This Private Lender Loan Agreement is designed for use in New Zealand when an individual or entity (the private lender) provides a loan to another party (the borrower). The document ensures compliance with New Zealand's regulatory framework, particularly the Credit Contracts and Consumer Finance Act 2003, Contract and Commercial Law Act 2017, and related financial legislation. It is suitable for various lending scenarios, from personal loans to business financing, and can accommodate both secured and unsecured lending arrangements. The agreement includes comprehensive terms covering loan amount, interest calculations, repayment schedules, security provisions, events of default, and enforcement rights, while incorporating mandatory disclosure requirements and consumer protection measures required under New Zealand law.
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1. Parties: Identifies and provides full details of the lender and borrower
2. Background: Sets out the context of the loan agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation rules
4. Loan Amount and Purpose: Specifies the loan amount and permitted use of funds
5. Interest Rate and Calculations: Details the interest rate, calculation method, and frequency
6. Repayment Terms: Specifies repayment schedule, amounts, and payment methods
7. Borrower's Representations and Warranties: Borrower's confirmations regarding their financial situation and ability to repay
8. Borrower's Obligations: Ongoing obligations of the borrower during the loan term
9. Events of Default: Defines circumstances constituting default and consequences
10. Lender's Rights and Remedies: Actions available to lender in case of default or breach
11. Costs and Expenses: Allocation of costs related to the loan agreement
12. General Provisions: Standard contract clauses including notices, amendments, and governing law
13. Execution: Signature blocks and execution requirements
1. Security Arrangements: Required when the loan is secured against property or assets
2. Guarantor Provisions: Required when a guarantor is providing additional security for the loan
3. Early Repayment: Include when early repayment is permitted with specific terms
4. Insurance Requirements: Include when specific insurance coverage is required for secured assets
5. Draw Down Conditions: Include for loans with multiple draw downs or specific conditions for access to funds
6. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
7. Financial Covenants: Include for larger loans requiring ongoing financial performance measures
8. Subordination Provisions: Required when the loan needs to be subordinated to other debt
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Initial Disclosure Statement: Mandatory disclosure information required under CCCFA
3. Security Details: Description of any security provided, including asset details
4. Guarantor Details: Personal and contact information for any guarantors
5. Fees Schedule: Breakdown of all applicable fees and charges
6. Conditions Precedent: List of conditions to be satisfied before loan advancement
7. Draw Down Schedule: Timeline and conditions for multiple draw downs if applicable
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