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The Amended And Restated Loan Agreement is utilized when parties need to substantially modify an existing loan arrangement while maintaining certain aspects of the original agreement. This document type is commonly used in New Zealand's financial and corporate sectors when significant changes to loan terms are required, such as modifications to interest rates, repayment schedules, or security arrangements. It serves to consolidate the original agreement and all subsequent amendments into a single, comprehensive document, providing clarity and certainty for all parties involved. The agreement must comply with New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017, Credit Contracts and Consumer Finance Act 2003 (where applicable), and financial markets legislation. It's particularly relevant in scenarios involving refinancing, corporate restructuring, or when the complexity of multiple amendments necessitates a fresh, consolidated agreement.

1. Parties: Identification of the lender(s) and borrower(s), including registration numbers for companies

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

3. Definitions and Interpretation: Defined terms, including both original and new definitions, and interpretation rules

4. Amendment and Restatement: Express provisions regarding the amendment and restatement of the original agreement, including effective date

5. Facility Details: Core loan terms including amount, purpose, availability period, and repayment terms

6. Interest and Fees: Interest calculation, payment dates, default interest, and all applicable fees

7. Repayment and Prepayment: Repayment schedule, prepayment rights and conditions

8. Conditions Precedent: Conditions to be satisfied before the amended agreement becomes effective

9. Representations and Warranties: Borrower's confirmations about their status and capacity

10. Undertakings: Ongoing obligations of the borrower, including financial covenants

11. Events of Default: Circumstances constituting default and consequences

12. Changes to Parties: Rules for assignment and transfer by either party

13. Administration: Mechanics of payments, calculations, and notices

14. Governing Law and Enforcement: New Zealand law as governing law and enforcement provisions