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The Amended And Restated Loan Agreement is utilized when parties need to make substantial modifications to an existing loan agreement while maintaining the continuity of the lending relationship. This document type is particularly relevant when significant changes are required to the original facility terms, such as loan amount adjustments, interest rate modifications, covenant updates, or changes to the security package. Under Austrian law, this agreement must comply with the Austrian Civil Code (ABGB), Banking Act (BWG), and other relevant legislation. It serves to consolidate all amendments into a single, clear document that replaces the original agreement while preserving the original security and contractual relationship. The agreement is commonly used in corporate lending, project finance, and real estate financing transactions where the underlying business requirements or circumstances have changed since the original loan was established.

1. Parties: Identification of the lender(s), borrower(s), and any other parties to the agreement

2. Background: Details of the original agreement, reason for amendment and restatement, and confirmation that this agreement supersedes the original

3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and references to Austrian legal concepts

4. Amendment and Restatement: Specific provisions regarding how the original agreement is being amended and restated

5. The Facility: Core loan terms including amount, purpose, and conditions for utilization

6. Interest: Interest rate provisions, calculation methods, and payment terms in compliance with Austrian usury laws

7. Repayment: Terms for repayment of the loan, including schedule and prepayment provisions

8. Fees: All applicable fees, charges, and costs

9. Tax Gross Up and Indemnities: Tax-related provisions and indemnification obligations

10. Representations and Warranties: Standard and transaction-specific representations and warranties

11. Information Undertakings: Borrower's obligations to provide financial and other information

12. General Undertakings: Positive and negative covenants of the borrower

13. Events of Default: Circumstances constituting default and consequences

14. Changes to Parties: Provisions for transfers, assignments, and changes to parties

15. Administration: Administrative provisions, calculations, and notices

16. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions