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Unsecured Loan Note Template for New Zealand

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Key Requirements PROMPT example:

Unsecured Loan Note

"I need an Unsecured Loan Note for a $500,000 business loan between my technology startup company as borrower and a private investor as lender, with quarterly interest payments and final repayment due in March 2025."

Document background
The Unsecured Loan Note is commonly used in New Zealand for documenting lending arrangements where no specific security is taken over the borrower's assets. This document is particularly useful for business financing, inter-company loans, or investment structures where formal security arrangements are not required or practical. The note complies with New Zealand's financial markets regulations and contract law, incorporating essential provisions for loan amount, interest, repayment terms, and enforcement mechanisms. It's typically used when parties seek a more streamlined approach compared to secured lending arrangements, while still maintaining robust legal protection for the lender's interests. The document includes necessary provisions to ensure compliance with New Zealand tax laws regarding interest payments and any applicable withholding tax obligations.
Suggested Sections

1. Parties: Identifies the lender and borrower with their full legal names and addresses

2. Background: Sets out the context of the loan arrangement and the parties' intention to enter into this agreement

3. Definitions: Defines key terms used throughout the document for clarity and consistency

4. Loan Amount and Drawdown: Specifies the principal amount of the loan and the conditions for its advancement

5. Interest: Details the interest rate, calculation method, and payment frequency

6. Repayment Terms: Specifies the repayment schedule, payment methods, and any early repayment provisions

7. Representations and Warranties: Standard declarations by the borrower about their legal capacity and financial condition

8. Events of Default: Lists circumstances that constitute default and the consequences thereof

9. Notices: Specifies how formal communications between parties should be made

10. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments

Optional Sections

1. Transferability: Include when the note may be transferred or assigned to other parties

2. Financial Covenants: Include when specific financial ratios or conditions need to be maintained by the borrower

3. Security Interest Negative Pledge: Include when the borrower should be restricted from creating security interests over their assets

4. Information Covenants: Include when regular financial or other information needs to be provided to the lender

5. Tax Gross-Up: Include when payments should be made free of any tax deductions

6. Change of Control: Include when changes in the borrower's ownership structure should trigger certain rights

7. Subordination: Include when the loan needs to be subordinated to other debt

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Interest Calculation Methodology: Detailed explanation of interest calculations and worked examples

3. Form of Drawdown Notice: Standard form for requesting advancement of the loan

4. Form of Transfer Certificate: Standard form for transferring the note if transferability is permitted

5. Conditions Precedent: List of documents and conditions required before the loan can be drawn

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










































Clauses






























Relevant Industries

Financial Services

Banking

Investment Management

Real Estate

Technology

Manufacturing

Retail

Professional Services

Agriculture

Infrastructure

Energy

Healthcare

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit

Investment

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Investment Manager

Corporate Lawyer

Legal Counsel

Finance Manager

Credit Manager

Risk Manager

Company Secretary

Commercial Director

Business Development Manager

Financial Controller

Compliance Officer

Portfolio Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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