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Debt Transfer Agreement
"I need a Debt Transfer Agreement for transferring a secured corporate loan of NZD 2.5 million from ABC Bank Limited to XYZ Investment Fund, with the transfer to be completed by March 15, 2025, and the existing property security arrangements to be maintained."
1. Parties: Identifies and defines the Transferor (current debt holder), Transferee (new debt holder), and the Debtor
2. Background: Describes the existing debt arrangement, the parties' intention to transfer the debt, and any relevant context
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Transfer of Debt: Core provision detailing the transfer of rights, obligations, and title to the debt
5. Consideration: Specifies the amount and payment terms for the debt transfer
6. Completion: Details the completion date and actions required to effect the transfer
7. Transferor's Warranties: Warranties regarding the debt's existence, enforceability, and the Transferor's right to transfer
8. Representations and Warranties: General representations and warranties from all parties
9. Notices: Specifies how formal notices under the agreement should be given and when they're deemed received
10. Confidentiality: Obligations regarding confidential information related to the debt and transfer
11. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and relevant jurisdiction for disputes
12. General Provisions: Standard boilerplate provisions including amendments, waivers, and severability
1. Security Transfer: Required if the debt is secured - details the transfer of associated security interests
2. Debtor's Consent: Include if the original debt agreement requires debtor's consent for transfer
3. Tax Provisions: Include detailed tax provisions if the transfer has significant tax implications
4. Further Assurance: Optional clause requiring parties to execute additional documents if needed
5. Assignment: Include if parties want to restrict or permit further assignment of rights
6. Costs and Expenses: Include if there's a specific agreement about who bears transfer costs
7. Guarantee: Include if there are existing guarantees that need to be addressed
8. Regulatory Compliance: Include if specific regulatory requirements apply to the debt transfer
1. Schedule 1 - Debt Details: Detailed description of the debt being transferred, including amount, interest rate, payment terms
2. Schedule 2 - Security Details: Details of any security interests associated with the debt
3. Schedule 3 - Completion Requirements: Checklist of documents and actions required for completion
4. Schedule 4 - Existing Debt Documentation: List of all relevant existing debt documents being transferred
5. Appendix A - Form of Transfer Notice: Template notice to be sent to the Debtor informing of the transfer
6. Appendix B - Form of Acknowledgment: Template acknowledgment form for the Debtor's signature if required
Authors
Financial Services
Banking
Investment Management
Insurance
Real Estate
Construction
Manufacturing
Professional Services
Healthcare
Retail
Technology
Telecommunications
Legal
Finance
Treasury
Credit Management
Risk Management
Compliance
Commercial
Investment
Portfolio Management
Accounts Receivable
Debt Collection
Corporate Finance
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Treasury Manager
Debt Collection Manager
Risk Manager
Commercial Director
Investment Manager
Portfolio Manager
Compliance Officer
Account Manager
Financial Controller
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