This Pro Forma Loan Agreement serves as a standardized template for documenting lending arrangements in New Zealand. It is designed to comply with all relevant New Zealand legislation, including the Credit Contracts and Consumer Finance Act 2003, Contract and Commercial Law Act 2017, and Fair Trading Act 1986. The agreement can be used for various lending scenarios, from simple bilateral loans to more complex secured lending arrangements. It includes all essential provisions required by New Zealand law, such as disclosure requirements, unfair contract terms provisions, and responsible lending obligations. The document is structured to allow easy customization while maintaining compliance with regulatory requirements and market standards for lending documentation in New Zealand.
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1. Parties: Identifies and defines the Lender and Borrower with full legal names and addresses
2. Background: Sets out the context of the loan agreement and the parties' intention to enter into the lending arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use
5. Interest Rate and Calculations: Details the applicable interest rate(s) and how interest is calculated
6. Repayment Terms: Specifies the repayment schedule, payment amounts, and payment methods
7. Conditions Precedent: Lists conditions that must be satisfied before the loan is advanced
8. Representations and Warranties: Sets out the Borrower's confirmations regarding their financial status and ability to repay
9. Borrower Covenants: Details the Borrower's ongoing obligations throughout the loan term
10. Events of Default: Defines circumstances that constitute default and the consequences
11. General Provisions: Contains standard contractual provisions including notices, amendments, and governing law
1. Security: Required when the loan is secured against assets or property
2. Guarantees: Include when there are third-party guarantors for the loan
3. Insurance Requirements: Required when specific insurance coverage is mandatory for the loan
4. Early Repayment: Include when early repayment is permitted and any associated fees
5. Draw Down Procedures: Required for loans with multiple drawdown facilities
6. Interest Rate Review: Include for variable rate loans or when periodic rate reviews are applicable
7. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
8. Additional Borrower Obligations: Include for specific loan types requiring extra borrower commitments
1. Schedule 1 - Loan Details: Key commercial terms including loan amount, interest rate, and payment schedule
2. Schedule 2 - Drawdown Notice: Form of drawdown notice for multiple advance loans
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts
4. Schedule 4 - Security Details: Description of any security assets and related terms
5. Schedule 5 - Fees and Charges: Comprehensive list of all applicable fees and charges
6. Appendix A - Initial Disclosure Statement: Mandatory disclosure statement under CCCFA requirements
7. Appendix B - Direct Debit Authority: Form for setting up automatic payment arrangements
8. Appendix C - Guarantor Acknowledgment: Required documentation for guarantors if applicable
Relevant legal definitions
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Relevant Industries
Banking & Financial Services
Real Estate
Commercial Property
Small Business
Corporate Finance
Agriculture
Manufacturing
Retail
Professional Services
Construction
Relevant Teams
Legal
Finance
Credit
Compliance
Risk Management
Operations
Commercial
Business Development
Corporate Banking
Retail Banking
Relevant Roles
Legal Counsel
Finance Manager
Credit Manager
Loan Officer
Compliance Officer
Risk Manager
Financial Controller
Business Development Manager
Commercial Manager
Operations Manager
Contract Administrator
Corporate Lawyer
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Credit Analyst
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