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Loan Amendment Agreement Template for Hong Kong

A legal document governed by Hong Kong law that modifies the terms and conditions of an existing loan agreement between lenders and borrowers. It enables parties to adjust various aspects of their lending arrangement, such as interest rates, repayment schedules, loan amount, or covenants, while maintaining the core structure of the original agreement. The document ensures compliance with Hong Kong banking regulations and contract law, providing a formal framework for documenting agreed changes while preserving the enforceability of the original loan agreement and any associated security arrangements.

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What is a Loan Amendment Agreement?

The Loan Amendment Agreement is a essential legal instrument used when parties need to modify an existing loan facility without creating an entirely new agreement. It's commonly employed when business circumstances require adjustments to financial terms, extension of facilities, or modification of covenants. Governed by Hong Kong law, this document must comply with local banking regulations, the Money Lenders Ordinance, and general contract law principles. It typically includes details of the original loan agreement, specific amendments being made, conditions for these changes, and confirmations from all relevant parties. The agreement is particularly crucial in times of economic change when businesses need to restructure their debt obligations or when operational changes necessitate loan modifications.

What sections should be included in a Loan Amendment Agreement?

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

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

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

What schedules should be included in a Loan Amendment Agreement?

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

Alex Denne

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

Jurisdiction

Hong Kong

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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