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Deed Of Amendment And Restatement
"I need a Deed of Amendment and Restatement to modify our existing supply agreement by adding two new subsidiaries as parties and updating the pricing structure, with the changes to take effect from March 1, 2025."
1. Parties: Identifies all parties to the deed, including the parties to the original agreement
2. Background: Recitals explaining the context, including details of the original agreement and the reason for amendment and restatement
3. Definitions: Defines key terms used in the deed, including references to the original agreement and amendment terms
4. Interpretation: Sets out rules for interpreting the deed, including relationship with original agreement
5. Amendment and Restatement: Core operative clause stating that the original agreement is amended and restated as set out in the schedule
6. Effective Date: Specifies when the amendments take effect
7. Confirmation: Confirms that all other terms of the original agreement remain in full force and effect
8. Representations and Warranties: Statements by the parties regarding their authority to enter into the deed
9. Costs and Stamp Duty: Allocates responsibility for costs and any applicable stamp duty
10. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, etc.
11. Execution: Formal execution blocks meeting requirements for deeds in Australia
1. Conditions Precedent: Include when amendments are subject to satisfaction of certain conditions
2. Consents: Include when third party consents are required for the amendments
3. Security Confirmation: Include when original agreement involves security arrangements that need to be confirmed
4. Release: Include when parties need to be released from certain obligations under the original agreement
5. Transitional Provisions: Include when specific arrangements are needed to transition between old and new provisions
1. Schedule 1 - Restated Agreement: Complete restatement of the agreement incorporating all amendments
2. Schedule 2 - Summary of Amendments: Table or list showing all amendments made to the original agreement
3. Schedule 3 - Original Agreement: Copy of the original agreement being amended
4. Schedule 4 - Required Consents: List of third party consents obtained or required (if applicable)
5. Appendix A - Amended Definitions: List of new or modified definitions (if extensive)
6. Appendix B - Supporting Documents: Any additional documents referenced in the amendments
Authors
Financial Services
Real Estate
Mining and Resources
Infrastructure
Manufacturing
Healthcare
Technology
Telecommunications
Energy
Construction
Agriculture
Transport and Logistics
Professional Services
Retail
Legal
Compliance
Risk Management
Commercial
Finance
Operations
Business Development
Corporate Secretariat
Treasury
Project Management
Legal Counsel
Senior Legal Counsel
Contract Manager
Commercial Manager
Chief Legal Officer
Company Secretary
Risk Manager
Compliance Officer
Business Development Manager
Project Manager
Financial Controller
Chief Financial Officer
Operations Manager
Transaction Manager
Legal Operations Manager
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