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Deed Of Assignment Of Loan
"I need a Deed of Assignment of Loan for transferring a secured corporate loan worth NZD 2.5M from ABC Bank Limited to XYZ Investment Fund, with the original borrower being Tech Solutions Ltd., including transfer of all associated security interests and guarantees, to be effective from March 1, 2025."
1. Parties: Identifies the Assignor (current loan holder), Assignee (new loan holder), and Borrower (original debtor)
2. Background: Recitals explaining the existing loan arrangement and the intention to assign the loan
3. Definitions and Interpretation: Defines key terms used in the deed and sets out interpretation rules
4. Assignment: Core clause that effects the transfer of the loan and all associated rights from Assignor to Assignee
5. Consideration: States the payment or other consideration for the assignment
6. Effective Date: Specifies when the assignment takes effect
7. Assignor's Warranties: Warranties regarding ownership of the loan, right to assign, and loan status
8. Further Assurance: Obligations to execute further documents or take additional steps if required
9. Notices: Procedure for giving notices under the deed
10. Governing Law: Specifies New Zealand law as governing law and jurisdiction
11. Execution: Formal execution block meeting New Zealand deed requirements
1. Security Assignment: Required if any security interests are being transferred with the loan
2. Borrower's Acknowledgment: Include if the borrower is party to the deed to acknowledge the assignment
3. Costs and Stamp Duty: Include if there are significant costs to be allocated between parties
4. GST: Required if the assignment has GST implications
5. Confidentiality: Include if specific confidentiality obligations are required
6. Power of Attorney: Include if Assignor grants power of attorney to Assignee to perfect the assignment
7. Partial Assignment: Required if only part of the loan is being assigned
1. Loan Agreement Details: Copy or details of the original loan agreement being assigned
2. Security Details: Details of any security interests associated with the loan
3. Loan Status Schedule: Current balance, payment status, and other key loan details
4. Notice of Assignment: Form of notice to be sent to the Borrower
5. Payment Details: Details of how the assignment consideration is to be paid
Authors
Banking & Financial Services
Investment Management
Legal Services
Real Estate
Private Equity
Asset Management
Debt Collection
Commercial Lending
Consumer Finance
Corporate Finance
Legal
Finance
Credit Administration
Risk Management
Compliance
Corporate Banking
Loan Operations
Investment
Portfolio Management
Transaction Services
Legal Counsel
Finance Manager
Credit Manager
Loan Officer
Portfolio Manager
Risk Manager
Compliance Officer
Corporate Lawyer
Banking Executive
Debt Collection Manager
Investment Manager
Transaction Manager
Chief Financial Officer
Legal Director
Company Secretary
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