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Term Loan Agreement
"I need a Term Loan Agreement for a NZD 5 million secured loan from ABC Bank Limited to my manufacturing company, with quarterly repayments over 5 years and including financial covenants appropriate for a medium-sized enterprise."
1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan arrangement and purpose
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. The Facility: Details of the loan amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before the loan is advanced
6. Drawdown: Process and requirements for drawing down the loan
7. Interest: Interest rate, calculation method, and payment terms
8. Repayment: Repayment schedule, amounts, and mechanisms
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Undertakings: Ongoing obligations of the borrower during the loan term
11. Events of Default: Circumstances that constitute default and consequences
12. Costs and Expenses: Allocation of costs and expenses related to the loan
13. Payments: Payment mechanics, timing, and processing
14. Assignment and Transfer: Rights and restrictions regarding transfer of rights under the agreement
15. Notices: How formal communications between parties should be made
16. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
17. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured against assets
2. Guarantees: Include when there are third-party guarantors
3. Insurance: Include when specific insurance requirements are imposed on the borrower
4. Financial Covenants: Include for corporate borrowers or when financial metrics need to be maintained
5. Increased Costs: Include for longer-term loans to address regulatory changes
6. Tax Gross-Up: Include when tax implications need to be addressed
7. Multi-currency Provisions: Include if the loan can be drawn in multiple currencies
8. Bank Accounts: Include when specific account arrangements are required
9. Syndication Provisions: Include for loans that may be syndicated
1. Schedule 1 - Loan Terms: Key commercial terms including amount, interest rate, and repayment schedule
2. Schedule 2 - Conditions Precedent: Detailed list of required documents and conditions
3. Schedule 3 - Drawdown Notice: Form of drawdown request
4. Schedule 4 - Calculation of Interest: Detailed interest calculation methodology
5. Schedule 5 - Repayment Schedule: Detailed amortization schedule if applicable
6. Schedule 6 - Security Details: Description of security assets and arrangements if applicable
7. Schedule 7 - Compliance Certificate: Form of periodic compliance certification
8. Appendix 1 - Form of Transfer Certificate: Standard form for transferring rights under the agreement
9. Appendix 2 - Form of Accession Deed: For additional parties joining the agreement if applicable
Authors
Accession Deed
Affiliate
Authorized Representative
Available Commitment
Available Facility
Banking Day
Borrower
Break Costs
Business Day
Commitment
Compliance Certificate
Conditions Precedent
Default
Default Interest
Default Interest Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Amount
Final Repayment Date
Finance Documents
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Permitted Security Interest
Potential Event of Default
Prepayment
Principal Outstanding
Repayment Date
Repayment Installment
Repayment Schedule
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Term
Transaction Documents
Transfer Certificate
Conditions Precedent
Facility
Purpose
Drawdown
Interest
Market Disruption
Repayment
Prepayment
Payments
Tax Gross-up
Increased Costs
Representations
Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Security
Guarantee
Set-off
Assignment and Transfer
Changes to Parties
Confidentiality
Data Protection
Notices
Calculations
Amendments
Severability
Counterparts
Enforcement
Governing Law
Jurisdiction
Service of Process
Waiver
Force Majeure
Entire Agreement
Third Party Rights
Banking
Financial Services
Real Estate
Manufacturing
Retail
Agriculture
Construction
Infrastructure
Technology
Healthcare
Education
Professional Services
Mining
Energy
Transportation
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Banking
Commercial Lending
Documentation
Operations
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Manager
Risk Manager
Compliance Officer
Banking Relationship Manager
Financial Controller
Company Secretary
Commercial Director
Business Development Manager
Credit Analyst
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