The Loan With Collateral Agreement is a vital legal instrument used in New Zealand's lending landscape when a lender provides financing secured against specific assets of the borrower. This document is essential for transactions requiring robust security arrangements, whether in commercial or consumer contexts. It must comply with New Zealand's regulatory framework, particularly the Credit Contracts and Consumer Finance Act 2003 and Personal Property Securities Act 1999. The agreement typically includes detailed provisions about the loan terms, security arrangements, borrower obligations, and enforcement mechanisms. It's commonly used by financial institutions, private lenders, and businesses engaging in secured lending transactions, providing legal protection for the lender while ensuring clear terms for the borrower.
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1. Parties: Identifies and provides full details of the lender and borrower
2. Background: Sets out the context of the loan and the purpose for which it is being made
3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation principles
4. Loan Amount and Purpose: Specifies the loan amount, purpose, and any conditions precedent to drawdown
5. Interest and Repayment Terms: Details the interest rate, calculation method, repayment schedule, and payment terms
6. Security and Collateral: Describes the collateral being provided and creates the security interest
7. Borrower's Representations and Warranties: Sets out the borrower's confirmations regarding their situation and the collateral
8. Borrower's Obligations: Details ongoing obligations regarding the loan and collateral maintenance
9. Events of Default: Lists circumstances that constitute default and trigger enforcement rights
10. Enforcement Rights: Describes the lender's rights and remedies upon default
11. General Provisions: Contains standard boilerplate clauses including notices, amendments, governing law
1. Consumer Credit Provisions: Required when the borrower is a consumer, including CCCFA mandatory provisions
2. Guarantee: Required when there are third-party guarantors for the loan
3. Multiple Lenders: Required for syndicated loans or multiple lenders, addressing priority and administration
4. Insurance Requirements: Detailed insurance obligations when specific insurance is required for valuable collateral
5. Special Conditions: For any unique terms specific to the particular loan arrangement
6. Financial Covenants: Required for business loans with ongoing financial performance requirements
7. Real Property Provisions: Required when real estate is provided as collateral
1. Schedule 1: Loan Terms: Key financial terms including amount, interest rate, term, and payment schedule
2. Schedule 2: Collateral Description: Detailed description of all assets provided as collateral
3. Schedule 3: Repayment Schedule: Detailed amortization schedule showing payment dates and amounts
4. Schedule 4: Security Registration Details: PPSA registration details and requirements
5. Schedule 5: Conditions Precedent: List of conditions to be satisfied before loan drawdown
6. Appendix A: Direct Debit Authority: Form for setting up automatic payment arrangements
7. Appendix B: Guarantor Documents: Required guarantee and indemnity forms for guarantors
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Real Estate
Agriculture
Manufacturing
Retail
Construction
Technology
Professional Services
Transport and Logistics
Healthcare
Education
Hospitality
Mining and Resources
Relevant Teams
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Risk Management
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Credit Assessment
Commercial Operations
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Finance Manager
Credit Manager
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