The Amended Loan Agreement is utilized when parties to an existing loan agreement need to modify certain terms or conditions of their original arrangement under Indonesian law. This document becomes necessary in various situations, such as when borrowers require loan restructuring, when payment terms need adjustment, or when security arrangements require modification. The agreement must comply with Indonesian banking regulations, particularly Bank Indonesia Regulation No. 17/12/PBI/2015 on loan restructuring and the Indonesian Civil Code provisions on contract modification. It typically includes detailed specifications of the amendments, conditions precedent to the effectiveness of changes, and confirmations of continuing obligations. This document is particularly crucial in the Indonesian market where loan modifications are common due to changing business conditions and regulatory requirements.
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1. Parties: Identification of the Lender and Borrower, including their complete legal names, registration numbers, and addresses
2. Background: Recitals explaining the original loan agreement, reason for amendment, and confirmation that parties wish to amend certain terms
3. Definitions: Definitions of key terms, including both original terms and any new terms introduced by the amendment
4. Amendment Provisions: Specific clauses being amended, with clear reference to original clause numbers and new replacement text
5. Confirmation of Other Terms: Confirmation that all other terms of the original agreement remain in full force and effect
6. Effective Date: Specification of when the amendments take effect
7. Representations and Warranties: Updated or reaffirmed representations and warranties as of amendment date
8. Conditions Precedent: Conditions that must be satisfied before the amendment becomes effective
9. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
10. Execution: Signature blocks and execution formalities
1. Amendment Fee: Include when there is a fee charged for processing the amendment
2. Security Confirmation: Include when original agreement has security arrangements that need to be confirmed as extending to amended terms
3. Tax Provisions: Include when amendment affects tax treatment or introduces new tax considerations
4. Regulatory Compliance: Include when amendment is driven by regulatory requirements or changes
5. Cross-Default Provisions: Include when amendment affects or introduces relationships with other loan facilities
6. Currency Provisions: Include when amendment involves changes to loan currency or exchange rate considerations
1. Schedule 1 - Original Loan Agreement: Copy of the original loan agreement being amended
2. Schedule 2 - Amended Loan Terms: Detailed table showing original vs. amended terms
3. Schedule 3 - Updated Repayment Schedule: Revised amortization schedule if payment terms are modified
4. Schedule 4 - Conditions Precedent Documents: List of documents required before amendment becomes effective
5. Schedule 5 - Form of Effective Date Notice: Template for confirming when amendment becomes effective
6. Appendix A - Corporate Authorizations: Updated corporate approvals and authorizations for the amendment
7. Appendix B - Security Documents: List and copies of any security documents affected by the amendment
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Real Estate
Manufacturing
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Energy
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Technology
Telecommunications
Retail
Healthcare
Transportation
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Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit Administration
Banking Operations
Documentation
Loan Administration
Relevant Roles
Legal Counsel
Finance Director
Chief Financial Officer
Credit Risk Manager
Loan Officer
Compliance Officer
Corporate Secretary
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Financial Controller
Banking Relationship Manager
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Company Director
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