Amended And Restated Loan Agreement Template for United States

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Amended And Restated Loan Agreement

"Need to draft an Amended and Restated Loan Agreement to increase the existing commercial loan facility from $5M to $10M and extend the maturity date to March 2025, while maintaining the current security package and adding two new subsidiary guarantors."

What is a Amended And Restated Loan Agreement?

The Amended And Restated Loan Agreement is utilized when parties need to substantially modify an existing loan arrangement while maintaining the original loan's continuity. This document type is particularly common in the United States when dealing with complex commercial loans that require significant modifications due to changes in business circumstances, refinancing requirements, or the need to consolidate multiple amendments. It serves to clearly document the current state of obligations while preserving the original loan's priority and security interests. The agreement incorporates all previous modifications and new terms into a single, comprehensive document that complies with federal and state lending regulations, making it easier for all parties to understand and reference their current obligations without needing to cross-reference multiple documents.

What sections should be included in a Amended And Restated Loan Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Details of original loan agreement and reason for amendment and restatement

3. Definitions: Key terms used throughout the agreement including defined terms from original agreement and new definitions

4. Loan Amount and Terms: Principal amount, interest rate, payment schedule, and maturity date

5. Conditions Precedent: Conditions that must be met before loan effectiveness

6. Representations and Warranties: Statements of fact by borrower about their condition and circumstances

7. Covenants: Ongoing obligations of the borrower during loan term

8. Events of Default: Circumstances constituting default and remedies

9. Miscellaneous: Standard legal provisions including governing law, notices, amendments

What sections are optional to include in a Amended And Restated Loan Agreement?

1. Security: Details of collateral and security arrangements for secured loans

2. Guarantees: Terms of any third-party guarantees and guarantor obligations

3. Financial Covenants: Specific financial metrics and ratios borrower must maintain

4. Tax Provisions: Specific tax-related provisions and requirements

5. Insurance Requirements: Specific insurance coverage requirements and minimum amounts

What schedules should be included in a Amended And Restated Loan Agreement?

1. Schedule A - Payment Schedule: Detailed amortization schedule showing payment dates and amounts

2. Schedule B - Collateral Description: Detailed description of security and collateral if applicable

3. Schedule C - Existing Defaults: List of any existing defaults being waived through amendment

4. Schedule D - Required Consents: List of third-party consents needed for agreement effectiveness

5. Schedule E - Subsidiary Information: Details of relevant subsidiaries if corporate borrower

6. Schedule F - Permitted Liens: List of allowed encumbrances on assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Affiliate
Agreement

Business Day
Change of Control

Effective Date

Subsidiary

Clauses

Relevant Industries

Banking and Financial Services
Real Estate
Commercial Business
Manufacturing
Technology

Relevant Teams

Compliance
External Counsel
Finance
In-house Legal
Risk Management

Relevant Roles

Attorney
Chief Legal Officer
Compliance Officer
General Counsel
Legal Counsel

Industries

Truth in Lending Act (TILA): Federal law requiring transparent disclosure of credit terms and standardized calculation of borrowing costs for consumer loans

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information

Dodd-Frank Wall Street Reform: Comprehensive financial reform legislation affecting lending practices, consumer protection, and financial institution regulation

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering

Uniform Commercial Code (UCC) Article 9: Governs secured transactions and provides rules for creation and enforcement of security interests in personal property

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer lending practices and consumer protection

Fair Debt Collection Practices Act (FDCPA): Regulates debt collection practices and protects borrowers from abusive collection tactics

State Usury Laws: State-specific regulations limiting maximum interest rates and loan charges that can be assessed

SEC Regulations: Securities and Exchange Commission rules affecting commercial lending, particularly for public companies or securitized loans

Federal Reserve Regulations: Banking regulations affecting lending practices, capital requirements, and credit policies

Anti-Money Laundering Regulations: Requirements for verification of borrower identity and monitoring of suspicious transactions

Bankruptcy Code: Federal laws affecting creditor rights and loan enforcement in bankruptcy scenarios

ESIGN Act: Federal law governing electronic signatures and records in commercial transactions, including loan agreements

LIBOR Transition Requirements: Regulations and guidance regarding transition from LIBOR to alternative reference rates in loan agreements

Find the exact document you need

Addendum To Note

A legal document under English and Welsh law that modifies or amends the terms of an existing promissory note.

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Let's create your Amended And Restated Loan Agreement

What is a Amended And Restated Loan Agreement?

What sections should be included in a Amended And Restated Loan Agreement?

What sections are optional to include in a Amended And Restated Loan Agreement?

What schedules should be included in a Amended And Restated Loan Agreement?

Authors

Alex Denne

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