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.
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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
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
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
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