The Loan Agreement Deed is a formal legal instrument used in New Zealand to document lending arrangements where parties seek the enhanced legal protection offered by deed execution. It is particularly suitable for significant loans, complex lending arrangements, or situations requiring extended limitation periods. The document serves as a comprehensive record of the lending relationship, incorporating all essential terms, conditions, and obligations of the parties. As a deed, it must comply with specific execution requirements under New Zealand law and typically includes detailed provisions for loan disbursement, repayment schedules, security arrangements, events of default, and enforcement mechanisms. The Loan Agreement Deed can be used for both consumer and commercial lending, though its content must be tailored to comply with relevant legislation, particularly the Credit Contracts and Consumer Finance Act 2003 for consumer lending.
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1. Parties: Identifies and defines all parties to the deed, including the lender and borrower with their full legal names and addresses
2. Background: Sets out the context of the loan agreement and the parties' intention to enter into a legally binding deed
3. Definitions and Interpretation: Defines key terms used throughout the document and establishes rules for interpretation
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment Terms: Specifies the repayment schedule, method of payment, and term of the loan
7. Borrower's Representations and Warranties: States the borrower's declarations regarding their capacity and authority to enter into the agreement
8. Borrower's Obligations: Lists the ongoing obligations of the borrower throughout the loan term
9. Events of Default: Defines circumstances that constitute default and the consequences thereof
10. Lender's Rights and Remedies: Outlines the lender's rights in case of default or breach
11. General Provisions: Contains standard clauses including notices, amendments, governing law, and dispute resolution
12. Execution: Formal execution block meeting deed requirements under NZ law
1. Security: Required when the loan is secured against assets, detailing the security arrangement and enforcement rights
2. Guarantor Provisions: Required when there is a guarantor for the loan, outlining their obligations and liability
3. Insurance Requirements: Used when specific insurance coverage is required for secured assets or the borrower
4. Early Repayment: Details early repayment options and any associated fees or penalties
5. Draw Down Conditions: Required for loans with multiple drawdowns or specific conditions precedent
6. Assignment and Transfer: Used when either party needs the right to assign or transfer their rights under the agreement
7. Financial Covenants: Required for business loans where ongoing financial metrics must be maintained
8. Additional Borrower Undertakings: Used for complex loans requiring specific ongoing commitments from the borrower
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Security Details: Comprehensive description of any security assets and their agreed values
3. Conditions Precedent: List of conditions that must be satisfied before the loan is advanced
4. Fee Schedule: Itemized list of all applicable fees and charges
5. Drawdown Schedule: For multiple drawdown facilities, specifying timing and conditions
6. Form of Drawdown Notice: Template for requesting loan disbursements
7. Guarantor Details: Information about guarantors and extent of their guarantees
8. Required Insurance: Specifications for required insurance coverage
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Agriculture
Manufacturing
Retail
Professional Services
Technology
Healthcare
Education
Small Business
Corporate Finance
Relevant Teams
Legal
Finance
Credit
Risk Management
Compliance
Treasury
Corporate Banking
Loan Operations
Document Management
Business Development
Relevant Roles
Chief Financial Officer
Finance Manager
Credit Manager
Loan Officer
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Financial Controller
Treasury Manager
Banking Relationship Manager
Credit Analyst
Debt Recovery Officer
Company Secretary
Commercial Director
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