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Finance Contract
"I need a Finance Contract for a NZD 5 million business expansion loan to be provided by ABC Bank Limited to my technology company, with quarterly repayments over 5 years starting March 2025, secured by company assets and including standard financial covenants."
1. Parties: Identification of all parties to the contract, including full legal names, addresses, and registration numbers where applicable
2. Background: Context of the financing arrangement, purpose of the facility, and any relevant historical information
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules for interpretation
4. Facility Details: Key terms of the facility including amount, purpose, availability period, and drawdown conditions
5. Interest and Fees: Interest rate calculations, fee structures, and payment terms
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
7. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
8. Representations and Warranties: Standard declarations made by the borrower about their legal and financial status
9. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Security: Details of any security arrangements and enforcement rights
12. General Provisions: Standard contract clauses including notices, amendments, governing law, and dispute resolution
1. Guarantees: Required when third-party guarantees are part of the security structure
2. Insurance Requirements: Included when specific insurance coverage is required for secured assets
3. Special Purpose Vehicle Provisions: Required when the borrower is an SPV with specific structural requirements
4. Syndication Provisions: Included for facilities that may be syndicated to multiple lenders
5. Cross-Default Provisions: Added when the facility needs to be linked to other financial arrangements
6. Regulatory Compliance: Specific sections addressing compliance with particular regulatory requirements
7. Tax Provisions: Detailed tax clauses when specific tax arrangements or implications need to be addressed
8. Foreign Currency Provisions: Required when the facility involves multiple currencies
1. Facility Terms Schedule: Detailed breakdown of facility amounts, interest rates, fees, and payment dates
2. Security Details: Comprehensive list and description of all security assets and arrangements
3. Conditions Precedent Checklist: List of all required documents and conditions to be satisfied
4. Financial Covenants Schedule: Detailed financial covenants including calculations and reporting requirements
5. Form of Drawdown Notice: Template for borrower to request drawings under the facility
6. Repayment Schedule: Detailed amortization schedule if applicable
7. Permitted Security Interests: List of security interests that are permitted under the agreement
8. Form of Compliance Certificate: Template for periodic compliance reporting
Authors
Affiliate
Applicable Rate
Availability Period
Base Rate
Business Day
Change of Control
Commitment
Compliance Certificate
Conditions Precedent
Default
Default Rate
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Amount
Facility Documents
Final Maturity Date
Finance Documents
Financial Indebtedness
Financial Statements
Financial Year
GST
Guarantee
Interest Payment Date
Interest Period
Interest Rate
Law
Legal Requirements
Lender
Material Adverse Effect
Obligor
Outstanding Amount
Permitted Security Interest
Potential Event of Default
Prepayment
Principal Outstanding
Secured Property
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Transaction Documents
Utilisation
Utilisation Date
Working Day
Definitions
Facility Terms
Interest and Fees
Repayment
Security
Representations and Warranties
Conditions Precedent
Conditions Subsequent
Covenants
Financial Covenants
Information Undertakings
Events of Default
Acceleration
Payment Mechanics
Set-off
Tax Gross-up
Increased Costs
Assignment and Transfer
Changes to Parties
Confidentiality
Privacy
Anti-Money Laundering
Force Majeure
Notices
Calculations
Amendments
Waivers
Severability
Counterparts
Electronic Execution
Governing Law
Jurisdiction
Dispute Resolution
Indemnities
Currency
GST and Tax
Costs and Expenses
Guarantee
Security Enforcement
Priority and Subordination
Banking and Financial Services
Real Estate and Property
Manufacturing
Retail and Consumer
Agriculture and Primary Industries
Technology and Software
Construction and Infrastructure
Healthcare and Medical
Education
Transport and Logistics
Professional Services
Energy and Utilities
Legal
Finance
Treasury
Risk Management
Compliance
Credit Analysis
Corporate Banking
Operations
Business Development
Company Secretariat
Internal Audit
Corporate Advisory
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Risk Manager
Compliance Officer
Treasury Manager
Commercial Director
Banking Relationship Manager
Loan Officer
Financial Controller
Company Secretary
Business Development Manager
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