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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 original debt. This document type is particularly relevant in the Maltese jurisdiction, where it must comply with both local banking regulations and EU financial services directives. It's commonly used in scenarios where multiple amendments have accumulated over time, when there's a need to modify key commercial terms, or when additional parties are joining the facility. The agreement consolidates all changes into a single, clear document that replaces the original loan agreement and all subsequent amendments, while preserving the original debt's priority and security structure. This document typically includes comprehensive details about loan facilities, interest calculations, repayment terms, security arrangements, and borrower obligations, all structured within Malta's legal framework.

1. Parties: Identification of the lender(s) and borrower(s), and their respective addresses

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

3. Definitions and Interpretation: Definitions of terms used in the agreement, including both original and new terms, and interpretation rules

4. Amendment and Restatement: Express provisions regarding how this agreement amends and restates the original agreement

5. The Facility: Details of the loan facility, including amount, purpose, and any changes from the original agreement

6. Conditions Precedent: Conditions that must be satisfied before the amended agreement becomes effective

7. Repayment: Terms of repayment, including schedule, amounts, and any modified terms

8. Interest: Interest rate, calculation method, payment dates, and default interest

9. Fees: All applicable fees, including arrangement fees, commitment fees, and amendment fees

10. Tax Provisions: Tax-related obligations and tax gross-up provisions

11. Representations and Warranties: Updated representations and warranties of the borrower

12. Covenants: Financial and non-financial covenants, including information covenants

13. Events of Default: Circumstances constituting default and consequences

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

15. Administration: Administrative provisions, including notices and calculations

16. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction provisions