The Credit Facility Agreement serves as the primary documentation for lending arrangements in Malaysia, typically used when a financial institution extends credit to corporate or individual borrowers. It is essential for various financing purposes, including working capital, asset acquisition, project financing, or business expansion. The agreement must comply with Malaysian banking regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia guidelines, while incorporating necessary security arrangements and protection mechanisms for all parties. The document's structure and content are influenced by Malaysian common law principles and local banking practices, requiring careful consideration of both regulatory requirements and commercial needs. It includes detailed provisions for facility terms, drawdown mechanisms, security arrangements, representations and warranties, covenants, and events of default.
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1. Parties: Identification of the lender(s) and borrower(s) with full legal names and registration/identification numbers
2. Background: Recitals explaining the context of the facility and the parties' intentions
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. The Facility: Details of the credit facility including amount, purpose, and availability period
5. Conditions Precedent: List of documents and conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest rate, calculation method, payment periods, and default interest provisions
8. Repayment: Terms and schedule of repayment, including prepayment provisions
9. Security: Overview of security arrangements and cross-references to security documents
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Positive and negative undertakings by the borrower
12. Events of Default: Circumstances that would trigger default and the lender's remedies
13. Changes to Parties: Provisions regarding assignment, transfer, and novation
14. Payments: Payment mechanics, currency, and set-off rights
15. Notices: Communication methods and contact details for formal notices
16. General Provisions: Standard boilerplate clauses including severability, amendments, and governing law
17. Execution: Signature blocks and attestation requirements
1. Islamic Banking Provisions: Required for Shariah-compliant facilities, including specific terms to ensure compliance with Islamic banking principles
2. Syndication Provisions: Required for syndicated facilities, including facility agent and security trustee provisions
3. Guarantee: Include when there are corporate or personal guarantors for the facility
4. Foreign Currency Provisions: Required when the facility is provided in foreign currency
5. Property Security Provisions: Specific provisions when real property is provided as security
6. Insurance: Detailed insurance requirements when specific assets are secured
7. Environmental Compliance: Required for projects or businesses with environmental impact considerations
8. Construction Drawdown: Specific provisions for construction or development financing
9. Multi-currency Options: Required when the facility offers multiple currency options
1. Facility Terms: Detailed commercial terms including facility amount, interest rates, fees, and repayment schedule
2. Conditions Precedent Documents: List of required documents and evidence to be provided before drawdown
3. Form of Drawdown Notice: Standard form for requesting drawdown of the facility
4. Security Documents: List and copies of all security documents
5. Repayment Schedule: Detailed amortization schedule if applicable
6. Fee Schedule: Breakdown of all applicable fees and charges
7. Calculation of Interest: Detailed methodology for interest calculation
8. Form of Transfer Certificate: Standard form for transferring rights and obligations
9. Property Details: Details of secured properties if applicable
10. Authorized Signatories: List of persons authorized to sign drawdown notices and other communications
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Construction
Manufacturing
Retail and Commerce
Agriculture
Technology and Communications
Healthcare
Education
Infrastructure
Energy and Utilities
Hospitality and Tourism
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Loan Operations
Documentation
Risk Management
Corporate Secretarial
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Lawyer
Finance Manager
Treasury Manager
Credit Risk Manager
Compliance Officer
Company Secretary
Relationship Manager
Credit Analyst
Financial Controller
Banking Operations Manager
Security Documentation Officer
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