The Soft Loan Agreement is designed for use in New Zealand when establishing financial arrangements with concessional terms, typically between social impact lenders, charitable foundations, or government agencies and organizations serving social purposes. This document is particularly relevant when the lending arrangement aims to support social enterprises, community development, or other impact-focused initiatives through favorable financing terms. The agreement incorporates all necessary elements required under New Zealand law, including compliance with the Credit Contracts and Consumer Finance Act 2003, while featuring distinctive soft loan characteristics such as below-market interest rates, flexible repayment schedules, and potential forgiveness provisions. It's commonly used in situations where traditional commercial lending terms would be unsuitable or where the lender's primary objective includes social impact alongside financial return.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan, relationship between parties, and purpose of the soft loan arrangement
3. Definitions: Defined terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and permitted use of funds
5. Interest Rate and Calculations: Details of the preferential interest rate and calculation methodology
6. Drawdown: Conditions and process for accessing the loan funds
7. Repayment Terms: Payment schedule, methods, and any special provisions for flexible repayment
8. Representations and Warranties: Standard declarations by the borrower about their capacity and circumstances
9. Borrower Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. General Provisions: Standard contract clauses including notices, amendments, governing law
12. Execution: Signature blocks and execution requirements
1. Security: Include when the loan is secured against specific assets
2. Guarantees: Include when there are third-party guarantors for the loan
3. Loan Forgiveness Conditions: Include when the loan includes provisions for partial or full forgiveness under specific circumstances
4. Social Impact Metrics: Include when the soft loan is tied to specific social or development outcomes
5. Conversion Rights: Include when the loan can be converted to other forms of financing or investment
6. Subordination: Include when the loan needs to be subordinated to other debts
7. Reporting Requirements: Include when specific reporting obligations are required beyond standard covenants
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Drawdown Conditions Precedent: List of conditions to be satisfied before loan drawdown
3. Form of Drawdown Notice: Template for requesting loan disbursements
4. Security Details: Detailed description of any security arrangements and secured assets
5. Permitted Use of Funds: Detailed breakdown of approved uses for the loan proceeds
6. Reporting Templates: Standard forms for required periodic reporting
7. Social Impact Metrics and Measurements: Detailed criteria and measurement methodology for social impact requirements
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