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Project Finance Agreement
"I need a Project Finance Agreement under New Zealand law for a renewable energy project with multiple international lenders, total facility amount of NZD 500 million, incorporating specific provisions for environmental compliance and community engagement."
1. Parties: Identification of all parties to the agreement including lenders, borrowers, sponsors, and any guarantors
2. Background: Context of the project, purpose of the financing, and general structure of the transaction
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility
6. Drawdown Procedures: Process and requirements for requesting and making drawdowns
7. Interest and Fees: Interest calculation, payment dates, and all applicable fees
8. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments
9. Security: Details of security package and enforcement rights
10. Representations and Warranties: Standard and project-specific representations and warranties
11. Covenants: Financial and operational covenants, including information requirements
12. Project Undertakings: Specific undertakings related to project construction and operation
13. Events of Default: Circumstances constituting default and consequences
14. Assignments and Transfers: Provisions regarding transfer of rights and obligations
15. Administration: Administrative provisions including notices and calculations
16. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions
1. Intercreditor Provisions: Required when there are multiple lenders or classes of debt to establish priority and voting rights
2. Political Risk Insurance: Needed for projects in politically sensitive areas or with significant government involvement
3. Environmental and Social Requirements: Detailed provisions for projects with significant environmental or social impacts
4. Reserve Accounts: Required for projects needing specific reserve requirements beyond standard debt service
5. Step-in Rights: Needed when lenders require direct project control rights in certain circumstances
6. Export Credit Agency Provisions: Required when export credit agencies are involved in the financing
7. Currency and Hedging Requirements: Needed for projects with significant foreign exchange exposure
8. Government Support Provisions: Required when government guarantees or support agreements are part of the structure
1. Project Description: Detailed description of the project and technical specifications
2. Form of Drawdown Request: Standard form for requesting drawdowns under the facility
3. Repayment Schedule: Detailed amortization schedule for the facility
4. Form of Construction Reports: Template for required construction progress reports
5. Financial Model: Base case financial model and assumptions
6. Security Documents: Forms of all security documents and guarantees
7. Insurance Requirements: Detailed schedule of required insurance coverage
8. Permitted Investments: List of approved investments for project funds
9. Key Project Documents: List and copies of material project contracts
10. Form of Compliance Certificate: Template for periodic compliance reporting
11. Technical Standards: Required technical and performance standards for the project
12. Environmental and Social Action Plan: Detailed environmental and social compliance requirements
Authors
Account Bank
Additional Lender
Affiliate
Agreement
Applicable Law
Authorized Officer
Availability Period
Base Case Financial Model
Base Rate
Borrower
Break Costs
Business Day
Capital Expenditure
Change of Control
Commitment
Completion Date
Compliance Certificate
Construction Budget
Construction Contract
Construction Period
Construction Schedule
Default
Default Interest
Debt Service Coverage Ratio
Debt Service Reserve Account
Development Consent
Drawdown
Drawdown Date
Drawdown Notice
Effective Date
Environmental Law
Environmental Permit
Event of Default
Facility
Facility Agent
Facility Office
Fee Letter
Final Maturity Date
Finance Documents
Finance Parties
Financial Close
Financial Indebtedness
Financial Model
Financial Year
Force Majeure Event
Good Industry Practice
Government Agency
Guarantee
Hedging Agreement
Holding Company
Independent Engineer
Information Memorandum
Insurance Advisor
Insurance Proceeds
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Major Project Documents
Margin
Material Adverse Effect
NZ Dollars
Operating Budget
Operating Costs
Operating Period
Original Financial Statements
Permitted Security Interest
Project
Project Accounts
Project Assets
Project Company
Project Completion
Project Costs
Project Documents
Project Revenues
Project Site
Qualifying Bank
Quarter Date
Quotation Day
Reference Banks
Repayment Date
Repayment Schedule
Required Insurance
Reserve Accounts
Resource Consent
Security
Security Documents
Security Interest
Security Trustee
Shareholder
Subsidiary
Tax
Technical Advisor
Technical Description
Term
Transaction Documents
Transfer Certificate
Trust Deed
Utilisation
Utilisation Date
Utilisation Request
Conditions Precedent
Facility Terms
Purpose
Drawdown
Interest
Repayment
Prepayment
Cancellation
Security
Guarantee
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Project Undertakings
Environmental Compliance
Insurance
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Dispute Resolution
Force Majeure
Assignment
Severability
Indemnification
Cost and Expenses
Tax Provisions
Account Management
Reporting Requirements
Construction Provisions
Operation and Maintenance
Default Interest
Security Trustee Provisions
Intercreditor Provisions
Step-in Rights
Change of Control
Material Adverse Change
Compliance with Laws
Project Documents
Reserve Accounts
Infrastructure
Energy
Mining
Real Estate Development
Transportation
Renewable Energy
Healthcare
Telecommunications
Water and Waste Management
Industrial Development
Agriculture
Tourism
Legal
Finance
Treasury
Risk Management
Project Management
Commercial
Compliance
Environmental
Operations
Credit
Corporate Development
Technical Services
Chief Financial Officer
Project Finance Manager
Legal Counsel
Project Director
Risk Manager
Investment Banker
Financial Controller
Commercial Manager
Treasury Manager
Compliance Officer
Environmental Manager
Project Engineer
Construction Manager
Operations Director
Credit Risk Officer
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