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Amended And Restated Loan Agreement
"I need an Amended and Restated Loan Agreement for a $5 million commercial property loan where we're extending the maturity date to March 2025 and adding additional security over a Melbourne office building, with NAB as lender and Smith Property Holdings Pty Ltd as borrower."
1. Parties: Identification of the lender, borrower, and any guarantors or other relevant parties
2. Background: Context of the original loan agreement, reason for amendment and restatement, and confirmation that this agreement supersedes the original
3. Definitions and Interpretation: Defined terms, interpretation rules, and references to the original agreement where relevant
4. Amendment and Restatement: Express provisions regarding how this agreement amends and restates the original agreement
5. Loan Details: Principal amount, interest rate, term, and any modifications to these from the original agreement
6. Drawdown: Conditions precedent, drawdown mechanics, and any remaining availability
7. Interest and Fees: Interest calculation, payment periods, default interest, and applicable fees
8. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
9. Representations and Warranties: Updated statements of fact and assurances from the borrower
10. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements
11. Events of Default: Circumstances constituting default and consequences
12. Security: Overview of security arrangements and their continuation under the amended agreement
13. General Provisions: Standard clauses including notices, assignments, amendments, governing law
1. Guarantees: Required if there are third-party guarantors for the loan
2. Syndication Provisions: Required for syndicated loans with multiple lenders
3. Increased Costs and Market Disruption: Typically included for larger commercial loans or where BBSY/BBSW rates are used
4. Tax Provisions: Detailed tax provisions for complex commercial loans or cross-border transactions
5. Currency Provisions: Required if the loan involves multiple currencies
6. Additional Security Provisions: Required for complex security arrangements or multiple security types
7. Subordination Provisions: Required if there are multiple creditors with different priorities
8. Environmental Undertakings: Required for loans involving real property or environmentally sensitive activities
1. Original Loan Agreement: Copy of the original loan agreement being amended
2. Conditions Precedent: List of conditions to be satisfied before the agreement becomes effective
3. Repayment Schedule: Detailed amortization or repayment schedule
4. Financial Covenants: Detailed financial covenant calculations and reporting requirements
5. Security Details: Comprehensive list and details of all security arrangements
6. Fee Schedule: Detailed breakdown of all applicable fees
7. Form of Drawdown Notice: Template for requesting drawdowns under the facility
8. Form of Compliance Certificate: Template for periodic compliance reporting
9. Amendment Details: Detailed list of specific amendments made to the original agreement
Authors
Banking and Financial Services
Commercial Real Estate
Infrastructure
Mining and Resources
Manufacturing
Retail
Agriculture
Healthcare
Technology
Telecommunications
Transport and Logistics
Energy and Utilities
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Commercial Lending
Document Management
Corporate Advisory
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Credit Manager
Risk Manager
Compliance Officer
Banking Relationship Manager
Loan Officer
Financial Controller
Company Secretary
Managing Director
Commercial Director
Senior Finance Manager
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