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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
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
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
Banking & Financial Services
Real Estate
Construction
Manufacturing
Energy & Resources
Infrastructure
Commercial Property
Agriculture
Telecommunications
Healthcare
Legal
Finance
Credit Risk
Compliance
Corporate Banking
Real Estate
Treasury
Risk Management
Operations
Corporate Secretariat
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
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