Secured Loan Note Template for New Zealand

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Key Requirements PROMPT example:

Secured Loan Note

"I need a Secured Loan Note for a NZD 5 million business loan to be advanced by March 2025, secured against manufacturing equipment and inventory, with quarterly interest payments and a 3-year term."

Document background
The Secured Loan Note is a crucial financing instrument used in New Zealand when a lender provides funding to a borrower against specific security. This document is particularly relevant when businesses or individuals require substantial financing and can offer assets as security, ensuring the lender has recourse to specific assets in case of default. The Secured Loan Note includes comprehensive details about the loan facility, security arrangements, and compliance requirements under New Zealand law, particularly the Personal Property Securities Act 1999. It's commonly used in commercial lending, property financing, and business expansion scenarios where secured funding is required. The document typically includes schedules detailing the loan terms, security package, and financial covenants, making it suitable for complex financing arrangements that require robust documentation and security protection.
Suggested Sections

1. Parties: Identification of the Lender and Borrower with full legal names and addresses

2. Background: Context of the loan arrangement and purpose of the facility

3. Definitions and Interpretation: Key terms used throughout the document and rules of interpretation

4. Loan Amount and Purpose: Specification of the loan amount, drawdown conditions, and permitted purpose

5. Interest: Interest rate, calculation method, and payment frequency

6. Repayment Terms: Repayment schedule, method of payment, and prepayment provisions

7. Security: Description of security provided, charging provisions, and PPSA requirements

8. Representations and Warranties: Borrower's confirmations regarding their status, capacity, and financial condition

9. Covenants: Ongoing obligations of the Borrower including financial covenants and reporting requirements

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Lender's rights and remedies upon default

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

Optional Sections

1. Guarantees: Required when there are third-party guarantors securing the loan

2. Special Conditions: For any unique terms specific to the particular loan arrangement

3. Security Trustee Provisions: Required when there are multiple lenders and a security trustee structure

4. Subordination Provisions: Needed when there are multiple creditors requiring priority arrangements

5. Assignment and Transfer: Detailed provisions for transferability of the note, if it's intended to be transferable

6. Tax Provisions: Extended tax clauses when complex tax implications exist

7. Information Undertakings: Additional reporting requirements for complex commercial loans

Suggested Schedules

1. Loan Terms Schedule: Detailed commercial terms including loan amount, interest rate, and payment dates

2. Secured Property Schedule: Detailed description of all assets provided as security

3. Repayment Schedule: Detailed amortization table or repayment structure

4. Form of Drawdown Notice: Template for requesting drawdown of the loan

5. Financial Covenants Schedule: Detailed financial ratios and calculations if applicable

6. Conditions Precedent: List of required documents and conditions before drawdown

7. Permitted Security Interests: List of security interests allowed to exist over the secured property

8. Form of Compliance Certificate: Template for periodic compliance certification by the Borrower

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 & Financial Services

Real Estate

Manufacturing

Agriculture

Retail

Technology

Infrastructure

Mining

Healthcare

Construction

Transportation & Logistics

Energy

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit

Corporate Finance

Commercial

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Finance Manager

Treasury Manager

Credit Manager

Risk Manager

Compliance Officer

Company Secretary

Commercial Director

Investment Manager

Loan Officer

Security Trustee

Corporate Banking Manager

Financial Controller

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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