The Amended Loan Agreement is utilized when parties to an existing loan facility need to modify their original arrangements while maintaining the basic structure of their relationship. Common scenarios include extending loan terms, adjusting interest rates, modifying security arrangements, or addressing changes in the borrower's circumstances. This document type is crucial in South African financial transactions, where it must comply with the National Credit Act, Consumer Protection Act, and other relevant legislation. The agreement typically includes both the amendments and a restatement of unchanged terms, providing a complete picture of the modified arrangement. It's particularly important in commercial lending, where changing market conditions or business circumstances may necessitate loan restructuring.
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1. Parties: Identification of the Lender and Borrower with their full legal names, registration numbers (if applicable), and physical addresses
2. Background: Details of the original loan agreement including its date, key terms, and the reason for the amendment
3. Definitions: Definitions of terms used in the agreement, including both original terms and any new terms introduced by the amendment
4. Amendment Provisions: Specific clauses being amended, with clear reference to the original clause numbers and the new replacement text
5. Confirmation of Other Terms: Confirmation that all other terms of the original agreement remain unchanged and in full force and effect
6. Effective Date: The date from which the amendments will take effect
7. Representations and Warranties: Updated or additional representations and warranties specific to the amendment
8. Costs: Allocation of costs related to the preparation and execution of the amendment agreement
9. Governing Law and Jurisdiction: Confirmation of South African law as governing law and jurisdiction for disputes
10. Signature: Execution provisions and signature blocks for all parties
1. Additional Security: Include if new security is being provided or existing security is being modified
2. Financial Covenants: Include if there are changes to financial covenants or reporting requirements
3. Interest Rate Adjustment: Include if there are changes to the interest rate structure or calculation
4. Payment Terms Modification: Include if payment terms, schedules, or methods are being modified
5. Waiver of Breaches: Include if any past breaches are being waived as part of the amendment
6. Conditions Precedent: Include if there are specific conditions that must be met before the amendments become effective
1. Schedule 1 - Amended Loan Terms: Comprehensive list of all loan terms as amended, showing both original and new versions
2. Schedule 2 - Repayment Schedule: Updated amortization or repayment schedule reflecting any payment modifications
3. Schedule 3 - Form of Compliance Certificate: Updated form of compliance certificate if reporting requirements have changed
4. Appendix A - Original Loan Agreement: Copy of the original loan agreement for reference
5. Appendix B - Required Consents: Copies of any required third-party or regulatory consents for the amendments
6. Appendix C - Security Documents: Copies of any new or modified security documents
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Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Mining
Agriculture
Retail
Technology
Healthcare
Construction
Energy
Telecommunications
Transportation
Professional Services
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Credit
Corporate Banking
Commercial Banking
Due Diligence
Documentation
Relationship Management
Corporate Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Manager
Risk Manager
Treasury Manager
Financial Controller
Corporate Lawyer
Banking Relationship Manager
Loan Officer
Due Diligence Officer
Company Secretary
Commercial Director
Business Development Manager
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