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Project Financing Agreement

Project Financing Agreement Template for New Zealand

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Key Requirements PROMPT example:

Project Financing Agreement

"I need a Project Financing Agreement under New Zealand law for a NZD 250 million renewable energy project in Wellington, with particular emphasis on environmental compliance and green financing provisions, to be completed by March 2025."

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Document background
The Project Financing Agreement serves as the primary financing document for large-scale projects in New Zealand, structuring the provision of debt financing based on the project's cash flow potential rather than the sponsors' balance sheets. This document is essential when implementing major infrastructure, energy, or development projects that require substantial capital investment and involve multiple stakeholders. The agreement, governed by New Zealand law, particularly the Financial Markets Conduct Act 2013 and related legislation, details all aspects of the financing arrangement including facility terms, security structure, conditions precedent, covenants, and monitoring requirements. It is specifically designed to allocate project risks among various parties and protect lenders' interests while ensuring project viability and compliance with New Zealand regulatory requirements.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the borrower, lenders, security trustee, and any guarantors

2. Background: Sets out the context of the project, purpose of the financing, and general intent of the parties

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Facility and Purpose: Details of the credit facility, including amount, purpose, and any tranches or sub-facilities

5. Conditions Precedent: Conditions that must be satisfied before drawdown, including documentation, approvals, and due diligence requirements

6. Drawdown Mechanics: Procedures and requirements for requesting and making drawdowns under the facility

7. Interest and Fees: Interest calculation methodology, payment dates, and all applicable fees

8. Repayment and Prepayment: Repayment schedule, mandatory and voluntary prepayment provisions

9. Security Structure: Overview of security package and ranking of security interests

10. Representations and Warranties: Standard and project-specific representations and warranties

11. Covenants: Financial and non-financial covenants, including project-specific requirements

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Transfer and assignment provisions

14. Administration: Administrative provisions including payments, calculations, and notices

15. Governing Law and Jurisdiction: Choice of law and jurisdiction for dispute resolution

Optional Sections

1. Intercreditor Provisions: Required when multiple lenders or creditor classes are involved, establishing priority and voting rights

2. Construction Phase Provisions: Necessary for projects involving construction, including milestone requirements and construction-specific conditions

3. Environmental and Social Requirements: Required for projects with significant environmental or social impacts, detailing compliance requirements

4. Political Risk Protection: Important for projects with significant political risk exposure

5. Export Credit Support: Relevant when export credit agency support is involved

6. Insurance Requirements: Detailed insurance provisions for projects with specific insurance needs

7. Direct Agreements: Required when step-in rights are needed with key project counterparties

8. Hedging Requirements: Necessary when mandatory hedging is part of the financing structure

Suggested Schedules

1. Facility Details: Detailed terms of each facility including amounts, interest rates, and margins

2. Conditions Precedent Documents: List of all required conditions precedent documents

3. Form of Drawdown Request: Template for drawdown requests

4. Repayment Schedule: Detailed amortization schedule

5. Form of Compliance Certificate: Template for periodic compliance reporting

6. Project Documents: List and copies of key project documents

7. Security Documents: List and copies of all security documents

8. Financial Covenants Calculations: Detailed methodology for calculating financial covenants

9. Technical Schedule: Technical specifications and requirements for the project

10. Insurance Requirements: Detailed insurance requirements and minimum coverage levels

11. Form of Transfer Certificate: Template for transferring interests in the facility

12. Contact Details: Contact information for all parties and authorized representatives

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions
Clauses



















































Relevant Industries

Infrastructure

Energy

Mining

Real Estate Development

Transportation

Utilities

Renewable Energy

Healthcare

Telecommunications

Industrial Development

Agriculture

Waste Management

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Project Management

Corporate Development

Investment Banking

Credit Risk

Environmental & Social

Technical Services

Operations

Relevant Roles

Chief Financial Officer

Project Finance Manager

Legal Counsel

Finance Director

Project Manager

Risk Manager

Treasury Manager

Commercial Director

Investment Banker

Financial Analyst

Compliance Officer

Corporate Lawyer

Investment Manager

Development Director

Infrastructure Finance Specialist

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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