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The Amended and Restated Loan Agreement is used when parties to an existing loan agreement wish to make substantial modifications to their lending arrangement while maintaining the continuity of the original agreement. This document type is particularly useful in the Dutch legal context where maintaining clear documentation of financial obligations is crucial. It's commonly employed when multiple amendments have made the original agreement difficult to follow, when there are significant changes to commercial terms, or when new parties are joining the arrangement. The agreement consolidates all modifications into a single, coherent document that replaces the original agreement while preserving the original security interests and maintaining the priority date of the original loan. This approach is particularly important under Dutch law, which emphasizes clarity and certainty in contractual relationships, especially in financial transactions.

1. Parties: Identification of the lender(s), borrower(s), and any other parties to the agreement

2. Background: Recitals explaining the context of the original agreement and the reason for amendment and restatement

3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation

4. Amendment and Restatement: Provisions specifying how this agreement amends and restates the original agreement

5. The Facility: Details of the loan facility, including amount, purpose, and availability

6. Conditions Precedent: Conditions that must be satisfied before the amended agreement becomes effective

7. Repayment: Terms and schedule for repayment of the loan

8. Interest: Interest rate, calculation methods, and payment terms

9. Fees: All applicable fees including arrangement, commitment, and amendment fees

10. Tax Gross Up and Indemnities: Provisions for tax-related payments and indemnifications

11. Increased Costs: Provisions for dealing with changes in costs due to regulatory or legal changes

12. Representations and Warranties: Statements of fact and assurances given by the borrower

13. Information Undertakings: Borrower's obligations to provide financial and other information

14. General Undertakings: General covenants and obligations of the borrower

15. Events of Default: Circumstances that constitute default and their consequences

16. Changes to Parties: Provisions regarding assignment, transfer, and succession

17. Payment Mechanics: Procedures and requirements for making payments

18. Notices: Rules for giving notices under the agreement

19. Governing Law and Enforcement: Choice of Dutch law and jurisdiction provisions