The Loan Agreement Term Sheet is a crucial preliminary document used in New Zealand lending transactions to establish the fundamental terms and conditions of a proposed loan facility. It serves as a bridge between initial commercial discussions and the final loan documentation, capturing all material commercial terms agreed between the parties. This document is typically used when parties have reached agreement on key commercial terms but before incurring the cost and time of preparing full loan documentation. The term sheet ensures all parties have a clear understanding of the proposed terms and helps legal counsel draft the final loan agreement efficiently. It must reflect compliance with New Zealand's financial services regulatory framework, including the Credit Contracts and Consumer Finance Act 2003 and related legislation.
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1. Parties: Identification of lender(s) and borrower(s), including full legal names and addresses
2. Background: Brief context of the loan arrangement and purpose
3. Definitions: Key terms used throughout the term sheet
4. Facility Details: Loan amount, type of facility, and purpose
5. Interest and Fees: Interest rate, calculation method, fees and charges
6. Drawdown: Conditions and process for drawing down the loan
7. Repayment Terms: Repayment schedule, maturity date, and prepayment provisions
8. Key Conditions Precedent: Essential conditions to be met before the loan becomes available
9. Representations and Warranties: Key statements of fact by the borrower
10. Key Undertakings: Essential promises by the borrower regarding conduct and financial management
11. Events of Default: Primary circumstances that would trigger default
12. Governing Law: Specification of New Zealand law as governing law
1. Security: Details of any security to be provided - include for secured loans only
2. Guarantees: Information about guarantors and guarantee terms - include when third-party guarantees are required
3. Financial Covenants: Specific financial ratios and requirements - include for corporate borrowers or large loans
4. Insurance Requirements: Mandatory insurance coverage - include for secured loans or where specific risks need coverage
5. Syndication Provisions: Terms for multiple lenders - include for syndicated facilities only
6. Hedging Requirements: Interest rate or currency hedging obligations - include for large or international loans
7. Assignment and Transfer: Rights to assign or transfer the loan - include for corporate or sophisticated lending
8. Intercreditor Provisions: Relationship between different classes of lenders - include when multiple lenders involved
1. Drawdown Notice Form: Template form for requesting loan drawdowns
2. Repayment Schedule: Detailed breakdown of repayment dates and amounts
3. Security Details: Specific description of security assets and registration requirements
4. Financial Covenant Calculations: Formulae and definitions for financial covenant calculations
5. Fee Schedule: Detailed breakdown of all applicable fees and charges
Relevant legal definitions
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Relevant Industries
Banking and Financial Services
Real Estate
Construction
Manufacturing
Retail
Agriculture
Technology
Healthcare
Education
Infrastructure
Mining
Transportation
Hospitality
Professional Services
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Commercial Banking
Business Development
Investment
Operations
Corporate Finance
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Banker
Relationship Manager
Credit Analyst
Risk Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Finance Manager
Commercial Director
Investment Manager
Loan Officer
Compliance Officer
Financial Controller
Business Development Manager
Corporate Finance Manager
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