The Loan Termination Agreement is used when parties wish to formally conclude a lending relationship, whether due to full repayment, refinancing, or mutual agreement to terminate. This document is essential in Swiss lending practice as it provides clear evidence of the loan's termination and helps prevent future disputes. The agreement typically follows Swiss legal requirements and includes key information such as the final settlement amount, termination date, and release of securities. It's particularly important in regulated lending environments and complex corporate loans where formal documentation is crucial. The Loan Termination Agreement should be carefully drafted to ensure all outstanding obligations are properly addressed and that the termination complies with Swiss law requirements, particularly those under the Code of Obligations.
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1. Parties: Identification of the lender and borrower, including full legal names, addresses, and any registration details
2. Background: Details of the original loan agreement, including date, principal amount, and key terms
3. Definitions: Definitions of key terms used in the agreement, including 'Loan Agreement', 'Termination Date', and 'Outstanding Amount'
4. Acknowledgment of Outstanding Amount: Confirmation of the final loan balance, including principal, interest, and any other amounts due as of the termination date
5. Termination: Express termination of the loan agreement and the effective date of termination
6. Final Settlement: Terms for the final payment or settlement of the outstanding amount
7. Mutual Release: Mutual release of claims and obligations related to the loan agreement
8. Representations and Warranties: Basic representations regarding authority to enter into the termination agreement and validity of the settlement
9. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for any disputes
10. Counterparts and Execution: Provisions for signing the agreement and number of counterparts
1. Security Release: Provisions for releasing any security or collateral provided under the original loan agreement - include if there was any security/collateral
2. Surviving Provisions: Identification of any provisions from the original loan agreement that survive termination - include if there are continuing obligations
3. Payment Schedule: Detailed payment arrangements if the final settlement is to be made in installments - include if not paying as lump sum
4. Tax Provisions: Specific provisions regarding tax implications of the termination - include if there are significant tax considerations
5. Confidentiality: Provisions regarding confidentiality of the termination and its terms - include if sensitive commercial information is involved
6. Third Party Rights: Provisions regarding the rights of any guarantors or third parties - include if there are third party guarantors
1. Schedule 1 - Loan Balance Calculation: Detailed calculation of the final loan balance, including principal, interest, and any other charges
2. Schedule 2 - Payment Details: Bank account details and payment instructions for the final settlement
3. Schedule 3 - Security Documents: List of security documents to be released or cancelled upon termination
4. Appendix A - Original Loan Agreement: Copy of the original loan agreement being terminated
5. Appendix B - Release Forms: Forms for releasing any registered securities or charges
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