Question and answer · informational

What has to be in writing when a funder changes your terms

Nine elements, and the most commonly missing one is what happens on the day the arrangement ends.

Drafted with AI assistance. Not yet independently checked. Nobody has verified the claims on this page against a source, so treat the figures and legal points as a starting point rather than as settled, and confirm anything you are about to act on. How we check things.

What has to be in writing when a funder agrees to change my terms?

Get a signed document that states the exact new payment amount and frequency, the effective date, the end date and what happens on it, whether the total amount owed has changed, where any deferred amount goes, every fee, whether an existing default is waived or merely forborne, and the fact that all other terms continue unchanged. Have it signed by someone with authority at the funder, not only by the person you spoke to. Most of these agreements contain an integration clause stating that the written document is the entire agreement, which means an oral assurance that is not in the writing is generally worth nothing.

An email from a servicing representative saying "we can do $400 a day for 90 days" is a useful record and is not an agreement. The document that changes your obligation has to say nine things, and the one most often missing is the seventh.

The nine elements

1. The parties and the underlying agreement.The exact legal entity names, the date of the original agreement, and its account or reference number. A modification that does not identify what it modifies creates an argument.
2. The effective date of the new terms.Not "upon signing" — a date. Debits are scheduled in advance, and "upon signing" does not tell anyone whether tomorrow's entry comes out at the old amount or the new one.
3. The exact new payment amount and frequency.A number and a rhythm: "$400 per business day", "$2,000 per week each Wednesday", "8% of daily card settlements". If the frequency is changing, say which day of the week or month, and what happens when that day is a holiday.
4. The end date of the arrangement, and what happens on it.This is the element that goes missing. A "90-day reduction" with no stated end state can mean the old payment resumes, the reduced payment continues, or the whole deferred amount falls due. Require a sentence: "On [date], the remittance returns to $700 per business day and the schedule continues until the total repayment amount is satisfied."
5. Whether the total amount owed has changed.On a fixed-repayment advance, state whether the total repayment amount is unchanged. On an interest-bearing loan, state the new maturity and, ideally, attach a revised amortisation schedule. A restructure without a stated end number is not finished.
6. Where the deferred amount goes.Three possibilities and they are not equivalent: added to the tail of the schedule, capitalised into the balance, or due as a lump sum at the end. Name one.
7. Every fee, and when it is payable.Amount, whether it is charged at signing or added to the balance, and whether anything further is charged for an extension.
8. The status of any existing default.Waived, or forborne. A waiver removes it. Forbearance parks it and typically revives it on any new breach. If the document says the funder "agrees to forbear", the default still exists and other agreements with cross-default clauses may still be able to see it.
9. That all other terms continue unchanged.Standard, and it protects both sides by making clear what was not touched.

What the missing element costs

Illustrative only —a 90-day reduction from $700 to $400 per business day, with no stated end state. Over 65 business days the deferral accumulates at $300 a day: $19,500.

Three readings of the silence, and they are worth wildly different amounts on day 91:

  • Added to the tail. You resume $700 a day and the schedule runs about 28 business days longer. Day-91 cash requirement: $700.
  • Reduced payment continues. Nothing changes on day 91. Day-91 cash requirement: $400.
  • Deferred amount due as a lump sum. Day-91 cash requirement: $19,500.

The gap between the best and worst reading is $19,100, and the only thing that resolves it is a sentence in the document. That is why element four is the one to check first.

The elements that are about execution rather than terms

Signatures with authority.Someone who can bind the funder, with a title. Your own signature as an officer of the entity, plus the guarantor's signature if the document reaches the personal guarantee.
The debit instruction.The ACH authorization is a separate instrument from the financing agreement. Amending the agreement does not automatically amend the debit authority. Ask explicitly: "Does this document change the amount you will debit, or do you need a separate authorisation?" Then confirm in writing the exact amount and first date of the new entries, and watch the account on that date.
What you are releasing.Most of these documents contain a release of claims against the funder up to the signing date. Read it and decide whether you have anything to release.

Why the writing is the whole deal

Nearly every agreement of this kind contains an integration clause — language saying the written document is the complete and exclusive statement of the agreement and supersedes prior discussions. Many also contain a no-oral-modification clause requiring any change to be in a signed writing.

The practical effect is that an assurance given on a call, however sincerely, is generally unenforceable if it is not in the document. That is not a reason to distrust the person you are dealing with. It is a reason to say, pleasantly, "that all sounds right — can you put it in the agreement?"

A test you can run in two minutes

Read the document and answer these from the text alone, without recalling any conversation:

  • What will be debited from my account on the fifteenth of next month?
  • What will be debited the day after the arrangement ends?
  • What is the total I will pay from today until the obligation is satisfied?
  • If I miss one payment under this arrangement, what happens?
  • Is the earlier default gone, or parked?

If any answer requires you to remember something someone said, that item is not in the writing yet.

What to do with it once signed

Store the signed document with the original agreement and the email thread. Diary the end date, and diary a date two weeks before the end date to start the next conversation if you need one. Check the first debit under the new terms against the document on the day it happens, and raise any discrepancy the same day — an incorrect debit corrected in 24 hours is an administrative issue, while the same error left for a month becomes a reconciliation dispute.

Keep a running note of what you paid under the arrangement. When the period ends, or when you next refinance, you will be asked for it.

What to refuse

Refuse a change implemented by email without a signed document. Refuse a document with no end state for temporary terms. Refuse a balance acknowledgement you have not reconciled against your own bank statements. And refuse to sign anything on the same call it is presented — asking for 24 hours to read a modification is normal, and a funder that will not allow it has told you something about the document.

What each clause does depends on its exact wording and on the law of the state the agreement selects. This describes what these documents normally contain, not what yours says, and it is not legal advice.

Where this applies

Related questions

What has to be in writing when a funder agrees to change my terms?

Get a signed document that states the exact new payment amount and frequency, the effective date, the end date and what happens on it, whether the total amount owed has changed, where any deferred amount goes, every fee, whether an existing default is waived or merely forborne, and the fact that all other terms continue unchanged. Have it signed by someone with authority at the funder, not only by the person you spoke to. Most of these agreements contain an integration clause stating that the written document is the entire agreement, which means an oral assurance that is not in the writing is generally worth nothing.

Which funding products does this apply to?

Merchant Cash Advance, Working Capital, Term Loan, Revenue-Based Financing. Each has its own page listing the funders in this directory that offer it and what each one publishes about its terms.

Are the figures here quotes?

No. Every worked example is labelled illustrative and exists to show the arithmetic. What a particular lender charges is on that lender's page, where it publishes it at all.

Who writes this?

The Find Me Funders research desk. Some drafting is AI-assisted, and every page that is says so at the top, including whether a person has checked its claims yet.

How do I know a figure here is right?

Where a page carries the green notice, its claims were checked against the sources listed at the end and a reviewer is named. Where it carries the amber one, nobody has verified it yet and you should confirm anything you plan to act on.

Are the examples real deals?

No. Every worked example is labelled illustrative and exists to show the arithmetic. What any particular lender charges is on that lender's page, where it publishes it.

Why do you never say what a typical rate is?

Because we cannot source it. A market average assembled from lenders who do not publish prices is a guess with a decimal point on it. Where a lender publishes a figure, we show that figure and say where it came from.

Is this financial or legal advice?

No. It is general information about how these products work. Outcomes depend on your contract and your state, and a lawyer or accountant licensed where you are is the person to ask about your situation.

Can I reuse this content?

Quote a paragraph with a link back. Do not republish whole articles.

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