Amended Loan Agreement Template for United States

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Key Requirements PROMPT example:

Amended Loan Agreement

"Need an Amended Loan Agreement to modify the interest rate from fixed to variable and extend the maturity date to March 2025 for our existing $2M commercial loan with First National Bank."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring disclosure of key terms and costs in consumer credit transactions, including regulation of credit terms advertising

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending and requiring fair lending practices

Fair Credit Reporting Act (FCRA): Federal legislation governing the use of credit reports and regulating the reporting of loan information

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal law establishing additional consumer protections and creating oversight requirements for lending institutions

Federal Reserve Board Regulations: Various federal regulations affecting lending practices and terms set by the Federal Reserve

State Usury Laws: State-specific laws governing maximum interest rates and fee limitations on loans

State Consumer Protection Laws: State-specific laws requiring additional disclosures and imposing lending restrictions beyond federal requirements

State Contract Laws: State-specific requirements for contract formation and statute of frauds requirements

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions and secured interests in lending

Bankruptcy Laws: Federal and state laws governing how loans are treated in bankruptcy and requirements for enforceability

Securities Laws: Federal and state regulations that may apply if the loan could be considered a security

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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