Amendment and restatement agreement: for an unsecured bilateral facility agreement with or without a guarantee
Amendment and restatement agreement: for an unsecured bilateral facility agreement with or without a guarantee

The following Banking & Finance guidance note provides comprehensive and up to date legal information covering:

  • Amendment and restatement agreement: for an unsecured bilateral facility agreement with or without a guarantee
  • Parties
  • Background
  • Schedule 1Amendment Conditions Precedent
  • Schedule 2Amended and Restated Facility Agreement
  • EXECUTION PAGE

This Agreement is made on [date]

Parties

  1. 1

    [insert name of Borrower], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Borrower); [and]

  1. 2

    [[insert name of Guarantor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Guarantor); and]

  1. 3

    [insert name of Lender] of [insert address] (the Lender).

Background

  1. (A)

    The Lender made available a loan facility to the Borrower on the terms and conditions set out in the Facility Agreement (as defined below).

  2. (B)

    The Lender and the Borrower now wish to amend the Facility Agreement upon the terms and conditions of this Agreement.

IT IS AGREED as follows:

  1. 1

    Definitions and interpretation

    1. 1.1

      Definitions

    2. In this Agreement:

      Amendment Conditions Precedent

      1. means the documents and evidence listed in Schedule 1 (Amendment Conditions Precedent);

      Facility Agreement

      1. means the facility agreement dated [insert date of facility agreement] between the Borrower and the Lender; [and]

      [Guarantee

      1. means the guarantee dated [insert date of guarantee] between the Guarantor and the Lender; [and]]

      Party

      1. means a party to this