The Supplemental Loan Agreement is essential when parties need to modify an existing loan arrangement without completely restating the entire agreement. It is commonly used in New Zealand when circumstances require changes to loan terms, such as extending the facility amount, revising interest rates, modifying security arrangements, or adding new parties. The document must comply with New Zealand's regulatory framework, including the Credit Contracts and Consumer Finance Act 2003, Financial Service Providers (Registration and Dispute Resolution) Act 2008, and relevant banking regulations. It serves as a bridge between the original loan agreement and the new terms, ensuring continuity while documenting specific changes. This type of agreement is particularly important in commercial lending, property financing, and corporate refinancing situations where flexibility in loan arrangements is required.
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1. Parties: Identification of all parties to the agreement, including the original lender and borrower, and any new parties being added
2. Background: Context of the original loan agreement, including date and parties, and the reason for this supplemental agreement
3. Definitions: Key terms used in the agreement, including references to definitions in the original agreement and any new definitions
4. Interpretation: Rules for interpreting the agreement, including its relationship with the original loan agreement
5. Amendments to Original Agreement: Specific modifications to the original loan agreement, clearly identifying clauses being changed
6. Confirmation of Other Terms: Confirmation that all other terms of the original agreement remain in full force and effect
7. Conditions Precedent: Any conditions that must be satisfied before the supplemental agreement becomes effective
8. Representations and Warranties: Updated or additional representations and warranties from the parties
9. Costs and Expenses: Allocation of costs related to the preparation and execution of the supplemental agreement
10. Governing Law and Jurisdiction: Confirmation of New Zealand law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements for all parties
1. Additional Security: Include when new security is being provided for the loan
2. Change in Parties: Include when there are assignments, transfers, or new parties being added to the agreement
3. Interest Rate Modifications: Include when changes to interest rates or calculation methods are being made
4. Payment Terms Modifications: Include when payment schedules or methods are being modified
5. Guarantor Provisions: Include when new guarantors are being added or existing guarantor obligations are being modified
6. Financial Covenants: Include when financial covenants are being added or modified
7. Events of Default: Include when adding or modifying events of default
8. Regulatory Compliance: Include when changes are needed to comply with new regulatory requirements
1. Schedule 1 - Amendments to Original Agreement: Detailed list of specific clauses being amended, with old and new text
2. Schedule 2 - Amended and Restated Loan Terms: Complete set of loan terms as amended, if extensive changes are being made
3. Schedule 3 - Additional Security Details: Details of any new security being provided
4. Schedule 4 - Modified Payment Schedule: Updated payment dates and amounts if payment terms are being modified
5. Schedule 5 - Conditions Precedent Documents: List of documents required to be delivered before effectiveness
6. Appendix A - Form of Notice to Third Parties: Template notices required to be sent to relevant third parties
7. Appendix B - Amended Security Documents: Copies of any amended security documents referenced in the agreement
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Commercial Real Estate
Corporate Finance
Agriculture
Manufacturing
Retail
Construction
Infrastructure
Technology
Healthcare
Education
Professional Services
Mining and Resources
Transport and Logistics
Relevant Teams
Legal
Finance
Credit
Risk Management
Compliance
Treasury
Corporate Banking
Commercial Lending
Operations
Documentation
Portfolio Management
Relationship Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Manager
Credit Manager
Loan Officer
Relationship Manager
Risk Manager
Compliance Officer
Treasury Manager
Corporate Banking Manager
Financial Controller
Company Secretary
Business Development Manager
Portfolio Manager
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