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Loan Termination Agreement
"I need a Loan Termination Agreement for early repayment of a secured commercial property loan from ABC Bank Limited, where we'll be releasing the mortgage over our Auckland office building and settling the remaining balance of NZD 2.5M by March 15, 2025."
1. Parties: Identification of the lender and borrower, including full legal names and addresses
2. Background: Context of the original loan agreement, reason for termination, and reference to relevant loan documentation
3. Definitions: Definitions of key terms used in the agreement, including 'Loan Agreement', 'Termination Date', and 'Settlement Amount'
4. Termination: Clear statement of the parties' agreement to terminate the loan and the effective date of termination
5. Settlement Amount: Specification of the final amount to be paid, including any outstanding principal, interest, and fees
6. Payment Terms: Details of how and when the settlement amount will be paid
7. Release and Discharge: Mutual release of obligations under the loan agreement upon completion of settlement payments
8. Representations and Warranties: Statements by both parties confirming their authority and capacity to enter into the termination agreement
9. Surviving Provisions: Identification of any provisions from the original loan agreement that will survive termination
10. General Provisions: Standard clauses covering governing law, entire agreement, counterparts, and notices
1. Security Release: Required when the loan is secured - details the release of security interests and return of security documentation
2. Partial Termination: Used when only part of a loan facility is being terminated, specifying which portions remain active
3. Third Party Rights: Needed when guarantors or other third parties have rights or obligations under the original loan
4. Confidentiality: Optional provisions regarding confidentiality of the termination terms
5. Tax Provisions: Required when there are specific tax implications from the termination that need to be addressed
6. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard jurisdiction clauses
1. Schedule 1 - Original Loan Documentation: List and copies of all relevant loan documentation being terminated
2. Schedule 2 - Settlement Calculations: Detailed breakdown of the settlement amount, including principal, interest, fees, and any early termination charges
3. Schedule 3 - Security Interests: List of all security interests to be released and relevant registration details
4. Schedule 4 - Payment Instructions: Detailed banking and payment instructions for settlement
5. Appendix A - Form of Release: Standard form for release of security interests and associated documentation
Authors
Banking & Financial Services
Real Estate
Commercial Property
Manufacturing
Agriculture
Construction
Retail
Healthcare
Education
Transportation & Logistics
Technology
Mining & Resources
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Loan Operations
Document Management
Securities Administration
Risk Management
Chief Financial Officer
Finance Manager
Legal Counsel
Loan Officer
Credit Manager
Risk Manager
Corporate Lawyer
Compliance Officer
Treasury Manager
Account Manager
Financial Controller
Company Secretary
Debt Recovery Specialist
Portfolio Manager
Banking Relationship Manager
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