Amendment Of Loan Agreement for Malta

Amendment Of Loan Agreement Template for Malta

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Amendment Of Loan Agreement

"I need an Amendment of Loan Agreement to extend the maturity date of our existing €2.5M facility from March 2025 to December 2025, and adjust the interest rate from EURIBOR + 2.5% to EURIBOR + 3%, with Malta International Bank as lender."

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What is a Amendment Of Loan Agreement?

The Amendment of Loan Agreement is a crucial document used when parties to an existing loan agreement need to modify specific terms while keeping the core agreement intact. Commonly used in Malta's robust financial services sector, this document type addresses various scenarios such as interest rate adjustments, extension of maturity dates, modification of repayment terms, or changes to security arrangements. The amendment must comply with Maltese banking regulations, the Civil Code, and financial services laws, particularly when involving regulated entities. This document is essential for maintaining accurate records of loan modifications and ensuring legal enforceability of the revised terms while preserving the validity of unmodified provisions from the original agreement.

What sections should be included in a Amendment Of Loan Agreement?

1. Parties: Identification of all parties to the amendment, which should match the parties to the original loan agreement unless there are permitted assignments or transfers

2. Background: Recitals detailing the original loan agreement, its date, any previous amendments, and the parties' desire to amend certain terms

3. Definitions: Key terms used in the amendment, including reference to definitions in the original agreement and any new definitions specific to the amendment

4. Amendment Effective Date: Specifies when the amendments will take effect

5. Amendments to Original Agreement: Detailed description of each amendment being made to the original agreement, with clear reference to the sections being modified

6. Confirmation of Other Terms: Confirmation that all other terms of the original agreement remain in full force and effect

7. Representations and Warranties: Confirmation that original representations remain true and any new representations specific to the amendment

8. Governing Law and Jurisdiction: Confirmation that the amendment is governed by Maltese law and subject to Maltese courts' jurisdiction

9. Execution: Signature blocks for all parties

What sections are optional to include in a Amendment Of Loan Agreement?

1. Conditions Precedent: Required when the amendments are subject to certain conditions being met before becoming effective

2. Security Confirmation: Required when the original loan is secured and confirmation of the continuing validity of security is needed

3. Fees and Expenses: Include when there are specific fees or costs associated with the amendment

4. Tax Provisions: Required when the amendments have specific tax implications that need to be addressed

5. Consents and Waivers: Include when third-party consents are required or certain provisions need to be waived

6. Additional Covenants: Include when new covenants are being added as part of the amendment

What schedules should be included in a Amendment Of Loan Agreement?

1. Schedule of Amendments: Detailed table or list showing the original clause language and the amended clause language

2. Amended and Restated Loan Agreement: If extensive amendments are being made, a full amended and restated version of the agreement may be attached

3. Conditions Precedent Documents: List of documents required to be delivered before the amendment becomes effective

4. Required Consents: Copies of any third-party consents required for the amendment

5. Updated Payment Schedule: If payment terms are being amended, a revised schedule of payment dates and amounts

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
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