The Company Loan Agreement is a vital document used when one company provides financial accommodation to another company in New Zealand. It is particularly relevant for business financing, corporate restructuring, expansion projects, or working capital requirements. The agreement must comply with New Zealand's regulatory framework, including the Companies Act 1993, Contract and Commercial Law Act 2017, and where applicable, the Personal Property Securities Act 1999. It typically includes comprehensive provisions covering loan terms, security arrangements, representations and warranties, covenants, and events of default. This document is essential for protecting both lender and borrower interests, ensuring clear understanding of obligations, and providing legal recourse in case of default.
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1. Parties: Identification of the lender and borrower companies, including registration numbers and registered addresses
2. Background: Context of the loan agreement, including purpose of the loan and any relevant company relationships
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Loan Amount and Purpose: Specification of the loan amount, drawdown conditions, and permitted purpose of the loan
5. Interest: Interest rate, calculation method, payment frequency, and default interest provisions
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment methods
7. Conditions Precedent: Conditions that must be satisfied before the loan is advanced
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements
10. Events of Default: Circumstances that constitute default and consequences thereof
11. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Security: Details of any security provided for the loan - used when the loan is secured
2. Guarantee: Terms of any guarantee provided - used when there are corporate or personal guarantors
3. Multiple Lenders: Provisions for multiple lenders including voting rights and administration - used in syndicated loans
4. Subordination: Priority arrangements with other creditors - used when there are multiple creditors
5. Assignment and Transfer: Detailed provisions for transferring loan interests - used in transferable loan facilities
6. Special Conditions: Any unique terms specific to the particular loan arrangement
7. Tax Provisions: Detailed tax clauses - used when complex tax implications exist
8. Financial Covenants: Detailed financial maintenance covenants - used for larger or more complex loans
1. Drawdown Notice: Form of notice for requesting loan disbursement
2. Repayment Schedule: Detailed schedule of repayment dates and amounts
3. Security Details: Description of security assets and registration details
4. Financial Covenants Calculations: Formulae and methodology for calculating financial covenants
5. Conditions Precedent Documents: List of required documents and conditions to be satisfied
6. Compliance Certificate: Form of certificate for periodic compliance confirmation
7. Guarantor Accession Deed: Form for adding new guarantors
8. Existing Security Interests: List of permitted existing security interests
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Corporate Finance
Real Estate & Property
Manufacturing
Retail & Consumer
Technology & Software
Agriculture & Farming
Construction & Infrastructure
Professional Services
Healthcare
Education
Transport & Logistics
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Banking
Commercial
Company Secretariat
Board of Directors
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Credit Manager
Risk Manager
Company Secretary
Commercial Director
Managing Director
Financial Controller
Compliance Officer
Banking Relationship Manager
Corporate Banking Officer
Finance Analyst
Legal Administrator
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