Floor Plan Financing Agreement Template for New Zealand

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Key Requirements PROMPT example:

Floor Plan Financing Agreement

"I need a Floor Plan Financing Agreement for my expanding automotive dealership in Auckland, with a facility limit of NZD 5 million and the ability to add two new locations starting March 2025."

Document background
The Floor Plan Financing Agreement is a specialized financing document used when dealers require funding to purchase and maintain their inventory. This agreement type is particularly suited for businesses in New Zealand that need to finance their stock, such as vehicle dealerships, equipment retailers, or appliance stores. The document establishes a revolving credit facility secured by the financed inventory, incorporating specific provisions required under New Zealand law, including compliance with the Personal Property Securities Act 1999 and relevant financial services regulations. It details the lending terms, security arrangements, operational procedures, reporting requirements, and the rights and obligations of both the financial institution and the dealer. The agreement is structured to provide flexibility in inventory management while protecting the lender's security interest in the financed goods.
Suggested Sections

1. Parties: Identifies the lender and the dealer entering into the agreement

2. Background: Sets out the context of the agreement, including the dealer's business and financing needs

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Facility and Purpose: Details the credit facility, its purpose, and limitations on use

5. Conditions Precedent: Specifies conditions that must be met before the facility becomes available

6. Security Arrangements: Outlines the security interests granted over the financed inventory

7. Funding Mechanics: Details the processes for requesting and receiving funding

8. Interest and Fees: Specifies interest rates, calculation methods, and applicable fees

9. Repayment Terms: Sets out repayment obligations and timing

10. Dealer Covenants: Lists ongoing obligations and restrictions on the dealer

11. Representations and Warranties: Contains statements of fact and assurances from the dealer

12. Reporting Requirements: Specifies financial and inventory reporting obligations

13. Events of Default: Lists circumstances constituting default and consequences

14. Enforcement Rights: Details lender's rights and remedies upon default

15. General Provisions: Contains standard contract clauses including notices, amendments, and governing law

Optional Sections

1. Guarantees: Required when personal or corporate guarantees are part of the security package

2. Insurance Requirements: Detailed insurance obligations when specific coverage types are required

3. Multi-Location Provisions: Include when dealer operates from multiple locations

4. Cross-Default Provisions: Include when dealer has other financing arrangements with the lender

5. Floor Plan Audits: Detailed audit rights and procedures when regular audits are required

6. Electronic Trading Platform: Include when financing is linked to an electronic inventory management system

7. International Trade Provisions: Required when inventory includes imported goods

8. Subordination Arrangements: Include when there are multiple lenders requiring priority arrangements

Suggested Schedules

1. Facility Limits and Pricing Schedule: Details of credit limits, interest rates, and fee structures

2. Approved Inventory Schedule: List of inventory types/categories eligible for financing

3. Security Details: Specific details of security interests and PPSR registrations

4. Compliance Certificate: Template for periodic compliance certification

5. Inventory Reporting Template: Standard format for inventory reports

6. Operating Locations: List of approved dealer locations

7. Account Management Procedures: Detailed operational procedures for managing the facility

8. Form of Funding Request: Template for submitting funding requests

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
Relevant Industries

Automotive

Recreational Vehicles

Marine

Agricultural Equipment

Construction Equipment

Electronics and Appliances

Industrial Equipment

Manufacturing

Wholesale Distribution

Retail

Relevant Teams

Legal

Finance

Credit Risk

Operations

Treasury

Compliance

Commercial Lending

Account Management

Security Administration

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Commercial Lending Officer

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Dealer Principal

Inventory Manager

Account Manager

Financial Controller

Business Development Manager

Security Trustee Officer

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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