Credit Facilities Agreement Template for New Zealand

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Key Requirements PROMPT example:

Credit Facilities Agreement

"I need a Credit Facilities Agreement for a secured term loan of NZD 5 million to a manufacturing company, with quarterly repayments over 5 years and including personal guarantees from two company directors."

Document background
The Credit Facilities Agreement is a fundamental document in commercial lending transactions under New Zealand law, used when a lender agrees to provide financial accommodation to a borrower. This agreement is essential for both corporate and commercial lending arrangements, establishing the framework for the credit relationship including facility limits, drawdown mechanisms, security requirements, and ongoing obligations. It must comply with New Zealand's regulatory framework, including the Credit Contracts and Consumer Finance Act 2003, Financial Service Providers (Registration and Dispute Resolution) Act 2008, and relevant banking regulations. The document serves as the primary agreement governing the lending relationship, incorporating necessary protections for all parties while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any guarantors

2. Background: Context of the agreement and purpose of the facility

3. Definitions and Interpretation: Defined terms and interpretation rules used throughout the agreement

4. The Facility: Details of the credit facility including type, amount, purpose and availability

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawdown: Procedures and requirements for drawing down the facility

7. Interest and Fees: Interest calculation, payment terms, and applicable fees

8. Repayment and Prepayment: Terms for repayment, prepayment rights and conditions

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Undertakings: Positive and negative obligations of the borrower during the facility term

11. Events of Default: Circumstances constituting default and consequences

12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Security: Required when the facility is secured, detailing the security structure and enforcement rights

2. Guarantee: Required when there are guarantors, detailing guarantee obligations

3. Multiple Borrowers: Required for syndicated facilities or multiple borrower structures

4. Review and Cancellation: For facilities with periodic review rights or cancellation provisions

5. Market Disruption: For facilities with variable interest rates, addressing market disruption scenarios

6. Increased Costs and Tax Provisions: Detailed provisions for managing regulatory changes affecting costs

7. Assignment and Transfer: Required if the facility may be transferred or syndicated

8. Currency Provisions: Required for multi-currency facilities

Suggested Schedules

1. Facility Terms: Detailed commercial terms including facility limits, interest rates, and fees

2. Conditions Precedent Documents: List of required documents and conditions to be satisfied

3. Form of Drawdown Notice: Template for borrower to request drawdown of funds

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

5. Security Details: Description of security assets and perfection requirements

6. Compliance Certificate: Template for periodic financial compliance reporting

7. Financial Covenants: Detailed financial covenants and calculation methodologies

8. Permitted Security Interests: List of security interests permitted under the facility

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Banking and Financial Services

Corporate Finance

Real Estate and Property Development

Manufacturing

Retail

Agriculture

Infrastructure

Technology

Healthcare

Education

Construction

Mining and Resources

Transport and Logistics

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Commercial Lending

Risk Management

Corporate Finance

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Finance Manager

Credit Manager

Risk Manager

Relationship Manager

Commercial Director

Banking Officer

Compliance Officer

Financial Controller

Company Secretary

Credit Analyst

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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