The Addendum Loan Agreement is a critical document used in Indonesian banking and finance transactions when parties need to modify terms of an existing loan agreement without creating an entirely new contract. It is commonly used when circumstances require adjustments to financial terms, extension of facility periods, modification of security arrangements, or changes in covenants. The document must comply with Indonesian banking regulations, including OJK and Bank Indonesia requirements, as well as the Indonesian Civil Code. It's particularly important in situations where maintaining the original agreement's framework while implementing specific changes is more practical than creating a new agreement. The addendum must be carefully drafted to ensure it properly references the original agreement and clearly delineates which terms are being modified while maintaining the validity of unchanged terms.
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1. Parties: Identification of all parties to the original loan agreement and this addendum, including their complete legal names, addresses, and registration numbers
2. Background: Reference to the original loan agreement (including date and parties), reason for the addendum, and confirmation that parties wish to amend certain terms
3. Definitions: Key terms used in the addendum, including reference to definitions in the original agreement and any new definitions specific to the addendum
4. Reference to Original Agreement: Specific citation of the original agreement's details and any previous amendments
5. Amendments: Clear articulation of each modification to the original agreement, with reference to specific sections being amended
6. Confirmation of Other Terms: Statement confirming that all other terms and conditions of the original agreement remain unchanged and in full force and effect
7. Effective Date: Specification of when the amendments take effect
8. Governing Law: Confirmation that Indonesian law governs the addendum
9. Execution: Signature blocks for all parties, including witnesses if required
1. Modified Payment Terms: Required if the addendum changes payment schedules, interest rates, or repayment terms
2. Modified Security/Collateral: Required if there are changes to collateral arrangements or security structures
3. Extended Facility: Required if the loan amount is being increased or facility extended
4. Modified Covenants: Required if financial or other covenants are being modified
5. Conditions Precedent: Required if there are new conditions that must be satisfied before the amendments take effect
6. Representations and Warranties: Required if new representations are needed specific to the amendments
7. Fees and Expenses: Required if there are fees associated with the amendment or changes to existing fee structures
1. Schedule of Amendments: Detailed list of all specific modifications to clauses in the original agreement
2. Revised Payment Schedule: If payment terms are modified, detailed new payment schedule
3. Modified Financial Covenants: If applicable, detailed calculations and thresholds for any modified financial covenants
4. Updated Collateral List: If security arrangements are modified, comprehensive list of new or modified collateral
5. Form of Notice: Template for any required notices related to the amendments
6. Conditions Precedent Checklist: List of documents and conditions required before amendments take effect
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