract serves as a crucial legal instrument in New Zealand's financial services landscape, designed to facilitate and govern investment-focused lending arrangements. This document is typically used when a lender (usually a financial institution) provides funding to a borrower specifically for investment purposes, whether for property acquisition, business expansion, or other investment opportunities. The contract must comply with New Zealand's robust regulatory framework, including the Credit Contracts and Consumer Finance Act 2003 and the Financial Markets Conduct Act 2013. It encompasses essential elements such as loan terms, security arrangements, investment parameters, risk management provisions, and compliance requirements, while providing clear mechanisms for enforcement and dispute resolution under New Zealand law.
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1. Parties: Identification of the lender(s) and borrower(s), including full legal names, addresses, and registration numbers for companies
2. Background: Context of the loan arrangement, purpose of the investment, and any relevant pre-contractual arrangements
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the contract
4. Loan Facility: Details of the loan amount, purpose, and any conditions precedent to drawdown
5. Interest and Fees: Interest rate, calculation method, payment frequency, and all applicable fees
6. Repayment Terms: Repayment schedule, payment methods, and early repayment provisions
7. Security Arrangements: Description of security provided for the loan, including any guarantees or charges
8. Borrower Covenants: Borrower's obligations, including financial covenants and reporting requirements
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Events of Default: Circumstances constituting default and consequences thereof
11. General Provisions: Standard contract terms including notices, amendments, governing law, and dispute resolution
1. Multiple Lender Provisions: Required when there are multiple lenders, defining their relationships and decision-making processes
2. Investment Conditions: Include when specific investment criteria or restrictions need to be maintained
3. Guarantor Provisions: Required when third-party guarantors are involved in securing the loan
4. Special Purpose Vehicle Requirements: Include when the borrower is a special purpose vehicle for the investment
5. Currency Provisions: Required for loans involving multiple currencies or foreign investments
6. Insurance Requirements: Include when specific insurance coverage is required for the investment
7. Additional Security Provisions: Required when complex security arrangements exist beyond standard security
8. Syndication Rights: Include when the lender may want to syndicate the loan in the future
1. Schedule 1 - Loan Details: Specific details of the loan including amount, interest rate, and payment dates
2. Schedule 2 - Conditions Precedent: List of conditions that must be satisfied before loan drawdown
3. Schedule 3 - Security Details: Detailed description of all security arrangements and secured assets
4. Schedule 4 - Financial Covenants: Specific financial ratios and requirements to be maintained
5. Schedule 5 - Permitted Investments: List of approved investment types and criteria
6. Schedule 6 - Form of Drawdown Notice: Template for requesting loan disbursements
7. Appendix A - Investment Plan: Detailed plan for use of loan funds and investment strategy
8. Appendix B - Security Documents: Copies or forms of all security documentation
9. Appendix C - Compliance Certificates: Templates for periodic compliance reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property
Investment Management
Private Equity
Commercial Development
Infrastructure
Agriculture
Manufacturing
Retail
Technology and Innovation
Professional Services
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit Assessment
Investment Management
Treasury
Corporate Banking
Loan Administration
Portfolio Management
Relevant Roles
Chief Financial Officer
Investment Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Investment Analyst
Portfolio Manager
Financial Controller
Treasury Manager
Relationship Manager
Risk Assessment Officer
Corporate Banker
Investment Advisor
Security Trustee Officer
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