The Credit Facilities Agreement serves as the primary legal document governing the lending relationship between financial institutions and borrowers in Malta. It is essential for any lending transaction, whether for corporate financing, project development, or business expansion. The agreement must comply with Malta's sophisticated financial services regulatory framework, including the Banking Act (Chapter 371) and Financial Institutions Act (Chapter 376), while also adhering to EU banking regulations. This document is particularly crucial in Malta's growing financial services sector, where it facilitates both domestic and international lending transactions. The agreement typically includes detailed provisions on facility terms, security arrangements, borrower obligations, and regulatory compliance requirements, making it suitable for various lending scenarios while ensuring protection for all parties involved.
Credit Facilities Agreement for Malta
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Key Requirements PROMPT example:
Credit Facilities Agreement
"I need a Credit Facilities Agreement under Maltese law for a 鈧5 million secured term loan facility to be provided by Bank of Malta plc to a real estate development company, with drawdown expected by March 2025 and including specific covenants related to the property development project."
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1. Parties: Identifies the lender(s) and borrower(s), including their registered addresses and company registration details
2. Background: Sets out the context of the agreement and purpose of the facility
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Facility: Details the type, amount, and purpose of the credit facility being provided
5. Conditions Precedent: Lists the conditions that must be satisfied before the facility becomes available
6. Drawdown: Specifies the drawdown mechanics, notice requirements, and availability period
7. Interest: Details interest rates, calculation methods, and payment periods
8. Repayment: Sets out the repayment schedule, methods, and prepayment provisions
9. Fees and Costs: Specifies all fees, charges, and costs associated with the facility
10. Representations and Warranties: Lists the borrower's representations and warranties
11. Covenants: Details positive and negative covenants binding the borrower
12. Events of Default: Defines events triggering default and the lender's rights upon default
13. Changes to Parties: Addresses assignment and transfer provisions
14. Notices: Specifies how formal communications between parties should be made
15. Governing Law and Jurisdiction: Confirms Maltese law as governing law and jurisdiction for disputes
1. Security: Required when the facility is secured, detailing the security package and enforcement rights
2. Guarantees: Required when third-party guarantees are part of the credit support structure
3. Syndication Provisions: Required for syndicated facilities, detailing the relationship between multiple lenders
4. Regulatory Compliance: Additional section for regulated borrowers or specific regulatory requirements
5. Data Protection: Detailed privacy provisions when dealing with personal data processing
6. Currency Provisions: Required for multi-currency facilities
7. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required
8. Account Bank Provisions: Required when specific account maintenance and operation requirements exist
9. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border facilities or complex tax structures
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request drawings under the facility
3. Repayment Schedule: Detailed amortization or repayment schedule
4. Form of Compliance Certificate: Template for periodic compliance certification
5. Security Documents: List and copies of all security documents
6. Permitted Security: List of pre-approved security interests
7. Form of Transfer Certificate: Template for transferring interests in the facility
8. Financial Covenants: Detailed financial covenants and calculation methodologies
9. Existing Indebtedness: Schedule of borrower's existing debt obligations
10. Bank Account Details: Details of designated accounts for payments
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Retail
Healthcare
Technology
Tourism and Hospitality
Maritime
Construction
Energy
Transportation
Agriculture
Education
Professional Services
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Credit
Corporate Banking
Operations
Business Development
Regulatory Affairs
Company Secretariat
Corporate Finance
Transaction Banking
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Treasury Manager
Corporate Banker
Relationship Manager
Financial Controller
Business Development Manager
Company Secretary
Managing Director
Finance Manager
Credit Analyst
Legal Director
Banking Operations Manager
Regulatory Compliance Manager
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