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Tri Party Loan Agreement
"I need a Tri Party Loan Agreement under New Zealand law for a property development project, where a major bank is lending NZD 15 million with a property fund acting as security trustee, to be executed by March 2025."
1. Parties: Identifies and defines all three parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the agreement, explaining why a tri-party structure is being used
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Amount and Purpose: Specifies the loan amount, currency, and permitted use of funds
5. Interest and Fees: Details the interest rate, calculation method, and any applicable fees
6. Drawdown Conditions: Specifies conditions precedent and the process for accessing the loan funds
7. Repayment Terms: Sets out the repayment schedule, methods, and prepayment provisions
8. Role and Obligations of Each Party: Clearly defines the specific roles, responsibilities, and obligations of each party
9. Security Arrangements: Details any security or guarantees provided for the loan
10. Representations and Warranties: Contains statements of fact and assurances from each party
11. Events of Default: Lists circumstances constituting default and consequences
12. Termination: Specifies how and when the agreement can be terminated
13. Notices: Sets out how formal communications between parties should be made
14. General Provisions: Includes standard boilerplate clauses such as governing law, dispute resolution, and amendments
1. Agent Provisions: Required when one party acts as an agent or facility agent for the transaction
2. Security Trustee Provisions: Needed when security is held by a trustee on behalf of other parties
3. Syndication Provisions: Included when the loan may be syndicated or transferred to other lenders
4. Intercreditor Provisions: Required when there are multiple creditors with different priorities
5. Tax Provisions: Detailed tax clauses needed for cross-border transactions or complex tax structures
6. Currency Conversion: Required for multi-currency facilities or international transactions
7. Assignment and Transfer: Detailed provisions for when rights or obligations may be transferred
8. Force Majeure: Included when specific external events might affect loan performance
1. Schedule 1 - Loan Terms: Detailed financial terms including loan amount, interest rates, and payment schedules
2. Schedule 2 - Conditions Precedent: List of documents and conditions required before drawdown
3. Schedule 3 - Drawdown Request Form: Template form for requesting loan disbursements
4. Schedule 4 - Repayment Schedule: Detailed amortization or repayment schedule
5. Schedule 5 - Security Details: Specific details of any security or collateral provided
6. Schedule 6 - Fee Schedule: Breakdown of all applicable fees and charges
7. Schedule 7 - Notice Details: Contact information and notice requirements for all parties
8. Appendix A - Compliance Certificates: Templates for ongoing compliance reporting
9. Appendix B - Financial Covenants: Detailed financial covenants and calculation methodologies
Authors
Financial Services
Banking
Real Estate
Construction
Infrastructure
Manufacturing
Mining
Agriculture
Commercial Property
Retail
Healthcare
Energy
Technology
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Commercial
Corporate Finance
Investment
Operations
Documents
Securities
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Risk Manager
Compliance Officer
Credit Manager
Commercial Director
Investment Manager
Portfolio Manager
Account Manager
Loan Officer
Security Trustee
Facility Agent
Transaction Manager
Financial Controller
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