Amendments, waivers and releases

When the borrower's financial position starts to deteriorate, a common first step is to approach the lender seeking to revisit the terms of the finance documents. Depending on the circumstances, this may include an amendment to reschedule the debt to make the repayment dates in the facility agreement achievable. The need for a one-off waiver may also arise where the borrower's circumstances have changed in a more temporary way. For example, it might have had a temporary downturn in business, causing it to breach a financial covenant. In these circumstances, the borrower will not need a permanent change to the facility agreement but rather just a short-term waiver from the lenders to avoid it being in default.

Documenting variations to the facility agreement

Agreement of all parties

Any changes to the terms of an existing facility agreement must be made by all parties to the original document. As a matter of best practice, the changes should be made in writing.

In syndicated facilities, the facility agent will usually sign the relevant documentation on behalf of all the lenders in the syndicate under the terms of its appointment as

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