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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."
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
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
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
Advance Rate
Approved Inventory
Approved Location
Availability Period
Business Day
Collateral
Compliance Certificate
Credit Limit
Default Interest Rate
Default Rate
Eligible Inventory
Event of Default
Facility
Facility Limit
Financial Indebtedness
Financial Statements
Floor Plan Advance
Floor Plan Audit
Funding Date
Funding Request
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Inventory
Inventory Report
Material Adverse Effect
New Unit
Outstanding Amount
Permitted Encumbrance
PPSA
PPSR
Principal
Related Company
Repayment Date
Security
Security Interest
Security Provider
Subsidiary
Term
Transaction Documents
Trust Account
Used Unit
Verification Statement
Facility Terms
Security Interest
Conditions Precedent
Drawdown
Interest
Fees
Repayment
Security
Registration
Representations and Warranties
Undertakings
Covenants
Reporting
Default
Enforcement
Indemnity
Assignment
Confidentiality
Force Majeure
Notices
Amendment
Waiver
Severability
Counterparts
Set-off
Further Assurance
Entire Agreement
Governing Law
Dispute Resolution
Power of Attorney
Insurance
Costs
GST
Trustee Provisions
Guarantee
Automotive
Recreational Vehicles
Marine
Agricultural Equipment
Construction Equipment
Electronics and Appliances
Industrial Equipment
Manufacturing
Wholesale Distribution
Retail
Legal
Finance
Credit Risk
Operations
Treasury
Compliance
Commercial Lending
Account Management
Security Administration
Business Development
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
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