Loan Takeover Agreement Template for Canada

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Key Requirements PROMPT example:

Loan Takeover Agreement

I need a Loan Takeover Agreement for a secured commercial loan of $5.2M where ABC Manufacturing Ltd. will take over XYZ Industries' existing loan obligations to First Canadian Bank, with the transfer to be effective March 1, 2025, including transfer of equipment security.

Document background
The Loan Takeover Agreement is a crucial document used when one party wishes to assume the loan obligations of another party in Canada. This agreement is commonly utilized in various scenarios, including business acquisitions, corporate restructuring, or when individuals need to transfer mortgage or loan responsibilities. The document must comply with Canadian federal legislation such as the Bank Act and Interest Act, as well as relevant provincial laws governing contracts and security interests. The agreement typically includes detailed information about the original loan, outstanding balances, payment terms, security arrangements, and the conditions for the transfer. It requires careful consideration of both federal and provincial regulatory requirements, particularly regarding interest rates, security registration, and consumer protection where applicable. The Loan Takeover Agreement serves as a legally binding document that protects the interests of all parties involved while ensuring a smooth transition of loan obligations.
Suggested Sections

1. Parties: Identification of the Original Borrower, New Borrower, and Lender

2. Background: Recitals explaining the original loan agreement, outstanding obligations, and intention to transfer the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. Transfer of Loan Obligations: Core provisions detailing the transfer of loan obligations from Original Borrower to New Borrower

5. Acknowledgment of Debt: New Borrower's acknowledgment of the outstanding loan amount and terms

6. Lender's Consent: Explicit consent of the Lender to the loan takeover

7. Representations and Warranties: Statements of fact and assurances from all parties

8. Original Borrower's Release: Terms of release of the Original Borrower from loan obligations

9. Payment Terms: Confirmation of payment schedule, interest rates, and payment methods

10. Events of Default: Circumstances constituting default and consequences

11. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction

12. Notices: Process and addresses for formal communications between parties

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Transfer: Required if the original loan is secured by collateral, detailing the transfer of security interests

2. Guarantor Provisions: Required if there are guarantors for the loan, addressing their continued obligations or release

3. Insurance Requirements: Required if specific insurance must be maintained by the New Borrower

4. Fees and Expenses: Optional section detailing any fees associated with the loan takeover

5. Due Diligence: Optional section specifying any due diligence requirements before the takeover becomes effective

6. Assignment and Succession: Optional section addressing future transfer rights

7. Conditions Precedent: Required if there are specific conditions that must be met before the takeover becomes effective

Suggested Schedules

1. Schedule A - Original Loan Agreement: Copy or summary of the original loan agreement being transferred

2. Schedule B - Outstanding Loan Balance: Detailed statement of the current loan balance and payment history

3. Schedule C - Payment Schedule: Updated payment schedule under the takeover arrangement

4. Schedule D - Security Details: List and description of any security interests being transferred

5. Schedule E - Consents and Approvals: Copies of any required third-party consents or regulatory approvals

6. Appendix 1 - Form of Transfer Notice: Template for formal notice of transfer to relevant parties

7. Appendix 2 - Compliance Certificate: Template for confirming compliance with takeover conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Healthcare

Technology

Agriculture

Mining

Energy

Infrastructure

Transportation

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit Administration

Corporate Secretariat

Loan Operations

Contract Management

Banking Relations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Finance Manager

Credit Manager

Risk Manager

Loan Officer

Banking Relationship Manager

Treasury Manager

Compliance Officer

Contract Administrator

Corporate Secretary

Financial Controller

Debt Management Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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