The Amended Loan Agreement is utilized when parties need to modify terms of an existing loan arrangement while preserving the fundamental relationship and unchanged provisions. Common scenarios include refinancing, payment restructuring, or modifying security arrangements. The document must comply with U.S. federal regulations including the Truth in Lending Act and state-specific usury laws. It typically includes details of the original agreement, specific amendments, and reaffirmation of unchanged terms. This type of agreement is crucial for maintaining legal clarity and ensuring enforceability of modified loan terms.
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1. Parties: Identifies original lender, borrower, and any new parties to the amended agreement
2. Background/Recitals: References original loan agreement, reason for amendment, and confirmation of outstanding amounts
3. Definitions: Key terms including both original and new definitions required for the amendment
4. Amendments: Specific modifications to original agreement, clearly stating what is being changed
5. Reaffirmation: Confirmation that non-amended terms remain in full force and effect
6. Representations and Warranties: Updated confirmations regarding borrower's status and ability to perform
7. Conditions Precedent: Requirements that must be met before amendment becomes effective
1. Additional Security: New security arrangements section to be included when additional collateral is being provided
2. Fee Provisions: Details of any amendment fees, to be included when fees are charged for the amendment
3. Release Provisions: Terms for releasing any security or guarantors, included when existing security arrangements are being modified
1. Amended and Restated Loan Terms: Comprehensive list of modified loan terms
2. Updated Payment Schedule: Revised amortization or payment schedule
3. Form of Notice: Template for required notices under amended agreement
4. Updated Security Documents: Modified security arrangements if applicable
5. Conditions Precedent Documents: List of required documents and conditions for amendment effectiveness
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