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Vendor Finance Agreement
"I need a Vendor Finance Agreement for the sale of industrial manufacturing equipment worth NZD 2.5 million, with a 20% deposit and monthly repayments over 48 months, including specific maintenance requirements and performance warranties."
1. Parties: Identifies and defines the vendor/financier and the purchaser/borrower with their full legal details
2. Background: Sets out the context of the agreement, including the vendor's ownership of the asset and the purchaser's desire to acquire it through vendor financing
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Sale and Purchase: Details the asset being sold and purchased, including any specific conditions or characteristics
5. Finance Terms: Specifies the purchase price, deposit, interest rate, payment schedule, and other key financial terms
6. Security Interest: Establishes the vendor's security interest in the asset until full payment is received
7. Title and Risk: Specifies when title passes to the purchaser and allocates risk in the asset
8. Representations and Warranties: Contains statements of fact and promises made by both parties
9. Purchaser Covenants: Sets out the purchaser's ongoing obligations regarding the asset and payments
10. Default and Enforcement: Defines events of default and the vendor's enforcement rights
11. General Provisions: Contains standard legal provisions including notices, amendments, governing law, and dispute resolution
1. Insurance: Required when specific insurance requirements need to be imposed on the purchaser
2. Maintenance and Use: Included when the asset requires specific maintenance or has restricted uses during the finance period
3. Early Repayment: Details early repayment rights and any associated fees or calculations when early repayment is permitted
4. Guarantee: Required when a third-party guarantee is part of the security arrangement
5. GST: Needed when the transaction involves GST-registered parties and GST implications
6. Assignment and Transfer: Include when either party needs the right to assign or transfer their rights and obligations
7. Multiple Assets: Required when the financing arrangement covers multiple assets with different terms or conditions
1. Asset Description: Detailed description of the asset(s) being financed, including serial numbers, specifications, and condition
2. Payment Schedule: Detailed breakdown of payment amounts, due dates, and allocation between principal and interest
3. Financial Terms: Specific details of interest calculations, fees, and charges
4. Security Registration Details: PPSR registration details and requirements
5. Maintenance Requirements: Detailed maintenance and servicing requirements for the asset
6. Insurance Requirements: Specific insurance requirements including types of coverage and minimum amounts
7. Form of Guarantee: The form of any required guarantee or security documentation
Authors
Asset
Business Day
Collateral
Commencement Date
Conditions Precedent
Default Interest Rate
Default Event
Delivery Date
Deposit
Enforcement Event
Encumbrance
Final Payment Date
Finance Amount
Finance Period
Financial Indebtedness
GST
Guarantee
Guarantor
Initial Payment
Instalment
Interest Rate
Late Payment Fee
Material Adverse Effect
Outstanding Balance
Payment Date
Payment Schedule
Permitted Security Interest
PPSA
PPSR
Principal Amount
Purchase Price
Purchaser
Related Company
Relevant Documents
Security Interest
Secured Money
Secured Property
Specifications
Tax
Term
Title Documents
Transaction Documents
Vendor
Warranty Period
Payment Terms
Interest and Fees
Security Interest
Title and Risk
Asset Delivery
Maintenance and Use
Insurance
Representations and Warranties
Covenants
Conditions Precedent
Default
Enforcement
Early Repayment
Assignment
Guarantee
GST and Tax
Force Majeure
Confidentiality
Notices
Amendment
Waiver
Severability
Entire Agreement
Governing Law
Dispute Resolution
Costs and Expenses
Further Assurance
Counterparts
Electronic Execution
Manufacturing
Industrial Equipment
Construction
Agriculture
Technology
Transportation
Heavy Machinery
Commercial Property
Renewable Energy
Mining
Medical Equipment
Legal
Finance
Commercial
Sales
Credit Control
Risk Management
Treasury
Operations
Procurement
Compliance
Business Development
Chief Financial Officer
Finance Director
Commercial Director
Legal Counsel
Contract Manager
Credit Manager
Risk Manager
Sales Director
Business Development Manager
Treasury Manager
Asset Manager
Operations Manager
Procurement Manager
Financial Controller
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