The Supplemental Loan Agreement is utilized when parties need to modify an existing loan arrangement while maintaining the core structure of the original agreement. This document type is particularly relevant in the South African context, where it must align with strict regulatory requirements including the National Credit Act, Consumer Protection Act, and Financial Intelligence Centre Act. It typically becomes necessary when circumstances require adjustment of loan terms, such as refinancing, restructuring, or accommodating changed business conditions. The agreement can modify various aspects including payment terms, interest rates, security arrangements, or loan amounts, while ensuring all changes comply with South African banking regulations and consumer protection laws. Key considerations include the necessary regulatory disclosures, interest rate calculations according to the Prescribed Rate of Interest Act, and appropriate consumer protection measures where applicable.
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1. Parties: Identification of the Lender and Borrower, including their full legal names, registration numbers (if applicable), and physical addresses
2. Background: Reference to the original loan agreement, its date, and the reason for this supplemental agreement
3. Definitions: Definitions of terms used in the agreement, including references to definitions in the original agreement that remain applicable
4. Interpretation: Rules for interpreting the agreement and its relationship with the original loan agreement
5. Amendments to Original Agreement: Specific modifications, additions, or deletions to the original loan agreement
6. Effect on Original Agreement: Clarification that all other terms of the original agreement remain in force
7. Representations and Warranties: Updated or additional representations and warranties specific to this supplemental agreement
8. Conditions Precedent: Any conditions that must be satisfied before this supplemental agreement becomes effective
9. Costs: Allocation of costs related to the preparation and execution of this supplemental agreement
10. General: Standard boilerplate clauses including notices, governing law, and jurisdiction
11. Execution: Signature blocks and execution requirements
1. Additional Security: Include when new security arrangements are being added to the loan structure
2. Change in Facility Amount: Include when the loan amount is being modified
3. Interest Rate Adjustment: Include when modifying the interest rate structure
4. Payment Terms Modification: Include when changing repayment schedule or terms
5. Additional Covenants: Include when new covenants are being added
6. Waiver of Breaches: Include when addressing and waiving any existing defaults or breaches
7. Change in Borrower Structure: Include when there are changes to the borrower's corporate structure affecting the loan
8. Compliance with National Credit Act: Include specific section when agreement falls under NCA jurisdiction
1. Schedule 1 - Amended Loan Terms: Detailed outline of the modified loan terms including amounts, interest rates, and payment schedules
2. Schedule 2 - Conditions Precedent Documents: List of documents required to be delivered before the supplemental agreement becomes effective
3. Schedule 3 - Amended Security Documents: Details of any modified or additional security arrangements
4. Schedule 4 - Form of Compliance Certificate: Updated form for periodic compliance certification if modified
5. Appendix A - Original Loan Agreement: Copy of the original loan agreement for reference
6. Appendix B - National Credit Act Declarations: Mandatory declarations and notices required under the National Credit Act
7. Appendix C - Resolution Documents: Corporate resolutions and authorizations for entering into the supplemental agreement
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