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Subordinate Loan Agreement for New Zealand

Subordinate Loan Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions of a subordinated loan facility. The agreement details the lending arrangement where the lender's claims are contractually subordinated to those of senior creditors, including specific provisions for interest payments, repayment terms, and enforcement rights. It incorporates New Zealand-specific legal requirements under the Financial Markets Conduct Act 2013 and other relevant legislation, while establishing clear mechanisms for subordination and defining the circumstances under which payments can be made to the subordinated lender.

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What is a Subordinate Loan Agreement?

The Subordinate Loan Agreement is a specialized financing document used when a borrower requires additional funding that will be subordinated to existing or future senior debt obligations. This agreement is particularly relevant in New Zealand's financial market context, where companies often seek to diversify their funding sources while maintaining flexibility with senior lenders. It contains specific provisions required under New Zealand law, including compliance with the Financial Markets Conduct Act 2013 and Companies Act 1993. The document establishes the mechanism for subordination, defines payment conditions, and includes appropriate representations and warranties for New Zealand corporate entities. It's commonly used in corporate refinancing, growth capital scenarios, or as part of larger financing structures where senior lender protection is paramount.

What sections should be included in a Subordinate Loan Agreement?

1. Parties: Identifies and defines the Lender, Borrower, and any other relevant parties to the agreement

2. Background: Sets out the context of the loan and its subordinated nature

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. The Loan: Details the loan amount, purpose, and drawdown conditions

5. Subordination: Establishes the subordinated nature of the loan and its ranking relative to senior debt

6. Interest: Specifies interest rate, calculation method, and payment terms

7. Repayment: Details repayment terms, including any restrictions due to subordination

8. Representations and Warranties: Standard representations and warranties from the Borrower

9. Undertakings: General and financial covenants of the Borrower

10. Events of Default: Defines circumstances constituting default, modified to reflect subordinated nature

11. Consequences of Default: Actions available to the Lender upon default, subject to subordination

12. Payments: Payment mechanics, timing, and currency

13. Assignment and Transfer: Rules regarding transfer of rights and obligations

14. Notices: Communication requirements and contact details

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.

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

1. Security: Include if the subordinated loan is secured by any assets

2. Conditions Precedent: Include if there are specific conditions to be met before drawdown

3. Tax Gross-up and Indemnities: Include for cross-border loans or where tax implications are significant

4. Senior Creditor Rights: Include if specific rights of senior creditors need to be documented in detail

5. Conversion Rights: Include if the loan can be converted to equity

6. Intercreditor Provisions: Include if relationship with other creditors needs to be documented in detail

7. Financial Covenants: Include if specific financial metrics need to be maintained

8. Information Undertakings: Include if specific reporting requirements are needed

What schedules should be included in a Subordinate Loan Agreement?

1. Form of Drawdown Notice: Template for requesting loan disbursement

2. Repayment Schedule: Detailed schedule of repayment dates and amounts

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

4. Conditions Precedent Documents: List of required documents for loan effectiveness

5. Existing Senior Indebtedness: Details of senior debt to which this loan is subordinated

6. Security Details: Description of any security provided (if applicable)

7. Permitted Payments: Schedule of payments permitted under subordination arrangements

8. Form of Assignment Agreement: Template for transferring rights under the agreement

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 and Financial Services

Investment Management

Real Estate

Infrastructure

Manufacturing

Technology

Mining and Resources

Healthcare

Retail

Professional Services

Relevant Teams

Legal

Finance

Treasury

Corporate Development

Risk Management

Compliance

Credit

Investment

Corporate Banking

Strategy

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Investment Manager

Credit Risk Manager

Financial Controller

Debt Fund Manager

Corporate Banking Manager

Relationship Manager

Compliance Officer

Company Secretary

Senior Finance Manager

Investment Analyst

Industries










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