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Loan Master Agreement for New Zealand

Loan Master Agreement Template for New Zealand

A comprehensive framework agreement governed by New Zealand law that establishes the terms and conditions for lending facilities between a financial institution and a borrower. This agreement serves as the master document for all subsequent loans, setting out the fundamental provisions for drawdowns, repayments, interest calculations, security arrangements, and ongoing obligations. It incorporates key requirements under New Zealand's Credit Contracts and Consumer Finance Act 2003 and Financial Markets Conduct Act 2013, providing a robust structure for managing the lending relationship while ensuring regulatory compliance.

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What is a Loan Master Agreement?

The Loan Master Agreement serves as the foundational document for establishing and managing lending relationships in New Zealand. This agreement is typically used when parties anticipate an ongoing lending relationship with multiple drawdowns or facilities over time, providing a standardized framework that reduces the need to negotiate terms for each individual loan. The document comprehensively addresses all aspects of the lending relationship, including facility terms, conditions precedent, utilization mechanics, security arrangements, and regulatory compliance requirements under New Zealand law. It is particularly valuable for corporate borrowing arrangements where flexibility is required for future funding needs while maintaining consistent terms and conditions.

What sections should be included in a Loan Master Agreement?

1. Parties: Identification of the lender and borrower, including full legal names and addresses

2. Background: Context of the agreement and general purpose of the lending relationship

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

4. Facility: Core terms of the lending facility, including type, purpose, and overall limit

5. Conditions Precedent: Prerequisites that must be satisfied before any utilization of the facility

6. Utilisation: Process and requirements for drawing down funds under the facility

7. Interest: Interest calculation, rates, periods, and payment provisions

8. Repayment: Terms for repayment of principal and interest, including scheduling and prepayment

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Ongoing obligations of the borrower, including financial covenants and information requirements

11. Events of Default: Circumstances constituting default and consequences

12. Security: Overview of security arrangements and enforcement rights

13. Costs and Expenses: Allocation of costs, fees, and expenses

14. Changes to Parties: Rules for assignment, transfer, and succession

15. Administration: Operational aspects including notices, calculations, and payments

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

What sections are optional to include in a Loan Master Agreement?

1. Multi-currency Provisions: Required when the facility allows for drawings in multiple currencies

2. Syndication Provisions: Required for syndicated facilities involving multiple lenders

3. Increased Costs and Market Disruption: Additional provisions for managing market disruption events and regulatory changes

4. Tax Gross-up and Indemnities: Detailed tax provisions required for cross-border lending or specific tax circumstances

5. Guarantee and Indemnity: Required when there are guarantors supporting the borrower's obligations

6. Subordination: Required when there are multiple creditors and intercreditor arrangements

7. Set-off Rights: Detailed set-off provisions for complex banking relationships

8. Anti-Money Laundering Provisions: Enhanced AML provisions for high-risk lending situations

What schedules should be included in a Loan Master Agreement?

1. Facility Particulars: Detailed terms of the facility including limits, pricing, and specific conditions

2. Form of Utilisation Request: Standard form for requesting drawdowns under the facility

3. Forms of Compliance Certificate: Ƶ for periodic compliance reporting

4. Conditions Precedent Documents: List of required documentation and conditions

5. Financial Covenants: Detailed financial covenant calculations and requirements

6. Form of Transfer Certificate: Standard documentation for transfers of lending commitments

7. Security Schedule: Details of all security arrangements and secured assets

8. Permitted Security Interests: List of security interests allowed under the agreement

9. Authorized Signatories: List of persons authorized to act on behalf of the borrower

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions













































Clauses





































Relevant Industries

Banking & Financial Services

Real Estate & Property

Infrastructure & Construction

Manufacturing & Industrial

Retail & Consumer Goods

Technology & Communications

Energy & Resources

Healthcare & Life Sciences

Agriculture & Primary Industries

Transport & Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Banking

Transaction Management

Security Administration

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Risk Manager

Compliance Officer

Credit Manager

Relationship Manager

Transaction Manager

Security Trustee

Facility Agent

Financial Controller

Company Secretary

Banking Executive

Credit Analyst

Portfolio Manager

Industries








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