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Business Credit Agreement Template for New Zealand

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Key Requirements PROMPT example:

Business Credit Agreement

"I need a Business Credit Agreement for a manufacturing company seeking a $2 million credit facility, secured against equipment and inventory, with quarterly financial reporting requirements and personal guarantees from two company directors."

Document background
The Business Credit Agreement serves as the primary document for establishing commercial credit arrangements between financial institutions and business entities in New Zealand. It is typically used when businesses require working capital, expansion funding, or asset financing. The agreement must comply with New Zealand's financial services regulations and commercial law framework, particularly the Credit Contracts and Consumer Finance Act 2003 and related legislation. This document outlines the credit facility details, borrower obligations, security arrangements, financial covenants, and enforcement mechanisms. It incorporates specific provisions required under New Zealand law while providing flexibility to accommodate various business needs and credit structures. The agreement is essential for protecting both lender and borrower interests while ensuring regulatory compliance in commercial lending relationships.
Suggested Sections

1. Parties: Identification of the credit provider and the business borrower, including full legal names, registration numbers, and addresses

2. Background: Context of the credit arrangement, relationship between parties, and purpose of the credit facility

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

4. Credit Facility: Details of the credit amount, type of facility, and terms of availability

5. Interest and Fees: Interest rate calculations, applicable fees, and payment terms

6. Drawdown Conditions: Prerequisites and conditions for accessing the credit facility

7. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions

8. Security Arrangements: Details of any security or collateral provided to secure the credit facility

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

10. Covenants: Ongoing obligations and restrictions on the borrower's activities

11. Events of Default: Circumstances constituting default and consequences thereof

12. Enforcement Rights: Lender's rights and remedies in case of default

13. General Provisions: Standard contract clauses including notices, amendments, governing law, and dispute resolution

Optional Sections

1. Guarantees: Required when personal or corporate guarantees are part of the credit arrangement

2. Insurance Requirements: Included when specific insurance coverage is required for the credit facility

3. Financial Covenants: Used for larger credit facilities requiring specific financial performance metrics

4. Review and Renewal: Included for facilities with periodic review or renewal provisions

5. Cross-Default Provisions: Required when the borrower has multiple credit facilities or related agreements

6. Syndication Provisions: Needed when multiple lenders are involved in the credit facility

7. Subordination Terms: Required when there are multiple creditors with different priority rankings

8. Change of Control: Important for borrowers where ownership structure is critical to the credit assessment

Suggested Schedules

1. Schedule 1 - Facility Details: Specific terms of the credit facility including limits, interest rates, and fees

2. Schedule 2 - Security Details: List and description of all security assets and their values

3. Schedule 3 - Drawdown Notice: Template form for requesting drawdowns under the facility

4. Schedule 4 - Compliance Certificate: Template for periodic confirmation of compliance with agreement terms

5. Schedule 5 - Financial Reporting Requirements: Details of required financial statements and reporting timeframes

6. Schedule 6 - Permitted Security Interests: List of pre-approved security interests that may exist over borrower assets

7. Appendix A - Calculation of Financial Covenants: Detailed methodology for calculating any financial covenants

8. Appendix B - Forms of Security Documents: Templates for security documentation required under the facility

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























































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Relevant Industries

Banking and Financial Services

Commercial Real Estate

Manufacturing

Retail

Agriculture

Technology

Construction

Professional Services

Healthcare

Hospitality

Transport and Logistics

Energy and Utilities

Mining and Resources

Education

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Treasury

Corporate Banking

Documentation

Risk Management

Commercial Lending

Business Development

Corporate Advisory

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Lending Manager

Credit Risk Manager

Corporate Lawyer

Legal Counsel

Treasury Manager

Financial Controller

Business Development Manager

Relationship Manager

Credit Analyst

Compliance Officer

Company Secretary

Managing Director

Risk Assessment Officer

Security Trustee Officer

Corporate Banking Manager

Documentation Specialist

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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