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Credit Facility Agreement for Malta

Credit Facility Agreement Template for Malta

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Credit Facility Agreement

"I need a Credit Facility Agreement for a 鈧5 million secured loan to be provided by Bank of Malta plc to a real estate development company, with the property under development serving as collateral and a personal guarantee from the company director."

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Credit Facility Agreement

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What is a Credit Facility Agreement?

The Credit Facility Agreement is a fundamental financing document used when a lender (typically a bank or financial institution) agrees to provide credit to a borrower in Malta. It serves as the primary document governing the lending relationship, detailing crucial elements such as facility limits, drawdown mechanisms, interest calculations, repayment schedules, and security requirements. The agreement must comply with Maltese banking laws and financial services regulations, including the Banking Act and Financial Institutions Act. It's particularly important for business financing, property acquisition, and working capital facilities. The document includes comprehensive provisions for events of default, enforcement mechanisms, and remedies available under Maltese law, making it essential for both secured and unsecured lending transactions.

What sections should be included in a Credit Facility Agreement?

1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Facility: Details of the credit facility including amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before drawdown

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

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

8. Repayment: Terms for repayment of the facility

9. Prepayment: Provisions for early repayment and any associated fees

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

11. Covenants: Positive and negative obligations 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. Payments: Payment mechanics, currency, and set-off rights

15. Notices: Communication methods and contact details

16. Calculations and Certificates: Rules for calculations and evidential value of certificates

17. General Provisions: Miscellaneous legal provisions including severability and amendments

18. Governing Law and Jurisdiction: Maltese law as governing law and jurisdiction provisions

What sections are optional to include in a Credit Facility Agreement?

1. Security: Required when the facility is secured by specific assets or guarantees

2. Guarantee: Used when there are third-party guarantors for the facility

3. Agent and Security Trustee Provisions: Required for syndicated facilities with multiple lenders

4. Tax Provisions: Detailed tax provisions when cross-border elements exist

5. Increased Costs: Provisions for regulatory changes affecting lender's costs

6. Market Disruption: Provisions for handling market disruption events

7. Multiple Borrowers: Additional provisions for facilities with multiple borrowers

8. Currency Provisions: Required for multi-currency facilities

What schedules should be included in a Credit Facility Agreement?

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

2. Schedule 2 - Drawdown Request Form: Form for requesting drawdown of the facility

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

4. Schedule 4 - Security Documents: List and copies of security documents if applicable

5. Schedule 5 - Fee Schedule: Detailed breakdown of all applicable fees

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

7. Schedule 7 - Form of Transfer Certificate: Standard form for transferring interests in the facility

8. Appendix A - Contact Details: Detailed contact information for all parties

Authors

Alex Denne

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

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Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Retail

Healthcare

Technology

Construction

Hospitality

Energy

Transport and Logistics

Agriculture

Professional Services

Education

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Corporate Banking

Commercial Banking

Documentation

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Manager

Credit Manager

Risk Manager

Compliance Officer

Treasury Manager

Financial Controller

Company Secretary

Relationship Manager

Credit Analyst

Legal Director

Banking Officer

Finance Manager

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