The Amended and Restated Promissory Note is utilized when parties need to make substantial modifications to an existing promissory note while maintaining the underlying debt obligation. Common scenarios include changes in payment terms, interest rates, maturity dates, or security arrangements. This document type is particularly relevant in Hong Kong's dynamic financial market, where it must comply with the Bills of Exchange Ordinance and other local regulations. It serves to streamline documentation by consolidating all amendments and original terms into a single, clear instrument, thereby avoiding the need to reference multiple amendment documents. The document is commonly used in commercial lending, corporate finance, and private transactions, providing a comprehensive record of the modified debt obligation while preserving the original debt's continuity.
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1. Date and Parties: Identifies the date of execution and the parties: Maker (debtor/promissor) and Payee (creditor/promissee)
2. Background: Recitals explaining the existence of the original promissory note and the reasons for amendment and restatement
3. Definitions: Key terms used throughout the note, including references to the Original Note, Amendment Date, and any specific payment or financial terms
4. Promise to Pay: Unconditional promise to pay the principal amount, including the specified currency and payment details
5. Interest Rate: Specification of interest rate, calculation method, and payment frequency
6. Payment Terms: Details of payment schedule, including maturity date and any installment arrangements
7. Amendment and Restatement: Express provision that this note amends and restates the original note in its entirety
8. Events of Default: Circumstances that constitute default and consequences thereof
9. Representations and Warranties: Basic representations regarding capacity and authority to execute the note
10. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
1. Security Provisions: Include when the note is secured by collateral or guarantees
2. Prepayment Terms: Include when early payment is permitted, including any prepayment penalties or notices
3. Tax Provisions: Include when there are specific tax considerations or withholding requirements
4. Transfer and Assignment: Include when there are specific restrictions or permissions regarding transfer of the note
5. Currency Protection: Include for cross-border transactions involving multiple currencies
6. Notice Requirements: Include when specific notice procedures are required beyond standard communications
7. Subordination Provisions: Include when the note is subordinated to other debt obligations
1. Original Promissory Note: Copy or details of the original promissory note being amended and restated
2. Payment Schedule: Detailed schedule of payment dates and amounts, particularly for installment payments
3. Interest Calculation Examples: Examples of interest calculations if complex interest provisions apply
4. Security Details: Description of any collateral or security arrangements if applicable
5. Amendment History: Summary of previous amendments to the original note, if any
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