The Partnership Loan Agreement is a crucial document used when one or more partners in a New Zealand partnership provide funding to other partners or to the partnership itself. This agreement is particularly relevant when partners need to inject additional capital, fund expansion, or address working capital requirements while maintaining the existing partnership structure. The document combines elements of standard loan agreements with specific partnership considerations under New Zealand law, including compliance with the Partnership Act 2019 and relevant financial regulations. It contains essential provisions for loan terms, repayment schedules, security arrangements, and partner obligations, while considering the unique dynamics of partnership relationships. The agreement is designed to protect both lending and borrowing partners' interests while maintaining partnership harmony and legal compliance.
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1. Parties: Identifies the lending partner(s) and borrowing partner(s), including their full legal names and addresses
2. Background: Explains the partnership context, purpose of the loan, and any relevant partnership history or circumstances
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Amount and Purpose: Specifies the loan amount, drawdown conditions, and permitted use of funds
5. Interest: Details the interest rate, calculation method, and payment frequency
6. Repayment Terms: Outlines repayment schedule, method of payment, and early repayment provisions
7. Representations and Warranties: States the fundamental assertions made by the borrowing partner about their situation and capacity
8. Partner Acknowledgments: Confirms understanding of how the loan affects partnership rights and obligations
9. Events of Default: Lists circumstances that constitute default and consequences
10. General Provisions: Contains standard clauses including notices, amendments, governing law, and dispute resolution
1. Security: Include when the loan is secured against specific partnership or personal assets
2. Guarantee: Required when other partners or third parties are guaranteeing the loan
3. Conditions Precedent: Include for complex loans where specific conditions must be met before drawdown
4. Partnership Distributions: Include when loan repayment affects or is affected by partnership distribution policies
5. Subordination: Required when this loan needs to be subordinated to other partnership debts
6. Insurance Requirements: Include when specific insurance must be maintained against secured assets
7. Financial Covenants: Include when ongoing financial requirements must be met by the borrowing partner
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Security Details: Description and valuation of any assets provided as security
3. Partnership Agreement Extract: Relevant sections of the partnership agreement affecting the loan
4. Financial Statements: Recent financial statements or projections supporting the loan
5. Drawdown Notice Form: Template for requesting loan disbursements if multiple drawdowns are permitted
6. Compliance Certificate: Template for periodic confirmation of compliance with loan terms
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Finance Director
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