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Loan Extension Agreement for Australia

Loan Extension Agreement Template for Australia

A comprehensive legal document governed by Australian law that modifies and extends the term of an existing loan agreement between a lender and borrower. The agreement maintains the core elements of the original loan while updating specific terms, particularly the maturity date. It incorporates relevant provisions from Australian consumer credit protection legislation and banking regulations, ensuring compliance with both federal and state requirements. The document includes confirmations of outstanding amounts, any modifications to interest rates or payment terms, and validates the continuation of existing securities and guarantees.

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Loan Extension Agreement

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What is a Loan Extension Agreement?

The Loan Extension Agreement is a crucial document used in Australian financial and commercial transactions when parties wish to extend the term of an existing loan rather than refinancing or creating a new loan agreement. This document type is particularly relevant in situations where the original loan terms remain suitable but additional time is needed for repayment. The agreement must comply with Australian federal legislation including the National Consumer Credit Protection Act 2009 (Cth) and relevant state laws. It typically includes details of the original loan, the extended term, any modified conditions, and confirmations of existing security arrangements. The document is commonly used in both commercial and consumer lending contexts, requiring careful attention to Australian regulatory requirements, particularly regarding responsible lending obligations and consumer protections.

What sections should be included in a Loan Extension Agreement?

1. Parties: Identification of the Lender and Borrower, including full legal names and addresses

2. Background: Recitals describing the original loan agreement, its key terms, and the parties' intention to extend the loan term

3. Definitions: Key terms used in the agreement, including 'Original Loan Agreement', 'Extension Period', and 'New Maturity Date'

4. Extension of Loan Term: Clear statement of the new loan maturity date and extension period

5. Confirmation of Debt: Acknowledgment of the current outstanding loan amount and confirmation of the borrower's continuing obligation

6. Continuation of Original Terms: Confirmation that all other terms and conditions of the original loan agreement remain in full force and effect

7. Representations and Warranties: Borrower's confirmation that no default exists and all original representations remain true

8. Conditions Precedent: Requirements that must be met before the extension becomes effective

9. Execution: Signature blocks and execution details for all parties

What sections are optional to include in a Loan Extension Agreement?

1. Interest Rate Modification: Include if the interest rate is being modified as part of the extension

2. Security Confirmation: Include if there is existing security that needs to be confirmed as continuing

3. Additional Security: Include if new security is being provided as part of the extension

4. Fee Provisions: Include if there are extension fees or new fee structures

5. Modified Payment Schedule: Include if the payment schedule or amounts are being modified

6. Financial Covenants: Include if new or modified financial covenants are being implemented

7. Additional Conditions: Include if new ongoing conditions are being added to the loan terms

What schedules should be included in a Loan Extension Agreement?

1. Schedule 1 - Original Loan Agreement: Copy of the original loan agreement being extended

2. Schedule 2 - New Payment Schedule: Updated amortization or payment schedule reflecting the extended term

3. Schedule 3 - Security Documents: List and copies of continuing or new security documents

4. Schedule 4 - Conditions Precedent Checklist: List of all conditions that must be satisfied before the extension takes effect

5. Appendix A - Calculation of Outstanding Amount: Detailed calculation of the current loan balance including any interest and fees

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Loan Agreement

Sector

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate & Property

Commercial & Industrial

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Agriculture & Farming

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Small Business & Startups

Relevant Teams

Legal

Credit

Risk Management

Compliance

Commercial Banking

Corporate Finance

Loan Operations

Treasury

Document Management

Portfolio Management

Relevant Roles

Credit Manager

Loan Officer

Commercial Banking Manager

Legal Counsel

Compliance Officer

Risk Manager

Financial Controller

Chief Financial Officer

Corporate Lawyer

Banking Relationship Manager

Credit Analyst

Loan Administrator

Contract Manager

Treasury Manager

Portfolio Manager

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