On Demand Loan Agreement for New Zealand

On Demand Loan Agreement Template for New Zealand

This On Demand Loan Agreement is a comprehensive legal document governed by New Zealand law that establishes the terms and conditions for a loan facility where the lender has the right to demand repayment at any time. The agreement incorporates key requirements under the Credit Contracts and Consumer Finance Act 2003 and other relevant New Zealand legislation, detailing the loan amount, interest calculations, repayment terms, borrower obligations, and enforcement mechanisms. It includes provisions for security interests, events of default, and remedies available to the lender, while ensuring compliance with New Zealand's consumer protection and financial services regulations.

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What is a On Demand Loan Agreement?

The On Demand Loan Agreement is designed for use in New Zealand lending transactions where flexibility in repayment timing is required. This document type is commonly used for business financing, short-term lending, and situations where the lender needs to maintain strong control over the lending arrangement. The agreement complies with New Zealand's regulatory framework, including the Credit Contracts and Consumer Finance Act 2003, Contract and Commercial Law Act 2017, and relevant financial services legislation. It contains essential provisions for loan disbursement, interest calculation, repayment mechanisms, borrower covenants, and enforcement rights, along with optional provisions for security interests and guarantees. The on-demand nature of the facility means the lender can require immediate repayment at any time, making it particularly suitable for short-term financing needs or where the lender requires enhanced control over the lending relationship.

What sections should be included in a On Demand Loan Agreement?

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 parties' intention to enter into the lending arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpreting the agreement

4. Loan Facility: Specifies the loan amount, purpose, and on-demand nature of the facility

5. Interest: Details the interest rate, calculation method, and payment requirements

6. Repayment: Specifies repayment terms, including the on-demand nature and any minimum payment requirements

7. Representations and Warranties: Contains borrower's confirmations about their financial status, capacity, and authority to enter into the agreement

8. Borrower Covenants: Sets out ongoing obligations of the borrower during the loan term

9. Events of Default: Lists circumstances that constitute default and trigger demand for immediate repayment

10. Enforcement: Details the lender's rights and remedies upon default or demand

11. Costs and Indemnities: Allocates responsibility for costs and provides for borrower indemnities

12. General Provisions: Contains standard contractual provisions including notices, amendments, and governing law

What sections are optional to include in a On Demand Loan Agreement?

1. Security: Required when the loan is secured against specific assets or property

2. Guarantee: Included when a third party guarantees the borrower's obligations

3. Insurance: Required when specific insurance coverage must be maintained for secured assets

4. Subordination: Included when the loan needs to be subordinated to other creditors

5. Special Conditions: Added when there are unique terms specific to the particular lending arrangement

6. Financial Covenants: Required for business borrowers when specific financial metrics must be maintained

What schedules should be included in a On Demand Loan Agreement?

1. Schedule 1 - Loan Details: Contains specific loan terms including amount, interest rate, and any fee details

2. Schedule 2 - Conditions Precedent: Lists conditions that must be satisfied before the loan becomes available

3. Schedule 3 - Security Details: Describes any security assets and specific security terms if loan is secured

4. Schedule 4 - Repayment Schedule: Details any specific repayment arrangements or milestones

5. Schedule 5 - Compliance Certificate: Template for periodic confirmation of compliance with loan terms

6. Appendix A - Direct Debit Authority: Standard form for setting up payment arrangements

7. Appendix B - Guarantor Documents: Forms and certificates related to any guarantee arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Financial Services

Real Estate

Small Business

Corporate

Agriculture

Manufacturing

Retail

Professional Services

Construction

Technology

Healthcare

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Commercial

Business Development

Operations

Corporate Banking

Relevant Roles

Chief Financial Officer

Finance Manager

Legal Counsel

Credit Manager

Loan Officer

Risk Manager

Compliance Officer

Commercial Manager

Business Development Manager

Treasury Manager

Corporate Lawyer

Banking Executive

Financial Controller

Relationship Manager

Credit Analyst

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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