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 credit relationship. This document type is particularly relevant in South African financing transactions where the original loan terms require significant updates due to changed circumstances, additional funding requirements, or restructuring needs. It consolidates all previous amendments and new changes into a single, comprehensive document that replaces the original agreement while preserving existing security arrangements and guarantees. The agreement must comply with South African banking regulations, including the National Credit Act and Financial Sector Regulation Act, making it suitable for both commercial and regulated lending activities. It typically includes detailed provisions on interest calculations, repayment terms, security arrangements, covenants, and events of default, all adapted to meet South African legal requirements.
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1. Parties: Identification of the Lender(s) and Borrower(s) with full legal names and registration details
2. Background: Context of the original loan agreement and reasons for amendment and restatement
3. Definitions and Interpretation: Defined terms, interpretation rules, and reference to original agreement definitions where applicable
4. Amendment and Restatement: Provisions specifying how this agreement amends and restates the original agreement
5. The Facility: Core loan terms including amount, purpose, and availability
6. Interest and Fees: Interest calculation, payment periods, default interest, and all applicable fees
7. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
8. Representations and Warranties: Statements of fact and assurances from the Borrower
9. Borrower Covenants: Positive and negative undertakings by the Borrower
10. Events of Default: Circumstances constituting default and consequences
11. Changes to Parties: Assignment and transfer provisions
12. Administration: Operational aspects including notices, calculations, and payment mechanics
13. Governing Law and Jurisdiction: Choice of South African law and jurisdiction for disputes
14. Execution: Signature blocks and execution formalities
1. Security: Required if the loan is secured - details of security arrangements and enforcement rights
2. Conditions Precedent: Include if there are specific conditions that must be met before drawing the loan
3. Guarantee: Required if there are guarantors to the loan
4. Financial Covenants: Include for corporate borrowers where financial metrics need to be maintained
5. Tax Gross-Up and Indemnities: Include for complex corporate loans or where tax implications are significant
6. Break Costs: Required for fixed-rate loans or where early repayment might trigger costs
7. Multiple Lenders: Required for syndicated loans - includes agency and majority lender provisions
8. Set-off Rights: Optional provisions for lender's right to set off debts against other accounts
1. Original Loan Agreement: Copy of the original loan agreement being amended
2. Conditions Precedent: List of required documents and conditions
3. Repayment Schedule: Detailed amortization or repayment schedule
4. Form of Drawing Notice: Template for requesting loan disbursements
5. Security Documents: List and/or copies of security documents
6. Financial Covenants Calculations: Formulae and methodology for financial covenant calculations
7. Fees: Detailed breakdown of all applicable fees
8. Contact Details: Administrative and notice details for all parties
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Corporate Finance
Real Estate
Manufacturing
Mining
Agriculture
Retail
Technology
Infrastructure
Energy
Healthcare
Relevant Teams
Legal
Finance
Treasury
Credit
Risk Management
Compliance
Corporate Banking
Commercial Banking
Operations
Company Secretarial
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Relationship Manager
Risk Manager
Compliance Officer
Treasury Manager
Contract Administrator
Banking Executive
Loan Officer
Company Secretary
Financial Controller
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