The Master Loan And Security Agreement serves as the primary documentation for establishing and governing lending relationships in New Zealand. It is typically used when a lender provides significant financing facilities to a borrower, requiring comprehensive security arrangements. The agreement encompasses all essential aspects of the lending relationship, including facility terms, security provisions, representations, warranties, and covenants. It is designed to comply with New Zealand's regulatory framework, including the Credit Contracts and Consumer Finance Act 2003 and the Personal Property Securities Act 1999. The document's master format allows for multiple sub-facilities to be governed under a single agreement, providing efficiency and consistency in the lending relationship while maintaining robust security arrangements.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the facility
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Facility Terms: Core terms of the loan facility including amount, purpose, availability period, and drawdown conditions
5. Interest and Fees: Interest calculation methodology, payment dates, default interest, and applicable fees
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
7. Security Provisions: Details of security granted, charging provisions, and maintenance of security value
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Undertakings: Positive and negative obligations of the borrower during the facility term
10. Events of Default: Circumstances constituting default and consequences thereof
11. Enforcement Rights: Lender's rights and powers upon default, including enforcement of security
12. General Provisions: Standard clauses including notices, assignments, amendments, and governing law
1. Guarantees: Terms of guarantee when third-party guarantors are involved
2. Multiple Borrowers: Additional provisions for joint and several liability when multiple borrowers exist
3. Currency Provisions: Required for multi-currency facilities or international borrowers
4. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required
5. Special Drawing Conditions: For facilities with project-specific or special purpose drawing conditions
6. Security Trustee Provisions: Required when security is held by a security trustee for multiple lenders
7. Subordination Provisions: When intercreditor arrangements are necessary
8. Environmental Undertakings: For facilities where environmental risks are a significant concern
1. Facility Details: Specific terms of each sub-facility including limits, pricing, and purpose
2. Security Details: Detailed description of all secured assets and their locations
3. Conditions Precedent: List of required documents and conditions before facility availability
4. Drawdown Notice Form: Template form for requesting drawdowns under the facility
5. Compliance Certificate: Template for periodic compliance reporting
6. Financial Covenants: Detailed financial covenants and calculation methodologies
7. Permitted Security Interests: List of pre-approved security interests that may exist
8. Fee Schedule: Detailed breakdown of all applicable fees and charges
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Real Estate
Manufacturing
Retail
Agriculture
Infrastructure
Mining and Resources
Technology
Healthcare
Construction
Transportation and Logistics
Energy and Utilities
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Loan Operations
Security Administration
Commercial Banking
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Relationship Manager
Corporate Banking Manager
Security Trustee Officer
Loan Operations Manager
Financial Controller
Company Secretary
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