The Investment Loan Agreement is a crucial document used in New Zealand when a lender provides funding specifically for investment purposes, whether for property acquisition, business expansion, or other investment opportunities. This agreement type is essential for transactions where the borrowed funds are intended for investment rather than personal use, requiring specific provisions around investment criteria, return expectations, and risk management. The document must comply with New Zealand's financial services regulations and banking laws, incorporating necessary consumer protection measures while maintaining commercial flexibility. The Investment Loan Agreement typically includes detailed sections on security arrangements, investment conditions, reporting requirements, and covenant packages appropriate for investment-focused lending. It's commonly used by financial institutions, investment companies, and private lenders operating within New Zealand's jurisdiction, requiring careful consideration of both financial services regulations and investment-specific requirements.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal details
2. Background: Sets out the context of the loan, including the purpose of the investment and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Loan Facility: Details the loan amount, purpose, and any conditions precedent to drawdown
5. Interest: Specifies interest rate(s), calculation method, and payment frequency
6. Repayment Terms: Sets out the repayment schedule, method, and any early repayment provisions
7. Representations and Warranties: Contains statements of fact and assurances given by the Borrower
8. Borrower Covenants: Details ongoing obligations of the Borrower during the loan term
9. Events of Default: Lists circumstances that constitute default and their consequences
10. Costs and Expenses: Allocates responsibility for fees, charges, and expenses
11. Notices: Specifies how formal communications between parties should be made
12. General Provisions: Contains standard boilerplate clauses including governing law, assignment, and amendments
13. Execution: Contains signature blocks and execution requirements
1. Security Arrangements: Include when the loan is secured against specific assets or properties
2. Guarantees: Include when there are personal or corporate guarantors for the loan
3. Investment Conditions: Include when specific requirements or restrictions apply to the use of loan funds
4. Insurance Requirements: Include when specific insurance coverage is required for secured assets
5. Special Drawing Conditions: Include when the loan is to be drawn down in multiple tranches or subject to specific conditions
6. Reporting Requirements: Include when regular financial or investment reporting is required
7. Property Maintenance Obligations: Include when loan is secured against property requiring specific maintenance standards
8. Co-Borrower Provisions: Include when multiple borrowers are jointly taking the loan
1. Schedule 1 - Loan Details: Contains specific loan terms including amount, interest rate, and repayment schedule
2. Schedule 2 - Conditions Precedent: Lists all conditions that must be satisfied before loan drawdown
3. Schedule 3 - Security Details: Describes any security or collateral provided for the loan
4. Schedule 4 - Fee Schedule: Details all fees and charges applicable to the loan
5. Schedule 5 - Drawdown Notice: Template form for requesting loan drawdowns
6. Schedule 6 - Compliance Certificate: Template for periodic confirmation of compliance with loan terms
7. Appendix A - Investment Plan: Details of how the loan funds will be invested
8. Appendix B - Property Details: Detailed description of any property serving as security
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Commercial Property
Investment Management
Private Equity
Corporate Finance
Asset Management
Property Development
Infrastructure
Agriculture
Commercial Business
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit Assessment
Investment Operations
Treasury
Corporate Banking
Commercial Lending
Portfolio Management
Investment Advisory
Relevant Roles
Chief Financial Officer
Investment Manager
Legal Counsel
Credit Risk Manager
Relationship Manager
Investment Advisor
Compliance Officer
Financial Controller
Portfolio Manager
Treasury Manager
Commercial Banking Manager
Risk Assessment Officer
Property Investment Manager
Corporate Finance Manager
Investment Analyst
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