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
Relevant legal definitions
Acceleration Event
Amendment Date
Applicable Interest Rate
Banking Day
Business Day
Default Interest Rate
Default Notice
Effective Date
Event of Default
Governmental Authority
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Law
Maker
Material Adverse Effect
Maturity Date
Original Note
Original Principal Amount
Outstanding Principal Amount
Payee
Payment Date
Permitted Transfer
Person
Place of Payment
Principal Amount
Reference Banks
Relevant Jurisdiction
Security
Security Documents
Security Interest
Specified Currency
Taxes
Transaction Documents
Amendment Date
Applicable Interest Rate
Banking Day
Business Day
Default Interest Rate
Default Notice
Effective Date
Event of Default
Governmental Authority
HIBOR
Hong Kong
Interest Payment Date
Interest Period
Law
Maker
Material Adverse Effect
Maturity Date
Original Note
Original Principal Amount
Outstanding Principal Amount
Payee
Payment Date
Permitted Transfer
Person
Place of Payment
Principal Amount
Reference Banks
Relevant Jurisdiction
Security
Security Documents
Security Interest
Specified Currency
Taxes
Transaction Documents
Clauses
Promise to Pay
Amendment and Restatement
Interest
Payment Terms
Prepayment
Representations and Warranties
Events of Default
Remedies
Security
Assignment and Transfer
Notices
Governing Law
Jurisdiction
Amendments and Waivers
Severability
Entire Agreement
Tax Provisions
Currency Provisions
Force Majeure
Counterparts
Costs and Expenses
Indemnification
Subordination
Registration and Stamp Duty
Amendment and Restatement
Interest
Payment Terms
Prepayment
Representations and Warranties
Events of Default
Remedies
Security
Assignment and Transfer
Notices
Governing Law
Jurisdiction
Amendments and Waivers
Severability
Entire Agreement
Tax Provisions
Currency Provisions
Force Majeure
Counterparts
Costs and Expenses
Indemnification
Subordination
Registration and Stamp Duty
Relevant Industries
Banking and Financial Services
Real Estate
Commercial Lending
Private Equity
Investment Management
Corporate Finance
Small and Medium Enterprises
Manufacturing
Trading and Distribution
Technology and StartUps
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Credit Administration
Investment
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Corporate Lawyer
Legal Counsel
Compliance Officer
Credit Manager
Investment Manager
Corporate Secretary
Loan Officer
Business Development Manager
Risk Manager
Account Manager
Transaction Manager
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