The Loan Agreement And Promissory Note is a vital financial instrument used in Malta for both commercial and personal lending transactions. It serves dual purposes: first, as a comprehensive loan agreement detailing the terms of borrowing, and second, as a negotiable instrument in the form of a promissory note that provides additional security to the lender. This document type is particularly relevant when lenders require enhanced enforceability under Maltese law, as it combines the detailed provisions of a loan agreement with the streamlined enforcement mechanisms available through a promissory note. It's commonly used by banks, financial institutions, and private lenders in Malta, incorporating requirements from the Civil Code, Commercial Code, and financial services regulations. The document is especially useful for structured lending transactions where the lender seeks both contractual protections and the benefits of holding a negotiable instrument.
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1. Parties: Identification of the Lender and Borrower with full legal names, registration numbers (if companies), and addresses
2. Background: Context of the loan arrangement and relationship between the parties
3. Definitions: Key terms used throughout the agreement including Loan Amount, Interest Rate, Maturity Date, and Payment Schedule
4. Loan Terms: Core loan provisions including amount, purpose, interest rate, term, and disbursement conditions
5. Promissory Note Terms: Specific provisions relating to the promissory note, including issuance, presentation, and payment requirements
6. Repayment Terms: Details of repayment schedule, method of payment, and prepayment provisions
7. Interest and Fees: Calculation and payment of interest, default interest, and any applicable fees
8. Representations and Warranties: Standard declarations by the Borrower about their legal capacity and financial condition
9. Covenants: Ongoing obligations of the Borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences thereof
11. Remedies: Lender's rights and remedies upon default
12. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction of Maltese courts
13. Notices: Process for formal communications between parties
14. Execution: Signature blocks and execution requirements for both agreement and promissory note
1. Security: Include when the loan is secured by collateral or assets
2. Guarantees: Include when there is a guarantor for the loan
3. Insurance Requirements: Include when specific insurance must be maintained on collateral
4. Financial Covenants: Include for corporate borrowers when financial ratios must be maintained
5. Tax Provisions: Include when there are specific tax implications or withholding requirements
6. Assignment and Transfer: Include when either party may need to transfer rights under the agreement
7. Joint and Several Liability: Include when there are multiple borrowers
8. Change of Control: Include for corporate borrowers to address ownership changes
9. Force Majeure: Include when specific circumstances might affect loan performance
1. Schedule 1 - Payment Schedule: Detailed amortization schedule showing principal and interest payments
2. Schedule 2 - Form of Promissory Note: Template promissory note meeting requirements of Maltese law
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan disbursement
4. Schedule 4 - Security Details: Description of any collateral or security arrangements
5. Schedule 5 - Drawdown Notice: Form for requesting loan disbursement
6. Appendix A - Compliance Certificate: Template for periodic compliance certification if required
7. Appendix B - Calculation of Interest: Detailed methodology for interest calculations
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