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Debenture Loan Agreement

Debenture Loan Agreement Template for New Zealand

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Key Requirements PROMPT example:

Debenture Loan Agreement

"I need a Debenture Loan Agreement for a NZD 5 million facility to a manufacturing company, with quarterly financial covenants and specific security over plant and machinery, where the facility needs to be available by March 2025."

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Document background
The Debenture Loan Agreement is a crucial financing document used in New Zealand when a lender provides funding to a borrower in exchange for security over the borrower's assets. This document is typically employed in commercial lending scenarios where comprehensive security arrangements are required to protect the lender's interests. The agreement must comply with New Zealand's regulatory framework, including the Financial Markets Conduct Act 2013, Companies Act 1993, and Personal Property Securities Act 1999. It combines elements of both a loan agreement and a security document, detailing the lending terms while creating enforceable security interests over the borrower's assets. The document is essential for businesses seeking secured financing and provides lenders with clear rights and remedies in case of default.
Suggested Sections

1. Parties: Identifies and defines the lender and borrower, including full legal names and addresses

2. Background: Sets out the context of the agreement, including the purpose of the loan and security arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

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

5. Interest and Fees: Specifies interest rate, calculation method, payment dates, and any applicable fees

6. Repayment Terms: Outlines repayment schedule, prepayment provisions, and payment mechanics

7. Security: Describes the nature and scope of the security interest being granted

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

9. Undertakings: Positive and negative obligations of the borrower during the loan term

10. Events of Default: Lists circumstances that constitute default and their consequences

11. Enforcement: Sets out the lender's rights and remedies upon default

12. Costs and Indemnities: Allocates transaction costs and establishes indemnification obligations

13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Guarantee: Required when there are third-party guarantors securing the borrower's obligations

2. Insurance: Detailed insurance requirements when specific insurance coverage is required for secured assets

3. Financial Covenants: Include when specific financial ratios or requirements must be maintained

4. Security Trustee Provisions: Required in syndicated facilities or when security is held by a trustee

5. Subordination Provisions: Include when there are multiple creditors requiring priority arrangements

6. Change of Control: Include when restrictions on ownership changes are required

7. Assignment and Transfer: Detailed provisions when parties need specific rights to transfer their interests

Suggested Schedules

1. Secured Property Schedule: Detailed list and description of all assets subject to the security interest

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

3. Drawdown Requirements: Specific conditions and documentation required for loan drawdown

4. Fee Schedule: Detailed breakdown of all applicable fees and charges

5. Form of Drawdown Notice: Template for borrower to request loan disbursements

6. Financial Covenants Schedule: Detailed calculations and thresholds for financial covenants

7. Permitted Security Interests: List of pre-approved security interests that may exist over secured assets

8. Form of Compliance Certificate: Template for periodic compliance reporting by borrower

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions















































Clauses




































Relevant Industries

Banking & Financial Services

Commercial Real Estate

Manufacturing

Retail

Technology

Agriculture

Construction

Mining & Resources

Healthcare

Transport & Logistics

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Commercial Lending

Security Administration

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Commercial Banking Manager

Credit Risk Manager

Relationship Manager

Treasury Manager

Company Secretary

Financial Controller

Compliance Officer

Security Trustee

Commercial Director

Risk Manager

Industries








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