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Loan Amendment Agreement
"I need a Loan Amendment Agreement to modify our existing HKD 10 million facility with ABC Bank Limited by extending the maturity date to March 15, 2025, and adjusting the interest rate from HIBOR + 2% to HIBOR + 2.5%, with all other terms remaining unchanged."
1. Parties: Identification of all parties to the amendment agreement, including the original lender(s), borrower(s), and any guarantors or security providers
2. Background: Recitals detailing the original loan agreement, any previous amendments, and the reason for the current amendment
3. Definitions: Definitions of terms used in the amendment agreement, including reference to definitions in the original loan agreement
4. Interpretation: Rules for interpreting the amendment agreement and its relationship with the original loan agreement
5. Amendments: Specific modifications to the original loan agreement, clearly stating the changes being made
6. Effective Date: Specification of when the amendments take effect
7. Confirmation: Confirmation that all other terms of the original loan agreement remain unchanged
8. Representations and Warranties: Updated or reaffirmed representations and warranties from the borrower
9. Costs and Expenses: Provisions regarding who bears the costs of preparing and executing the amendment
10. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction for disputes
1. Conditions Precedent: Required when amendments are subject to certain conditions being satisfied before becoming effective
2. Security Confirmation: Used when existing security documents need to be confirmed as extending to amended obligations
3. Guarantor's Consent: Required when there are guarantors who need to consent to the amendments
4. Further Assurance: Optional clause requiring parties to execute additional documents if needed
5. Tax Provisions: Required when amendments have tax implications or change tax gross-up provisions
6. Extension of Security: Needed when amendments require modification or extension of existing security arrangements
7. Fees: Required when amendment involves payment of additional fees
8. Financial Covenants Adjustment: Used when amendments modify financial covenants or testing periods
1. Schedule 1 - Amendments: Detailed list of specific amendments to the original loan agreement, often in tabular format
2. Schedule 2 - Conditions Precedent: List of documents and conditions required before amendments become effective
3. Schedule 3 - Form of Effective Date Notice: Template notice confirming satisfaction of conditions precedent and effectiveness of amendments
4. Schedule 4 - Amended and Restated Agreement: Full text of the loan agreement as amended, if extensive changes are being made
5. Schedule 5 - Required Consents: List of required third-party consents and their status
6. Appendix A - Signing Authorities: Evidence of authority of signatories for each party
Authors
Banking
Financial Services
Real Estate
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Technology
Retail
Infrastructure
Energy
Healthcare
Construction
Transportation
Telecommunications
Agriculture
Mining
Hospitality
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Administration
Company Secretarial
Corporate Finance
Debt Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Manager
Relationship Manager
Compliance Officer
Risk Manager
Banking Executive
Financial Controller
Company Secretary
Corporate Finance Manager
Debt Management Officer
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