The Finance Contract serves as the primary documentation for financial facilities in New Zealand, establishing legally binding obligations between lenders and borrowers. This document is essential for any significant lending arrangement, whether for corporate financing, asset acquisition, or business expansion. The agreement must comply with New Zealand's regulatory framework, including the Credit Contracts and Consumer Finance Act 2003, Financial Markets Conduct Act 2013, and Anti-Money Laundering legislation. It typically includes comprehensive terms covering facility details, security arrangements, covenants, and enforcement mechanisms, with specific adaptations possible for different financing purposes. The Finance Contract is designed to protect all parties' interests while ensuring transparency and regulatory compliance in the New Zealand financial services sector.
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1. Parties: Identification of all parties to the contract, including full legal names, addresses, and registration numbers where applicable
2. Background: Context of the financing arrangement, purpose of the facility, and any relevant historical information
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules for interpretation
4. Facility Details: Key terms of the facility including amount, purpose, availability period, and drawdown conditions
5. Interest and Fees: Interest rate calculations, fee structures, and payment terms
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
7. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
8. Representations and Warranties: Standard declarations made by the borrower about their legal and financial status
9. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Security: Details of any security arrangements and enforcement rights
12. General Provisions: Standard contract clauses including notices, amendments, governing law, and dispute resolution
1. Guarantees: Required when third-party guarantees are part of the security structure
2. Insurance Requirements: Included when specific insurance coverage is required for secured assets
3. Special Purpose Vehicle Provisions: Required when the borrower is an SPV with specific structural requirements
4. Syndication Provisions: Included for facilities that may be syndicated to multiple lenders
5. Cross-Default Provisions: Added when the facility needs to be linked to other financial arrangements
6. Regulatory Compliance: Specific sections addressing compliance with particular regulatory requirements
7. Tax Provisions: Detailed tax clauses when specific tax arrangements or implications need to be addressed
8. Foreign Currency Provisions: Required when the facility involves multiple currencies
1. Facility Terms Schedule: Detailed breakdown of facility amounts, interest rates, fees, and payment dates
2. Security Details: Comprehensive list and description of all security assets and arrangements
3. Conditions Precedent Checklist: List of all required documents and conditions to be satisfied
4. Financial Covenants Schedule: Detailed financial covenants including calculations and reporting requirements
5. Form of Drawdown Notice: Template for borrower to request drawings under the facility
6. Repayment Schedule: Detailed amortization schedule if applicable
7. Permitted Security Interests: List of security interests that are permitted under the agreement
8. Form of Compliance Certificate: Template for periodic compliance reporting
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