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Debt Investment Agreement Template for New Zealand

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Key Requirements PROMPT example:

Debt Investment Agreement

"I need a Debt Investment Agreement for a NZD 2 million secured loan to a technology startup, with quarterly interest payments and conversion rights after 18 months, including specific covenants around intellectual property protection."

Document background
The Debt Investment Agreement serves as a fundamental legal instrument in New Zealand's financial markets, facilitating debt-based investments between investors and businesses seeking capital. This document is essential when structuring private debt investments, corporate bonds, or other debt securities, ensuring compliance with New Zealand's Financial Markets Conduct Act 2013 and related regulations. It's typically used when a lender provides debt financing to a company, establishing clear terms for the investment, repayment obligations, security arrangements, and investor protections. The agreement must incorporate specific requirements under New Zealand law, including appropriate disclosure obligations, financial market regulations, and consumer protection provisions where applicable. The document's complexity can vary depending on the investment size, whether it's secured or unsecured, and if it involves multiple lenders or special conditions such as conversion rights.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the Lender(s) and Borrower

2. Background: Sets out the context of the agreement, including the purpose of the investment and any relevant pre-conditions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Investment Amount and Purpose: Specifies the principal amount being invested and its intended use

5. Interest: Details the interest rate, calculation method, and payment frequency

6. Repayment Terms: Specifies when and how the principal and interest will be repaid, including any early repayment provisions

7. Conditions Precedent: Lists any conditions that must be satisfied before the investment becomes effective

8. Representations and Warranties: Standard declarations made by the borrower about their legal status and capacity

9. Covenants: Ongoing obligations of the borrower during the term of the investment

10. Events of Default: Defines circumstances that constitute default and the consequences

11. Remedies: Sets out the lender's rights and remedies in case of default

12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Security: Required if the debt is secured against any assets - details the security arrangement and enforcement rights

2. Conversion Rights: Include if the debt is convertible into equity - specifies conversion terms and process

3. Subordination: Required if the debt is subordinated to other debt - establishes priority of payments

4. Guarantees: Include if there are personal or corporate guarantees supporting the debt

5. Syndication Provisions: Required for multiple lenders - establishes voting rights and administration

6. Information Rights: Optional enhanced reporting requirements beyond standard covenants

7. Board Observer Rights: If the lender is granted rights to attend board meetings

8. Pre-payment Provisions: Optional detailed terms for early repayment including any penalties

9. Tax Provisions: Detailed tax handling if complex tax implications exist

Suggested Schedules

1. Schedule 1 - Investment Details: Detailed breakdown of the investment amount, interest rate, and payment schedule

2. Schedule 2 - Conditions Precedent: Detailed list of all conditions to be satisfied before investment

3. Schedule 3 - Security Details: If secured, detailed description of security assets and arrangements

4. Schedule 4 - Financial Covenants: Specific financial ratios and thresholds to be maintained

5. Schedule 5 - Permitted Security Interests: List of pre-approved security interests that may exist

6. Schedule 6 - Form of Compliance Certificate: Template for regular compliance reporting

7. Schedule 7 - Accession Deed: Template for additional parties joining the agreement if applicable

8. Appendix A - Calculation Methods: Detailed procedures for calculating interest, financial ratios, etc.

9. Appendix B - Required Forms: Collection of required forms for notices, drawdowns, etc.

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































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Relevant Industries

Financial Services

Investment Banking

Private Equity

Venture Capital

Real Estate

Technology

Manufacturing

Agriculture

Healthcare

Infrastructure

Retail

Hospitality

Mining and Resources

Professional Services

Construction

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Development

Investment

Credit

Operations

Company Secretariat

Capital Markets

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Investment Manager

Legal Counsel

Corporate Lawyer

Investment Banker

Fund Manager

Treasury Manager

Financial Controller

Risk Manager

Compliance Officer

Company Secretary

Credit Analyst

Portfolio Manager

Managing Director

CEO

Commercial Director

Debt Capital Markets Manager

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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