Addendum To Note Template for Canada

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Addendum To Note

"I need an Addendum to Note to modify the payment schedule of a commercial loan between ABC Manufacturing Ltd. (borrower) and First Canadian Bank (lender), extending the maturity date to March 15, 2025, while keeping the current interest rate unchanged."

Document background
The Addendum To Note is a crucial document in Canadian financial and business transactions where modifications to existing promissory notes are required. It is commonly used when circumstances necessitate changes to original note terms, such as payment restructuring, interest rate adjustments, or security modifications, without creating an entirely new agreement. This document must comply with Canadian federal legislation (including the Bills of Exchange Act and Interest Act) and relevant provincial laws governing contract modifications. The addendum typically includes detailed references to the original note, specific modifications being made, and confirmations of unchanged terms. It's particularly important in situations involving loan modifications, debt restructuring, or when business conditions require adjustment of financial obligations. The document requires careful drafting to ensure it maintains the enforceability of the original note while clearly documenting the agreed changes.
Suggested Sections

1. Parties: Identification of all parties to the original note and the addendum, including their full legal names and addresses

2. Background: References the original note including its date, parties, and purpose, and explains the reason for this addendum

3. Definitions: Defines key terms used in the addendum and incorporates definitions from the original note as applicable

4. Original Note Reference: Specific details about the original note including date, principal amount, and key terms

5. Modifications: Clear and specific description of each modification being made to the original note

6. Confirmation of Other Terms: Statement confirming that all other terms of the original note remain unchanged and in full force and effect

7. Effective Date: Specifies when the modifications take effect

8. Execution: Signature blocks for all parties and witnessing requirements

Optional Sections

1. Consent of Third Parties: Required when the original note involves guarantors, sureties, or other third parties who need to consent to the modifications

2. Interest Rate Modifications: Specific section for changes to interest rates, including compliance with Interest Act requirements

3. Payment Terms Modifications: Detailed section for changes to payment schedule, amounts, or methods

4. Security Modifications: Required when changes affect any security or collateral arrangements

5. Conditions Precedent: Include when certain conditions must be met before the addendum becomes effective

6. Representations and Warranties: Additional confirmations by parties regarding their authority and capacity to modify the note

Suggested Schedules

1. Modified Payment Schedule: Detailed schedule showing new payment dates and amounts if payment terms are modified

2. Comparison Schedule: Side-by-side comparison of original and modified terms for clarity

3. Consent Forms: Forms for third-party consents if required

4. Updated Security Documents: Copies or references to modified security documentation if applicable

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 Industries

Financial Services

Banking

Real Estate

Commercial Lending

Private Lending

Construction

Small Business

Agriculture

Manufacturing

Retail

Relevant Teams

Legal

Finance

Treasury

Credit Administration

Risk Management

Compliance

Commercial Banking

Corporate Secretariat

Loan Administration

Collections

Relevant Roles

Chief Financial Officer

Finance Manager

Credit Manager

Legal Counsel

Corporate Secretary

Treasury Manager

Loan Officer

Commercial Banking Officer

Risk Manager

Collections Manager

Contract Administrator

Financial Controller

Compliance Officer

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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