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Facilities Agreement Template for Malaysia

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Key Requirements PROMPT example:

Facilities Agreement

"I need a Malaysian law Facilities Agreement for a RM50 million term loan facility to finance a real estate development project in Kuala Lumpur, with drawdown expected by March 2025 and including standard security provisions for land and project assets."

Document background
The Facilities Agreement is a crucial document in Malaysian corporate financing that establishes the legal framework for lending arrangements between financial institutions and borrowers. It is used when a lender agrees to provide financial facilities such as term loans, revolving credits, or Islamic financing to a borrower. The agreement must comply with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. It contains detailed provisions on facility terms, security arrangements, representations and warranties, covenants, and events of default. The document is essential for both conventional and Islamic banking transactions in Malaysia's dual banking system and must incorporate local legal requirements, including security registration, stamp duty provisions, and Central Bank guidelines.
Suggested Sections

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

2. Background: Context of the facility arrangement and purpose of the loan

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules

4. The Facilities: Description of the facility type(s), amount(s), and purpose

5. Conditions Precedent: Prerequisites that must be satisfied before facility utilization

6. Utilisation: Procedures and requirements for drawing down the facility

7. Interest: Interest rates, calculation methods, and payment provisions

8. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

9. Security: Overview of security arrangements and enforcement rights

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

11. Covenants: Positive and negative undertakings of the borrower

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Rules for assignment and transfer of rights/obligations

14. Administration: Operational aspects including payments, calculations, and notices

15. Governing Law and Enforcement: Choice of law and jurisdiction provisions

Optional Sections

1. Islamic Banking Provisions: Required when the facility is Shariah-compliant, including specific Islamic banking principles and requirements

2. Syndication Provisions: Required for syndicated facilities, including roles of facility agent and security trustee

3. Increased Costs and Tax Provisions: Detailed provisions for addressing regulatory changes and tax implications, typically for larger facilities

4. Market Disruption: Provisions dealing with LIBOR/KLIBOR discontinuation or market disruption events

5. Multi-currency Provisions: Required when the facility allows drawdowns in multiple currencies

6. Security Trustee Provisions: Required when security is held on trust for multiple lenders

7. Commodity Murabahah Provisions: Specific provisions for Islamic facilities structured as commodity murabahah

8. Force Majeure: Specific provisions dealing with unforeseen circumstances affecting facility performance

Suggested Schedules

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

2. Form of Utilisation Request: Standard form for drawdown requests

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

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

5. Form of Transfer Certificate: Standard form for transferring facility participations

6. Calculation of the Interest Rate: Detailed methodology for interest calculation

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

8. Security Properties: Details of properties or assets provided as security

9. Existing Encumbrances: List of permitted existing security interests

10. Form of Notices: Standard forms for various notices under the agreement

Authors

Alex Denne

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

Relevant legal definitions



































































Clauses







































Relevant Industries

Banking and Financial Services

Corporate Finance

Real Estate

Manufacturing

Construction

Infrastructure

Energy

Telecommunications

Healthcare

Retail

Hospitality

Technology

Agriculture

Mining and Resources

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Corporate Banking

Islamic Banking

Documentation

Corporate Finance

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Credit Manager

Banking Relationship Manager

Loan Officer

Company Secretary

Financial Controller

Islamic Banking Officer

Security Documentation Officer

Corporate Finance Manager

Business Development Manager

Industries









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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