The Loan Agreement With Security is a fundamental financial and legal document used in New Zealand when a lender provides funding to a borrower against specific security. This document is essential when parties wish to establish a formal lending arrangement where the loan is backed by collateral, whether that be property, equipment, inventory, or other assets. The agreement complies with New Zealand's legal framework, including the Personal Property Securities Act 1999 and the Credit Contracts and Consumer Finance Act 2003. It is typically used by financial institutions, private lenders, and businesses seeking to protect their interests while providing or receiving secured financing. The document combines both the loan provisions and security arrangements, ensuring that the lender has enforceable rights over the secured assets in case of default, while clearly setting out the borrower's obligations and protections under New Zealand law.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Sets out the context of the loan agreement and the intention to create a security interest
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Loan: Details the loan amount, purpose, and drawdown conditions
5. Interest: Specifies the interest rate, calculation method, and payment terms
6. Repayment: Sets out the repayment schedule, method, and any early repayment provisions
7. Security: Describes the security interest being created and the secured property
8. Borrower's Representations and Warranties: States the Borrower's confirmations about their legal capacity and financial situation
9. Borrower's Obligations: Lists ongoing obligations including maintenance of security and financial covenants
10. Events of Default: Defines what constitutes a default and the consequences
11. Enforcement: Details the Lender's rights and remedies upon default
12. General Provisions: Includes standard clauses like notices, amendments, and governing law
13. Execution: Formal signing section with necessary attestations
1. Guarantor Provisions: Required when there is a guarantor for the loan, including guarantor's obligations and warranties
2. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required for the secured property
3. Priority Arrangements: Required when there are multiple security interests and priority needs to be established
4. Special Conditions: For any unique terms specific to the particular loan arrangement
5. Financial Covenants: Required for business loans where specific financial ratios must be maintained
6. Specific Security Arrangements: Detailed provisions for specific types of security (e.g., vehicle security, equipment)
1. Schedule 1 - Loan Terms: Details of loan amount, interest rate, term, and repayment schedule
2. Schedule 2 - Security Details: Specific description and details of all secured property
3. Schedule 3 - Drawdown Conditions: Prerequisites and conditions for loan drawdown
4. Schedule 4 - Fees and Charges: Comprehensive list of all applicable fees and charges
5. Schedule 5 - Form of Drawdown Notice: Template for requesting loan drawdown
6. Appendix A - Repayment Schedule: Detailed amortization schedule showing all payments
7. Appendix B - Security Registration Forms: Required forms for registering security interests on the PPSR
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