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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."
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.
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
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
Financial Services
Investment Banking
Private Equity
Venture Capital
Real Estate
Technology
Manufacturing
Agriculture
Healthcare
Infrastructure
Retail
Hospitality
Mining and Resources
Professional Services
Construction
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Development
Investment
Credit
Operations
Company Secretariat
Capital Markets
Portfolio Management
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
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