The Vendor Finance Agreement is a specialized financing instrument used when a supplier wishes to provide direct financing to their customers for the purchase of goods or services. This document is particularly relevant in the Malaysian market where businesses often seek alternative financing options outside traditional banking channels. The agreement must comply with Malaysian financial regulations, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. It typically includes detailed terms covering the financing amount, repayment schedule, security arrangements, events of default, and enforcement mechanisms. This type of agreement is commonly used for large equipment purchases, technology implementations, or other significant capital expenditures where customers require flexible financing options directly from their suppliers.
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1. Parties: Identification of the vendor/financier and the customer/borrower
2. Background: Context of the financing arrangement and relationship between parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Facility Amount and Purpose: Details of the financing amount and its intended use
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown and Disbursement: Procedures and requirements for accessing the facility
7. Interest/Profit Rate and Fees: Applicable interest/profit rates, calculation methods, and associated fees
8. Repayment Terms: Payment schedule, methods, and terms of repayment
9. Security: Details of security/collateral provided for the facility
10. Representations and Warranties: Standard declarations by the borrower about their legal and financial status
11. Covenants: Ongoing obligations of the borrower during the facility period
12. Events of Default: Circumstances constituting default and consequences
13. Termination: Conditions and procedures for terminating the agreement
14. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Islamic Finance Provisions: Required when the facility is Shariah-compliant, including specific Islamic financing structures
2. Guarantee: Include when there is a third-party guarantor for the facility
3. Assignment and Transfer: Include when rights under the agreement may be assigned or transferred
4. Insurance: Required when specific insurance coverage is mandatory for the facility
5. Tax Provisions: Include detailed tax clauses when tax implications are significant
6. Cross-Default: Include when linking defaults under other facilities or agreements
7. Joint and Several Liability: Required when there are multiple borrowers
8. Currency and Exchange Rate: Include for facilities involving foreign currency
1. Facility Details: Detailed terms of the facility including amount, tenure, and purpose
2. Repayment Schedule: Detailed payment schedule with dates and amounts
3. Security Details: Specific description of security/collateral provided
4. Conditions Precedent Documents: List of required documents and conditions
5. Fee Schedule: Breakdown of all applicable fees and charges
6. Form of Drawdown Notice: Template for drawdown requests
7. Calculation of Interest/Profit: Detailed methodology for calculating interest/profit
8. Insurance Requirements: Specific insurance requirements and coverage details
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology and Software
Industrial Equipment
Construction
Healthcare
Automotive
Telecommunications
Energy and Utilities
Agriculture
Mining and Resources
Retail
Logistics and Transportation
Relevant Teams
Legal
Finance
Treasury
Risk Management
Procurement
Sales
Commercial
Compliance
Credit Control
Business Development
Company Secretarial
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Director
Credit Manager
Risk Manager
Treasury Manager
Procurement Manager
Sales Director
Contract Manager
Business Development Manager
Financial Controller
Compliance Officer
Account Manager
Corporate Secretary
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