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Deed Of Amendment And Restatement

Deed Of Amendment And Restatement Template for New Zealand

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Key Requirements PROMPT example:

Deed Of Amendment And Restatement

"I need a Deed of Amendment and Restatement governed by New Zealand law to modify our existing shareholders' agreement dated March 2022, incorporating new provisions for digital voting rights and updating the pre-emptive rights clauses, with the changes to take effect from January 15, 2025."

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Document background
The Deed of Amendment and Restatement is a crucial legal instrument used in New Zealand when parties need to make substantial changes to an existing agreement while maintaining its historical context and continuity. This document type is particularly valuable in complex commercial arrangements where tracking changes and maintaining a clear record of modifications is essential. It combines both the amendment function (specifying what changes are being made) and the restatement function (providing a clean, updated version of the entire agreement). The deed format, which carries specific execution requirements under New Zealand law, provides additional formality and enforceability compared to simple contracts. This document is commonly used in financial transactions, corporate restructuring, property dealings, and other commercial arrangements where certainty and formal documentation of changes are paramount. The deed must comply with New Zealand's Property Law Act 2007 and other relevant legislation regarding execution requirements and registration where applicable.
Suggested Sections

1. Parties: Identifies all parties to the deed, including the parties to the original agreement

2. Background: Recitals explaining the original agreement, reason for amendments, and intention to restate

3. Definitions: Defines key terms, including references to the original agreement and any prior amendments

4. Interpretation: Rules for interpreting the deed, including relationship with original agreement

5. Amendment and Restatement: Core provision stating that the original agreement is amended and restated as set out in the schedule

6. Effective Date: Specifies when the amendments take effect

7. Confirmation: Confirms the continuing validity of the original agreement as amended

8. Accrued Rights: Preserves rights and obligations that accrued before the amendment date

9. Costs: Addresses responsibility for costs related to the preparation and execution of the deed

10. Governing Law: Confirms New Zealand law as governing law

11. Execution: Formal execution block meeting New Zealand deed requirements

Optional Sections

1. Conditions Precedent: Include if amendments are subject to certain conditions being met

2. Consents and Approvals: Include if third-party consents are required for the amendments

3. Tax Provisions: Include if amendments have specific tax implications that need to be addressed

4. Transitional Provisions: Include if special arrangements are needed to transition between old and new provisions

5. Further Assurance: Include if parties need to take additional actions to give effect to the amendments

6. Severability: Include if there's risk that certain amendments might be invalid or unenforceable

7. Counterparts: Include if deed may be executed in counterparts

Suggested Schedules

1. Schedule 1 - Restated Agreement: Clean version of the agreement as amended and restated

2. Schedule 2 - Amendments: Detailed list of all amendments made to the original agreement

3. Schedule 3 - Original Agreement: Copy of the original agreement being amended

4. Schedule 4 - Prior Amendments: Copies of any prior amendments to the original agreement

5. Appendix A - Comparison Version: Blackline showing changes between original and restated agreement

6. Schedule 5 - Required Consents: List of third-party consents obtained or required, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Financial Services

Real Estate

Construction

Infrastructure

Energy

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Agriculture

Manufacturing

Technology

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Healthcare

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Retail

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Relevant Teams

Legal

Compliance

Corporate Secretariat

Risk Management

Finance

Commercial Operations

Business Development

Project Management

Corporate Affairs

Treasury

Governance

Relevant Roles

Legal Counsel

Corporate Lawyer

Commercial Manager

Contract Manager

Company Secretary

Chief Legal Officer

Compliance Officer

General Counsel

Legal Director

Transaction Manager

Project Manager

Business Development Manager

Risk Manager

Corporate Secretary

Partner (Law Firm)

Senior Associate

Finance Director

Chief Financial Officer

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