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Secured Credit Agreement
"I need a Secured Credit Agreement for a NZD 2 million business loan to a manufacturing company, with machinery and equipment as security, including standard PPSA clauses and a personal guarantee from the company director."
1. Parties: Identification of the lender, borrower and any guarantors
2. Background: Context of the agreement and purpose of the loan
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Facility Details: Loan amount, purpose, availability and drawdown conditions
5. Interest and Fees: Interest rate, calculation method, fees and charges
6. Repayment Terms: Repayment schedule, prepayment provisions and payment methods
7. Security Provisions: Description of security interest, charging provisions and PPSA terms
8. Representations and Warranties: Borrower's declarations regarding their situation and capacity
9. Covenants: Ongoing obligations of the borrower including financial covenants
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement Rights: Lender's rights and remedies upon default
12. General Provisions: Standard clauses including notices, amendments, governing law
1. Guarantee Provisions: Required when third-party guarantors are involved in securing the loan
2. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required for secured assets
3. Special Conditions: Any transaction-specific conditions or requirements
4. Multiple Borrower Provisions: Required when there are multiple borrowers to address joint and several liability
5. Change of Control: Relevant for corporate borrowers to address ownership changes
6. Cross-Default Provisions: When the borrower has other facilities with the lender or other lenders
7. Syndication Provisions: Required when multiple lenders are involved or syndication is contemplated
1. Schedule 1 - Facility Details: Detailed terms of the facility including amounts, interest rates, and fees
2. Schedule 2 - Security Details: Detailed description of secured property and PPSA registration requirements
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before drawdown
4. Schedule 4 - Repayment Schedule: Detailed payment dates and amounts
5. Schedule 5 - Financial Covenants: Specific financial ratios and reporting requirements
6. Appendix A - Form of Drawdown Notice: Template for requesting loan disbursements
7. Appendix B - Compliance Certificate: Template for periodic compliance reporting
Authors
Banking & Financial Services
Real Estate
Manufacturing
Agriculture
Retail
Technology
Construction
Transportation & Logistics
Healthcare
Education
Professional Services
Mining & Resources
Legal
Finance
Compliance
Risk Management
Treasury
Credit Assessment
Commercial Operations
Corporate Advisory
Loan Administration
Security Administration
Chief Financial Officer
Finance Manager
Credit Manager
Legal Counsel
Compliance Officer
Risk Manager
Commercial Manager
Treasury Manager
Corporate Lawyer
Banking Lawyer
Loan Officer
Credit Analyst
Security Trustee
Relationship Manager
Financial Controller
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