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Loan Transfer Agreement
"I need a Loan Transfer Agreement under New Zealand law for transferring a secured commercial property loan portfolio from ABC Bank to XYZ Investment Fund, with the original borrower's consent required and Security Trustee provisions included."
1. Parties: Identifies the transferor (existing lender), transferee (new lender), and any other relevant parties such as security trustee or borrower if they are party to the agreement
2. Background: Describes the existing loan agreement, the intent to transfer, and any relevant context
3. Definitions: Defines key terms used in the agreement, including references to the original loan agreement and related documents
4. Transfer: Core provision documenting the transfer of rights and obligations from transferor to transferee
5. Transfer Price: Specifies the consideration for the transfer and payment mechanisms
6. Completion: Details the completion process, timing, and deliverables required for the transfer to take effect
7. Representations and Warranties: Standard representations from both transferor and transferee regarding capacity, authority, and loan status
8. Notices: Specifies how and where notices under the agreement should be delivered
9. Governing Law and Jurisdiction: Confirms New Zealand law as governing law and jurisdiction for disputes
10. Execution: Signature blocks for all parties
1. Security Transfer: Required if the loan is secured and security interests need to be transferred
2. Consent: Required if borrower or other party consent is needed for the transfer
3. Tax Provisions: Include if there are specific tax implications or requirements for the transfer
4. Confidentiality: Include if not covered in the original loan agreement or if additional provisions are needed
5. Further Assurance: Optional clause requiring parties to take additional steps if needed to perfect the transfer
6. CCCFA Compliance: Required if the loan is a consumer credit contract under the CCCFA
7. Privacy and Data Protection: Include if transfer involves significant personal data transfer
1. Schedule 1 - Loan Details: Details of the loan being transferred, including facility amount, outstanding balance, and key terms
2. Schedule 2 - Transfer Documents: List of all documents to be delivered on completion
3. Schedule 3 - Existing Security: Details of any security interests being transferred
4. Schedule 4 - Form of Transfer Notices: Template notices to borrower and other relevant parties regarding the transfer
5. Schedule 5 - Completion Checklist: Detailed list of actions required to complete the transfer
6. Appendix A - Original Loan Agreement: Copy of the loan agreement being transferred
7. Appendix B - Security Documents: Copies of relevant security documents if applicable
Authors
Banking
Financial Services
Investment Management
Real Estate
Commercial Lending
Asset Management
Private Equity
Insurance
Corporate Finance
Debt Capital Markets
Legal
Finance
Credit
Risk Management
Compliance
Treasury
Operations
Portfolio Management
Transaction Management
Loan Administration
Documentation
Deal Management
Investment
Corporate Banking
Syndications
Legal Counsel
Finance Manager
Credit Manager
Loan Officer
Portfolio Manager
Compliance Officer
Risk Manager
Transaction Manager
Investment Director
Treasury Manager
Debt Administrator
Corporate Lawyer
Banking Executive
Financial Controller
Operations Manager
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