Amended and restated agreement

An amended and restated agreement is a revised version of an original contract that incorporates all previous amendments and modifications into a single, comprehensive document. This type of agreement clarifies the current terms and conditions, ensuring all parties have a clear understanding of their rights and obligations.

9 Amended and restated agreement examples

  • Description
    Pursuant to the Second Amended and Restated Agreement, the Lender agreed to make loans to Borrower, at the Borrower’s request from time to time, in the aggregate amount of up to $25 million.
    Document
    Cohen & Co Inc. (COHN)
  • Description
    The Third Amended and Restated Agreement contains customary events of default for a transaction of this type. If an event of default under the Third Amended and Restated Agreement occurs and is continuing, then the Lender may declare and cause all or any part of the loans thereunder and all other liabilities outstanding under the Third Amended and Restated Agreement to become immediately due and payable.
    Document
    Cohen & Co Inc. (COHN)
  • Description
    The Company has granted to the Participant the Restricted Stock Units described in this Amended and Restated Grant Notice (the “RSUs”), subject to the terms and conditions of the Plan and the Amended and Restated Restricted Stock Unit Agreement attached as Exhibit A (the “Amended and Restated Agreement”), both of which are incorporated into this Amended and Restated Grant Notice by reference. Capitalized terms not specifically defined in this Amended and Restated Restricted Stock Unit Grant Notice have the meanings given to them in the 2020 Equity Incentive Plan (as amended from time to time, the “Plan”) of PAE Incorporated (the “Company”).
    Document
    PAE Inc
  • Description
    By Participant’s signature below, Participant agrees to be bound by the terms of this Amended and Restated Grant Notice, the Plan and the Amended and Restated Agreement. Participant has reviewed the Plan, this Amended and Restated Grant Notice and the Amended and Restated Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Amended and Restated Grant Notice and fully understands all provisions of the Plan, this Amended and Restated Grant Notice and the Amended and Restated Agreement.
    Document
    PAE Inc
  • Description
    Participant hereby agrees that this Amended and Restated Grant Notice and the Amended and Restated Agreement supersede in their entirety the Grant Notice and the Agreement previously distributed to Participant in respect of the RSUs and that such documents shall have no further force or effect upon Participant’s signature below. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions arising under the Plan, this Amended and Restated Grant Notice or the Amended and Restated Agreement.
    Document
    PAE Inc
  • Description
    Capitalized terms not specifically defined in this Amended and Restated Agreement have the meanings specified in the Amended and Restated Grant Notice or, if not defined in the Amended and Restated Grant Notice, in the Plan.
    Document
    PAE Inc
  • Description
    The RSUs are subject to the terms and conditions set forth in this Amended and Restated Agreement and the Plan, which is incorporated herein by reference. In the event of any inconsistency between the Plan and this Amended and Restated Agreement, the terms of the Plan will control.
    Document
    PAE Inc
  • Description
    4.8 Amendment. The terms and conditions of this Amended and Restated Agreement and the RSUs may be amended by the Administrator as permitted by the Plan.
    Document
    PAE Inc
  • Description
    Amended and Restated Agreement and Declaration of Trust dated February 26, 2002 – Filed     as an Exhibit to Post-Effective Amendment No. 51 to the Registrant's Form N-1A     Registration Statement on April 30, 2003 and incorporated herein by reference.
    Document
    Voya INVESTORS TRUST

What is an Amended and Restated Agreement?

An Amended and Restated Agreement is a legal document that consolidates all the changes made to the original agreement into one single document. It revises, updates, and restates the terms of the original document and its subsequent amendments, effectively creating a new agreement that supersedes prior agreements.

When should I use an Amended and Restated Agreement?

You should use an Amended and Restated Agreement when:

  • Multiple amendments have been made to the original agreement, making it complex or unwieldy to follow.
  • There is a need to clearly reflect historical changes for better understanding and legal clarity.
  • Parties want to reaffirm their understanding while revising or updating terms without creating a completely new contract.
  • It is important to ensure that all parties are on the same page without referencing multiple amendment documents.

How do I write an Amended and Restated Agreement?

To write an Amended and Restated Agreement, you should:

  • Begin with a title specifying that the document is an amended and restated version.

    Amended and Restated [Agreement Title]

  • Include a recitals section that outlines the background and purpose of the agreement.

  • Clearly state the original agreement date, the parties involved, and reference any previous amendments.

  • Revisit each section of the original agreement, incorporating all amendments in the restated document.

  • Ensure the language is clear, precise, and reflects all agreed-upon terms and conditions.

  • Include a statement that confirms this document supersedes all prior agreements and amendments.

    THIS AMENDED AND RESTATED AGREEMENT (“Agreement”) is made as of [Date], by and between [Party A] and [Party B], hereby superseding all previous agreements and amendments.

  • Seek legal advice to ensure compliance with applicable laws and clarity of contractual terms.

  • Obtain signatures from all parties involved to confirm their agreement to the terms stated.

Which contracts typically contain an Amended and Restated Agreement?

Amended and Restated Agreements are common in various types of contracts, especially where complexity and a need for clarity arise, such as:

  • Corporate and Commercial Contracts, including partnership agreements or joint venture agreements, where company terms evolve over time.
  • License Agreements, especially in technology sectors where terms may need regular updates.
  • Loan and Financing Agreements, where changes to repayment schedules or terms are frequent.
  • Lease Agreements, with ongoing amendments due to terms or conditions changes over the lease term.

Using an amended and restated agreement clarifies terms and consolidates changes, providing a streamlined reference point for all parties involved.

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Amendment fee

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Amendment of bylaws

The "Amendment of Bylaws" clause outlines the procedures and requirements for making changes to the bylaws of an organization or entity. It typically specifies who has the authority to propose and approve amendments, as well as any voting thresholds or notice periods that must be met to implement such changes.

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Amendment to operating agreement

An amendment to an operating agreement is a modification or addition made to the terms and provisions of an existing operating agreement, typically used by LLCs. This clause outlines the process and requirements for making such changes, ensuring that all parties have a clear understanding of how amendments can be proposed, approved, and documented.

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