In doing so, the District Court held that where the District Court largely reversed the rejection of plea proceedings resulting from Chapter 7 insolvency proceedings, the amended and adjusted loan agreement was in fact a novation of the original loan agreement (or at least it is unclear whether it constituted it). If the amended and adjusted loan agreement does constitute novation, the collateral granted under the original loan agreement would have expired at the time the parties entered into the amended and adapted loan agreement.2 The District Court referred the issue of annulment of the District Court`s decision to the lower court for further proceedings. In its decision, the Court reaffirmed the recognised principle that an agreement to `amend` an existing agreement may either amend the existing agreement without affecting its existence or terminate and replace the existing agreement. This question is based on the objective intentions of the parties. This can lead to potential errors, include conflicting provisions in your agreement, make it difficult to understand your contractual obligations, and create challenges in correctly identifying your actual legal obligations at any given time. .