Modification Of Loan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Modification Of Loan Agreement

"I need a Modification of Loan Agreement to extend the maturity date of our £2M commercial loan to March 2025 and adjust the interest rate from 5% to 6.5%, while keeping all other terms unchanged."

Document background
A Modification Of Loan Agreement is used when parties to an existing loan agreement need to change certain terms without creating an entirely new agreement. This document, governed by English and Welsh law, can modify various aspects including payment terms, interest rates, security arrangements, or loan duration. It's particularly relevant during financial restructuring, when borrowers face changed circumstances, or when market conditions necessitate loan term adjustments. The modification must comply with UK financial regulations and maintain the integrity of the original agreement while clearly documenting all changes.
Suggested Sections

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Details of original loan agreement and reason for modification

3. Definitions: Key terms used in the modification agreement

4. Modification Details: Specific changes to the original agreement terms

5. Effective Date: When the modifications take effect

6. Confirmation of Other Terms: Statement that all other original terms remain in effect

7. Execution: Signature blocks and execution details

Optional Sections

1. Security Provisions: Changes to any security arrangements - include when loan is secured against assets

2. Guarantor Consent: Confirmation from any guarantors - include when original loan has guarantors

3. Conditions Precedent: Conditions that must be met before modification takes effect - include when specific conditions must be satisfied

Suggested Schedules

1. Schedule 1 - Modified Payment Schedule: New payment dates and amounts if payment terms are modified

2. Schedule 2 - Modified Interest Calculations: Updated interest calculations if interest terms are changed

3. Appendix A - Original Loan Agreement: Copy of the original loan agreement being modified

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
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements. Essential if the original loan was made to a consumer rather than a business entity.

Financial Services and Markets Act 2000: Key legislation regulating financial services and markets in the UK, providing the framework for financial regulation.

Law of Property Act 1925: Crucial legislation if the loan is secured against property, governing how property can be held and transferred.

Consumer Rights Act 2015: Legislation protecting consumer rights, particularly relevant for consumer loans and unfair terms.

FCA Regulations: Financial Conduct Authority regulations providing detailed rules for financial services firms and consumer protection.

MCOB Rules: Mortgage Conduct of Business rules - specific regulations governing mortgage-related business if the loan is secured on property.

CONC Rules: Consumer Credit sourcebook rules providing detailed regulations for consumer credit activities.

Contract Modification Principles: Common law principles governing how contracts can be validly modified or varied.

Doctrine of Consideration: Common law principle requiring that contract modifications must be supported by consideration unless executed as a deed.

Contract Variation Rules: Legal principles governing how existing contracts can be varied while maintaining their enforceability.

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly relevant for business-to-business loans.

Unfair Terms in Consumer Contracts Regulations 1999: Regulations protecting consumers from unfair terms in contracts, including loan agreements.

Data Protection Act 2018: Legislation governing how personal data must be handled, including in financial services and loan documentation.

UK GDPR: Post-Brexit data protection regulations implementing GDPR principles in UK law.

Money Laundering Regulations 2017: Regulations requiring proper due diligence and monitoring in financial transactions to prevent money laundering.

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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