A Loan Agreement Amendment is essential when parties to an existing loan agreement need to modify their original arrangements while keeping the base agreement intact. This document type is commonly used in New Zealand when circumstances require adjustments to loan terms, such as extending repayment periods, revising interest rates, modifying security arrangements, or updating financial covenants. It must comply with New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017 and the Credit Contracts and Consumer Finance Act 2003. The amendment can range from simple changes to complex modifications involving multiple parties, especially in syndicated lending arrangements. It's crucial for maintaining clear documentary evidence of agreed changes while ensuring continued enforceability of the loan agreement.
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1. Parties: Identifies all parties to the amendment agreement, including the original lender(s) and borrower(s)
2. Background: Recitals that reference the original loan agreement, its date, and key details, and briefly explain the reason for the amendment
3. Definitions: Defines key terms used in the amendment agreement and incorporates definitions from the original agreement
4. Interpretation: Sets out how the amendment agreement should be read in conjunction with the original agreement
5. Effective Date: Specifies when the amendments take effect
6. Amendments: Details the specific changes to the original agreement, clearly referencing the relevant clauses being modified
7. Confirmation: Confirms that all other terms of the original agreement remain unchanged and in full force and effect
8. Costs: Specifies who bears the costs of preparing and executing the amendment
9. Governing Law: Confirms the agreement continues to be governed by New Zealand law
10. Execution: Signature blocks for all parties to execute the amendment
1. Conditions Precedent: Include when the amendments are subject to certain conditions being met before taking effect
2. Security Confirmation: Include when existing security arrangements need to be confirmed as extending to the amended obligations
3. Guarantor Consent: Include when there are guarantors who need to confirm their obligations extend to the amended loan terms
4. Representations and Warranties: Include when fresh representations are required due to material changes in the loan terms
5. Additional Parties: Include when new parties are being added to the loan agreement
6. Release Provisions: Include when existing parties are being released from their obligations
7. Financial Covenants: Include when financial covenants are being modified
8. Consent of Third Parties: Include when third-party consents are required for the amendments
1. Amended and Restated Loan Terms: A complete version of the amended clauses showing all changes
2. Updated Repayment Schedule: If payment terms are modified, a new schedule showing revised payment dates and amounts
3. Amended Financial Covenants: Detailed calculations and thresholds for any modified financial covenants
4. Conditions Precedent Checklist: List of conditions that must be satisfied before the amendments take effect
5. Required Consents: Copies of third-party consents or approvals required for the amendment
6. Amended Security Documents: Any modifications to existing security arrangements
7. Form of Notices: Template notices required to be given in connection with the amendments
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate & Property
Commercial & Corporate
Agriculture & Farming
Manufacturing & Industrial
Retail & Consumer
Construction & Infrastructure
Healthcare & Medical
Education & Training
Technology & Software
Transport & Logistics
Relevant Teams
Legal
Finance
Credit
Risk Management
Compliance
Treasury
Commercial Banking
Corporate Banking
Loan Operations
Document Management
Portfolio Management
Relevant Roles
Chief Financial Officer
Finance Manager
Credit Manager
Loan Officer
Relationship Manager
Corporate Banker
Legal Counsel
Compliance Officer
Risk Manager
Treasury Manager
Financial Controller
Commercial Manager
Credit Analyst
Portfolio Manager
Debt Recovery Officer
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