Termination Of Loan Agreement: Definition & Sample (2024)

What is a Termination Of Loan Agreement?

A termination of loan agreement is a legal document that is signed when the term of the original loan agreement reaches completion. This document serves to release both the lender and borrower of their obligatory roles set forth in the original loan agreement. Most commmonly, this agreement is drawn up and signed when the borrower pays back the loan amount, plus taxes, interest, and any other applicable fees.

A termination of loan agreement is not the same thing as a loan cancellation and release agreement. The main difference between the two is that while a termination of loan agreement typically requires payback of the loan as agreed, the loan cancellation and release agreement is typically put into motion when both parties agree to cancel the contract, regardless of payback status.

Common Sections in Termination Of Loan Agreements

Below is a list of common sections included in Termination Of Loan Agreements. These sections are linked to the below sample agreement for you to explore.

Termination Of Loan Agreement Sample

Exhibit 4.47

TERMINATION OF LOAN AGREEMENT

TERMINATION OF LOAN AGREEMENT, dated as of April14, 2016 (this “Termination”), among Navios Maritime Holdings Inc., aMarshall Islands corporation (the “Borrower”) and Navios Maritime Acquisition Corporation, a Marshall Islands corporation, as lender (in such capacity, the “Lender”).

W I T N E S S E T H:

WHEREAS, the Borrower and Lender entered into that certain agreement, dated as of March9, 2016 (the “Loan Agreement”),pursuant to which the Lender agreed to make loans under a $50,000,000 revolving loan facility to the Borrower upon the terms and subject to the conditions set forth therein;

WHEREAS, Clause 15.1 of the Loan Agreement provides that any term of the Loan Agreement may be amended with the agreement of the Lender andthe Borrower;

WHEREAS, the Board of Directors of each of the Borrower and Lender have determined that it is in the best interest of itsrespective companies to terminate the Loan Agreement;

NOW, THEREFORE, the Borrower and the Lender each hereby agrees as follows:

1.Amendment to Clause 5.3. Clause 5.3 of the Loan Agreement is hereby amended to add the following sentence to the end of Clause 5.3:

“The Borrower and NNA may immediately terminate this Agreement at any time by written agreement between the parties.”

2.Agreement to Terminate. The Borrower and the Lender hereby agree to terminate the Loan Agreement as of the date hereof.
3.Counterparts. This Termination may be executed by one or more of the parties hereto on any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and thesame instrument.

Unless otherwise defined herein, terms that are defined in the Loan Agreement and used herein are so usedas so defined.

IN WITNESS WHEREOF, the undersigned have caused this Termination to be duly executed anddelivered as of the date first above written.

NAVIOS MARITIME HOLDINGS INC., as Borrower

By: /s/ VasilikiPapaefthymiou

Name: Vasiliki Papaefthymiou

Title: Executive Vice President-Legal

NAVIOS MARITIME ACQUISITION

CORPORATION, as Lender

By: /s/ LeonidasKorres

Name: Leonidas Korres

Title: Chief Financial Officer


Reference:
Security Exchange Commission - Edgar Database, EX-4.47 2 d150923dex447.htm EX-4.47, ViewedAugust 13, 2022, View Source on SEC.

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Termination Of Loan Agreement: Definition & Sample (2024)

FAQs

What is the termination of a loan agreement? ›

A termination of loan agreement is a legal document that is signed when the term of the original loan agreement reaches completion.

What is an example of termination by agreement? ›

Contract termination is when one party wishes to end the contract before the other party can fulfil the agreement. A simple example would be when a client terminates the services contract with a law firm in line with the termination agreement in the terms and conditions.

What does it mean if a loan is terminated? ›

A termination statement is a document issued by a lending institution, which establishes that a particular secured loan has been fully repaid. They are commonly used in association with home mortgages, once the mortgage has been paid off.

What is a letter of cancellation of a loan agreement? ›

A loan cancellation letter is a formal request to cancel a loan application or agreement. It includes essential details such as your personal information, loan specifics (amount and type), and the reason for cancellation. The letter should request written confirmation of the cancellation from the lender.

What is the purpose of a termination agreement? ›

An employment termination agreement is an agreement between employee and employer to end an existing employment contract without giving prior notice – although the agreement must be made mutually.

What happens when an agreement is terminated? ›

This means that one or more parties have made the decision to conclude the contract earlier than they had originally agreed when drafting and signing it. If a contract is terminated, all parties will be freed from their responsibilities and obligations. This is also known as discharging a contract.

What is the difference between terminated and cancelled? ›

Answer: Cancellation occurs during the active life of the policy (i.e., cancellation for non-payment of the premium). Termination occurs when a policy runs its course and is not renewed.

What does termination of financing statement mean? ›

When a debtor has satisfied all debts owed and/or collateral has been returned to the lender, the lender typically files a UCC amendment to terminate the UCC financing statement that established the lender's priority over the collateral.

How do I get out of a loan agreement? ›

You must notify your lender in writing that you are cancelling the loan contract and exercising your right to rescind. You may use the form provided to you by your lender or a letter.

How do you write a letter to terminate an agreement? ›

An effective contract termination letter should include key details like:
  1. The names and contact information of both parties.
  2. The title and date of the original contract.
  3. The specific termination clause or section being invoked.
  4. The reason for termination.
  5. The proposed termination date.

How do I write a letter of cancellation of agreement? ›

How to write a termination of contract letter
  1. Review termination clauses. ...
  2. Address the appropriate individual. ...
  3. State your purpose for writing. ...
  4. Discuss outstanding concerns. ...
  5. Close your letter respectfully. ...
  6. Ensure receipt of the letter.
Aug 17, 2024

How do I terminate a loan? ›

Tell the lender you want to cancel

It's best to do this in writing but your credit agreement will tell you who to contact and how. If you've received money already then you must pay it back - the lender must give you 30 days to do this.

What is the difference between cancel and terminate an agreement? ›

Specifically, the parties may terminate a contract upon an agreement or the contract may automatically terminate when the parties fulfill their obligations without any breach or damage. Meanwhile, the cancellation of a contract mostly is a result of the parties' breach of the contract.

What makes a loan agreement void? ›

Lack of capacity: If a party to the contract cannot understand the contract, such as a minor or person under the influence of alcohol, the contract may be void. Lack of assent: Contracts must have a genuine agreement. If a contract is formed under duress or threats, undue influence, or fraud, it's generally void.

What is the legal method for terminating a contract agreement? ›

A contract termination letter allows you to give written notice of your contract's cancellation. It clearly states intent and limits your liability, which arerequired if you're looking to avoid issues while terminating a contract. Writing the letter is simple.

What happens if you break a loan agreement? ›

The agreement dictates new terms and actions to be met. If not navigated well, it can result in financial penalties, a recall of the loan, or even legal action.

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