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Loan Assumption Agreement for Nigeria

Loan Assumption Agreement Template for Nigeria

A Loan Assumption Agreement under Nigerian law is a formal legal document that facilitates the transfer of loan obligations from an original borrower to a new assuming borrower, with the lender's consent. The agreement operates within the framework of Nigerian banking and financial regulations, particularly the Banks and Other Financial Institutions Act (BOFIA) and the Central Bank of Nigeria Act. It details the terms and conditions of the assumption, including the loan amount, interest rates, payment schedules, and any security arrangements. The document ensures compliance with Nigerian contract law while protecting the interests of all parties involved in the transaction.

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What is a Loan Assumption Agreement?

The Loan Assumption Agreement is utilized when a party wishes to take over the loan obligations of an existing borrower in Nigeria. This document is essential in scenarios such as property sales where the buyer assumes the seller's mortgage, corporate restructurings, or business acquisitions where existing debt is transferred. The agreement must comply with Nigerian banking regulations and financial laws, including the Banks and Other Financial Institutions Act (BOFIA) and Central Bank of Nigeria guidelines. It typically includes detailed information about the original loan terms, the assuming party's obligations, any modifications to the original terms, security arrangements, and conditions precedent to the assumption. The document also addresses whether the original borrower is released from their obligations or remains secondarily liable.

What sections should be included in a Loan Assumption Agreement?

1. Parties: Identifies all parties to the agreement: the Lender, Original Borrower, and Assuming Borrower

2. Background: Recitals explaining the original loan agreement, the desire to transfer the loan obligations, and the lender's consent to the assumption

3. Definitions: Defines key terms used throughout the agreement, including reference to the original loan agreement terms

4. Assumption of Obligations: Core section detailing the assuming borrower's acceptance of the loan obligations and terms

5. Original Loan Terms: Summary or reference to the key terms of the original loan being assumed (amount, interest rate, payment terms, etc.)

6. Representations and Warranties: Statements by the assuming borrower regarding their capacity and ability to assume the loan

7. Conditions Precedent: Prerequisites that must be satisfied before the assumption becomes effective

8. Covenants: Ongoing obligations of the assuming borrower under the assumed loan

9. Security Arrangements: Details of any security interests, guarantees, or collateral being provided by the assuming borrower

10. Fees and Costs: Allocation of transaction costs and any assumption fees

11. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and designates jurisdiction for disputes

12. Execution: Signature blocks and execution requirements for all parties

What sections are optional to include in a Loan Assumption Agreement?

1. Release of Original Borrower: Optional section releasing the original borrower from loan obligations - used when there is a complete novation rather than just an assumption

2. Consent of Guarantors: Required if the original loan has guarantors who need to consent to the assumption

3. Transfer of Collateral: Used when existing collateral needs to be transferred or new collateral arrangements made

4. Tax Provisions: Specific tax-related provisions if the assumption has significant tax implications

5. Insurance Requirements: Detailed insurance obligations if specific insurance coverage is required for the assumed loan

6. Joint and Several Liability: Used when the original borrower will remain liable alongside the assuming borrower

7. Notice Requirements: Detailed notice provisions if complex ongoing reporting is required

What schedules should be included in a Loan Assumption Agreement?

1. Original Loan Agreement: Copy or summary of the original loan agreement being assumed

2. Payment Schedule: Updated amortization or payment schedule reflecting the assumption

3. Security Documents: List and copies of security documents being transferred or created

4. Conditions Precedent Checklist: List of all documents and conditions required before assumption becomes effective

5. Required Consents: Copies of all third-party consents obtained for the assumption

6. Property Details: If the loan is secured by real property, details and documentation of the property

7. Financial Statements: Recent financial statements of the assuming borrower

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions











































Clauses






































Relevant Industries

Banking & Financial Services

Real Estate

Construction

Manufacturing

Energy & Resources

Infrastructure

Commercial Property

Agriculture

Telecommunications

Healthcare

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Corporate Banking

Real Estate

Treasury

Risk Management

Operations

Corporate Secretariat

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Officer

Credit Risk Manager

Loan Officer

Compliance Officer

Real Estate Manager

Property Manager

Transaction Manager

Corporate Secretary

Treasury Manager

Financial Controller

Risk Assessment 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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