The Loan Agreement With Interest is a fundamental financial instrument used in New Zealand to formalize lending arrangements between parties. This document is essential when any form of lending occurs with interest charges, whether in commercial, consumer, or specialized lending contexts. It must comply with New Zealand's robust regulatory framework, particularly the Credit Contracts and Consumer Finance Act 2003, Fair Trading Act 1986, and related financial services legislation. The agreement typically includes comprehensive details about the loan amount, interest calculation methodology, repayment schedule, security arrangements (if applicable), and the rights and obligations of all parties. It's designed to protect both lender and borrower interests while ensuring transparency and statutory compliance in financial transactions.
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1. Parties: Identifies and defines the Lender and Borrower with full legal names and addresses
2. Background: Sets out the context of the loan agreement and the parties' intention to enter into the lending arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Amount and Purpose: Specifies the principal amount being lent and the approved purpose of the loan
5. Interest Rate and Calculations: Details the applicable interest rate(s), calculation method, and frequency of interest charges
6. Repayment Terms: Specifies repayment schedule, payment amounts, frequency, and method of payment
7. Fees and Charges: Lists all applicable fees, charges, and costs associated with the loan
8. Conditions Precedent: Lists conditions that must be satisfied before the loan is advanced
9. Representations and Warranties: Sets out the Borrower's confirmations regarding their financial status and capacity to borrow
10. Borrower Covenants: Details ongoing obligations and restrictions on the Borrower during the loan term
11. Events of Default: Defines circumstances constituting default and consequences thereof
12. General Provisions: Contains standard contract clauses including notices, amendments, governing law, and dispute resolution
1. Security: Required if the loan is secured against assets, detailing the security arrangement and enforcement rights
2. Guarantee: Include when a guarantor is providing additional security for the loan
3. Insurance Requirements: Required when specific insurance must be maintained over secured assets or the Borrower's life
4. Early Repayment: Include if early repayment is permitted and any associated fees or calculations
5. Draw Down Procedures: Required for loans with multiple drawdown facilities or staged payments
6. Special Conditions: Include when there are borrower-specific conditions or unique terms
7. Cross-Default: Include when default under other agreements triggers default under this loan
8. Assignment and Transfer: Include if either party may assign their rights under the agreement
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Fee Schedule: Comprehensive list of all fees and charges applicable to the loan
3. Security Details: Detailed description of any security assets and their valuation
4. Disclosure Statement: Statutory disclosure information required under CCCFA
5. Direct Debit Authority: Form for setting up automatic payments
6. Guarantor Details: Information about guarantors and their obligations if applicable
7. Insurance Requirements: Detailed specifications of required insurance coverage
8. Conditions Precedent Documents: List of required documents and evidence to be provided before drawdown
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Real Estate
Commercial Lending
Consumer Finance
Small Business
Corporate Finance
Agricultural Finance
Industrial Finance
Property Development
Retail
Relevant Teams
Legal
Finance
Compliance
Risk Management
Credit Assessment
Commercial Lending
Retail Banking
Treasury
Collections
Business Development
Contract Administration
Relevant Roles
Legal Counsel
Finance Manager
Credit Manager
Compliance Officer
Risk Manager
Commercial Manager
Lending Officer
Credit Analyst
Financial Controller
Account Manager
Business Development Manager
Treasury Manager
Collections Manager
Contract Administrator
Chief Financial Officer
Legal Director
Relationship Manager
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