The Facility Agreement serves as the primary document governing lending arrangements in Malta, establishing the legal and commercial relationship between lenders and borrowers. It is commonly used for both bilateral and syndicated lending transactions, structured in compliance with the Maltese Banking Act and Financial Institutions Act. The document typically includes detailed provisions on facility terms, conditions precedent, drawdown mechanics, repayment obligations, security arrangements, and standard protections for lenders. The agreement must incorporate specific requirements under Maltese law while often following international lending practices. It is particularly important for corporate financing, project finance, and general commercial lending activities, providing a comprehensive framework for the rights and obligations of all parties involved.
Facility Agreement for Malta
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Key Requirements PROMPT example:
Facility Agreement
"I need a bilateral Facility Agreement under Maltese law for a 鈧5 million secured term loan to a real estate company, with quarterly repayments starting March 2025 and including standard covenants for property financing."
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1. Parties: Identifies the lender(s), borrower(s), and any other parties to the agreement
2. Background: Describes the context and purpose of the facility
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Facility: Sets out the basic terms of the facility, including amount, purpose, and availability
5. Conditions Precedent: Lists conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for utilizing the facility
7. Interest: Interest calculation, periods, and payment provisions
8. Repayment: Terms for repayment of the facility
9. Prepayment: Provisions for voluntary and mandatory prepayment
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Information Undertakings: Obligations to provide financial and other information
12. Financial Covenants: Financial ratios and tests the borrower must maintain
13. General Undertakings: General positive and negative obligations of the borrower
14. Events of Default: Circumstances that trigger default and enforcement rights
15. Changes to Parties: Provisions for transfers and assignments
16. Administration: Operational provisions including payments and calculations
17. Notices: Communication procedures between parties
18. Governing Law and Enforcement: Choice of law and jurisdiction provisions
1. Multiple Currencies: Required if the facility can be drawn in different currencies
2. Guarantees: Required if there are guarantors supporting the facility
3. Security: Required if the facility is secured by any assets
4. Syndication Provisions: Required for syndicated facilities with multiple lenders
5. Increased Costs: Protection for lenders against regulatory changes
6. Market Disruption: Provisions dealing with market disruption events
7. Tax Gross-Up and Indemnities: Required if tax provisions are relevant
8. Agent and Security Trustee: Required for syndicated or secured facilities
1. Conditions Precedent Documents: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request facility utilization
3. Form of Transfer Certificate: Template for transferring commitments between lenders
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Form of Compliance Certificate: Template for periodic compliance certification
6. Financial Covenants Calculations: Detailed methodology for financial covenant calculations
7. Security Documents: Forms of security documents if facility is secured
8. Existing Security and Permitted Financial Indebtedness: Lists of permitted exceptions
9. Form of Accession Deed: Template for new parties joining the agreement
10. Contact Details: List of administrative details for all parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Retail
Healthcare
Technology
Infrastructure
Energy
Transportation
Hospitality
Construction
Telecommunications
Maritime
Aviation
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Loan Administration
Risk Management
Corporate Finance
Banking Operations
Deal Advisory
Transaction Management
Documentation
Regulatory Affairs
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Relationship Manager
Credit Manager
Risk Manager
Compliance Officer
Financial Controller
Corporate Secretary
Investment Manager
Project Finance Manager
Loan Officer
Director of Banking
Head of Credit
Chief Legal Officer
Finance Manager
Banking Operations Manager
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