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The Creditor Agreement serves as a fundamental legal instrument in New Zealand's financial and commercial landscape, establishing the rights and obligations between parties in a lending relationship. This document is essential when any form of credit is extended, whether in commercial, industrial, or personal contexts. The agreement must comply with New Zealand's robust regulatory framework, including the Credit Contracts and Consumer Finance Act 2003, Fair Trading Act 1986, and Personal Property Securities Act 1999. It typically includes comprehensive details about the credit facility, security arrangements, covenants, events of default, and enforcement mechanisms. The document is particularly crucial for protecting the creditor's interests while ensuring fair and transparent terms for the debtor, reflecting New Zealand's balanced approach to creditor-debtor relationships.

1. Parties: Identification of the Creditor and Debtor, including full legal names, addresses, and registration numbers if companies

2. Background: Context of the credit arrangement, including purpose of the credit and any relevant history

3. Definitions: Defined terms used throughout the agreement, including financial terms, security-related definitions, and other key concepts

4. Loan Amount and Purpose: Specification of the credit amount, purpose, and any conditions precedent to drawdown

5. Interest and Fees: Details of interest rate(s), calculation method, fees, charges, and payment terms

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

7. Security: Description of any security provided, including type of security and asset details

8. Representations and Warranties: Statements of fact and assurances given by the Debtor

9. Covenants: Ongoing obligations of the Debtor, including financial covenants and reporting requirements

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement Rights: Creditor's rights and remedies upon default

12. General Provisions: Standard clauses including notices, amendments, assignment, governing law, and dispute resolution