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Amended And Restated Loan Agreement

Amended And Restated Loan Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Amended And Restated Loan Agreement

"I need an Amended and Restated Loan Agreement under UAE law for a AED 500 million conventional facility to a real estate developer, incorporating additional security over newly acquired properties and extending the maturity date to March 2025."

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Document background
The Amended and Restated Loan Agreement is utilized when parties need to substantially modify an existing loan arrangement while maintaining the continuity of the lending relationship. This document type is particularly relevant in the UAE context, where it must comply with both civil law principles and Islamic finance considerations. It is commonly used when there are significant changes to commercial terms, addition or removal of parties, modifications to security arrangements, or updates required for regulatory compliance. The agreement consolidates all previous amendments and modifications into a single, comprehensive document that replaces the original loan agreement while preserving the original debt. Given the UAE's sophisticated banking sector and its position as a major financial center, these agreements often involve complex financial structures and must address specific requirements of UAE federal laws, Central Bank regulations, and commercial practices.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers

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

3. Definitions and Interpretation: Comprehensive definitions including both original and new terms, interpretation rules, and currency conventions

4. Amendment and Restatement: Express provisions regarding the amendment and restatement of the original agreement

5. The Facility: Details of the loan facility, including amount, purpose, and any tranches or sub-facilities

6. Conditions Precedent: Conditions that must be satisfied before drawdown, including both original and new conditions

7. Drawdown: Procedures and requirements for utilizing the loan facility

8. Interest: Interest calculation, periods, and payment terms, ensuring compliance with UAE laws on interest

9. Repayment: Repayment schedule, prepayment provisions, and payment mechanics

10. Representations and Warranties: Updated representations and warranties from the borrower

11. Covenants: Financial and non-financial covenants, including information covenants

12. Events of Default: Comprehensive list of events triggering default and consequences

13. Changes to Parties: Provisions for transfers, assignments, and changes in lenders or borrowers

14. Administration: Administrative provisions including notices, calculations, and payment conventions

15. Governing Law and Jurisdiction: UAE law as governing law and jurisdiction provisions

Optional Sections

1. Security: Required if the loan is secured - details of security arrangements and enforcement rights

2. Guarantees: Required if there are guarantors - terms of guarantees and guarantor obligations

3. Islamic Finance Provisions: Required for Sharia-compliant facilities - specific provisions ensuring compliance with Islamic finance principles

4. Syndication Provisions: Required for syndicated loans - provisions governing relationship between multiple lenders

5. Intercreditor Provisions: Required if multiple creditors are involved - provisions governing creditor rankings and relationships

6. Property Provisions: Required if real estate is involved - specific provisions relating to property security and UAE real estate laws

7. Currency Provisions: Required for multi-currency facilities - provisions for currency conversion and exchange rates

8. Agency Provisions: Required for syndicated facilities - provisions governing the role of facility/security agent

Suggested Schedules

1. Original Loan Agreement: Copy of the original loan agreement being amended and restated

2. Conditions Precedent: Detailed list of required documents and conditions

3. Form of Drawdown Request: Template for borrower to request loan disbursements

4. Repayment Schedule: Detailed schedule of repayment dates and amounts

5. Security Documents: List and copies of all security documents

6. Financial Covenants: Detailed financial covenant calculations and thresholds

7. Form of Transfer Certificate: Template for transferring loan participations

8. Existing Security Interests: List of permitted existing security interests

9. Form of Compliance Certificate: Template for periodic compliance certification

10. Contact Details: Contact information for all parties and their representatives

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Accordion Facility
Account Bank
Additional Lender
Affiliate
Agent
Amendment Date
Amendment and Restatement Agreement
Applicable Law
Authorisation
Available Commitment
Available Facility
Break Costs
Business Day
Central Bank
Change of Control
Commitment
Compliance Certificate
Confidential Information
Default
Default Rate
Disruption Event
EBITDA
Effective Date
Event of Default
Existing Security
Facility
Facility Office
Finance Document
Finance Party
Financial Indebtedness
Financial Statements
Government Authority
Group
Guarantor
Holding Company
Increased Costs
Interest Period
Interest Rate
Islamic Finance Documents
Legal Reservation
Lender
LIBOR
Loan
Majority Lenders
Margin
Material Adverse Effect
Month
Notice
Obligor
Original Agreement
Original Financial Statements
Original Jurisdiction
Original Lender
Original Obligor
Party
Permitted Security Interest
Potential Event of Default
Principal Outstanding
Profit Rate
Qualifying Lender
Quotation Day
Reference Banks
Relevant Market
Repayment Date
Repeating Representations
Replacement Lender
Representative
Screen Rate
Security
Security Agent
Security Document
Security Property
Specified Time
Subsidiary
Tax
Total Commitments
Transfer Certificate
Transfer Date
UAE
Unpaid Sum
Utilisation
Utilisation Date
Utilisation Request
VAT
Clauses
Interpretation
Amendment and Restatement
Facility Terms
Purpose
Conditions Precedent
Utilisation
Interest
Profit Rate
Islamic Finance
Repayment
Prepayment
Cancellation
Tax Gross-Up
Increased Costs
Representations
Information Covenants
Financial Covenants
General Covenants
Events of Default
Security
Guarantee
Set-Off
Payment Mechanics
Currency Provisions
Changes to Parties
Assignment and Transfer
Amendments and Waivers
Confidentiality
Notices
Calculations
Severability
Counterparts
Governing Law
Enforcement
Jurisdiction
Process Agent
Relevant Industries

Banking & Financial Services

Real Estate & Construction

Energy & Natural Resources

Infrastructure & Projects

Healthcare

Hospitality & Tourism

Manufacturing & Industrial

Technology & Telecommunications

Trading & Commercial

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Credit

Corporate Finance

Investment

Executive Management

Islamic Finance

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Compliance Officer

Risk Manager

Corporate Secretary

Banking Relationship Manager

Credit Officer

Finance Manager

Corporate Finance Manager

Investment Manager

Managing Director

Chief Executive Officer

Loan Officer

Transaction Manager

Islamic Finance Specialist

Industries
UAE Federal Law No. 5 of 1985 (Civil Code): Governs general contractual principles, obligations, and civil transactions. Key for contract formation, validity, and enforcement.
UAE Federal Law No. 18 of 1993 (Commercial Code): Regulates commercial transactions and business activities, including commercial lending and securities.
UAE Federal Law No. 14 of 2018 (UAE Central Bank Law): Regulates banking activities, financial institutions, and lending operations in the UAE.
UAE Federal Law No. 19 of 2019 (Anti-Money Laundering Law): Must be considered for compliance requirements in financial transactions and loan documentation.
UAE Federal Decree Law No. 32 of 2021 (Commercial Companies Law): Relevant for corporate borrowing and lending, including corporate authority and capacity to borrow.
UAE Bankruptcy Law (Federal Decree Law No. 9 of 2016): Important for default provisions and enforcement mechanisms in loan agreements.
Federal Law No. 4 of 2000 (UAE Securities Law): Applicable if the loan involves any securities or convertible instruments as collateral.
Islamic Banking Regulations: Required consideration for Sharia-compliant financing structures and interest provisions.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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