The Financial Support Agreement is a crucial document used in New Zealand business transactions where one party provides financial assistance to another under specified terms and conditions. This agreement is particularly relevant in situations involving corporate financing, investment arrangements, parent-subsidiary support, or other business funding scenarios. The document addresses key aspects including the nature and amount of financial support, disbursement conditions, security arrangements, reporting requirements, and default provisions. It ensures compliance with New Zealand financial regulations and commercial law, including the Contract and Commercial Law Act 2017 and relevant financial services legislation. The agreement is designed to provide clarity and certainty while protecting the interests of both the provider and recipient of financial support.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the financial support arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Financial Support Terms: Details the amount, nature, and terms of the financial support being provided
5. Payment Terms: Specifies payment schedules, methods, and conditions for disbursement
6. Conditions Precedent: Lists any conditions that must be met before the financial support becomes available
7. Representations and Warranties: States the assurances and declarations made by each party
8. Obligations of the Support Provider: Details the responsibilities and commitments of the party providing financial support
9. Obligations of the Recipient: Specifies the responsibilities and commitments of the party receiving financial support
10. Security and Enforcement: Describes any security arrangements and enforcement mechanisms
11. Default and Remedies: Defines events of default and available remedies
12. Term and Termination: Specifies the duration of the agreement and circumstances for termination
13. Confidentiality: Sets out obligations regarding confidential information
14. General Provisions: Contains standard legal provisions including notices, amendments, governing law, and dispute resolution
1. Guarantee Provisions: Required when a third party guarantees the financial obligations
2. Insurance Requirements: Included when specific insurance coverage is required as part of the arrangement
3. Special Purpose Vehicle: Needed when the financial support involves creation or use of a special purpose vehicle
4. Tax Provisions: Required when specific tax arrangements or implications need to be addressed
5. Regulatory Compliance: Included when specific regulatory requirements need detailed coverage
6. Assignment and Transfer: Required when rights or obligations under the agreement may be transferred
7. Force Majeure: Included when specific circumstances beyond parties' control need to be addressed
8. Step-In Rights: Required when the support provider needs rights to take control in certain circumstances
1. Payment Schedule: Detailed breakdown of payment amounts, dates, and conditions
2. Security Details: Specific details of any security arrangements or collateral
3. Financial Covenants: Detailed financial ratios and requirements to be maintained
4. Reporting Requirements: Specific reports, certificates, and financial statements required
5. Form of Drawdown Notice: Template for requesting disbursement of funds
6. Compliance Certificates: Ƶ for regular compliance certification
7. Key Personnel: List of key personnel involved in managing the financial support arrangement
8. Required Insurances: Detailed list of required insurance policies and coverage levels
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Private Equity
Corporate Finance
Real Estate Development
Infrastructure
Energy
Manufacturing
Technology
Healthcare
Education
Agriculture
Retail
Construction
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Development
Investment
Credit
Commercial
Executive Leadership
Company Secretariat
Business Development
Corporate Finance
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Corporate Lawyer
Legal Counsel
Investment Manager
Risk Manager
Compliance Officer
Commercial Director
Business Development Manager
Credit Manager
Account Manager
Fund Manager
Managing Director
CEO
Company Secretary
Finance Manager
Corporate Finance Manager
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