The Loan and Guarantee Agreement is a fundamental financing document used in Malta when a lender provides financial facilities to a borrower with additional security in the form of a guarantee from one or more guarantors. This document type is essential for structured financing transactions under Maltese law, combining both the primary lending relationship and the guarantee obligations in a single instrument. It is commonly used for corporate financing, real estate transactions, business expansion, and working capital facilities. The agreement must comply with Maltese Civil Code requirements regarding both loans and guarantees, the Banking Act, and where applicable, consumer protection legislation and EU directives. The document typically includes detailed provisions on loan disbursement, repayment terms, guarantee enforcement, events of default, and security arrangements, providing comprehensive protection for all parties involved while ensuring legal certainty under Maltese jurisdiction.
Loan And Guarantee Agreement for Malta
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Loan And Guarantee Agreement
"I need a Loan and Guarantee Agreement under Maltese law for a 鈧5 million corporate loan to a manufacturing company, with three corporate guarantors from the same group of companies, including cross-guarantee provisions and quarterly financial reporting requirements."
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1. Parties: Identifies and defines all parties to the agreement - typically the Lender, Borrower, and Guarantor(s)
2. Background: Sets out the context of the loan and guarantee arrangement, including the purpose of the loan and the basis for the guarantee
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Loan: Details the principal terms of the loan including amount, purpose, and disbursement conditions
5. Interest and Fees: Specifies interest rates, calculation methods, fees, and payment terms
6. Repayment Terms: Sets out the repayment schedule, prepayment provisions, and payment mechanics
7. The Guarantee: Establishes the terms of the guarantee, including scope, limitations, and enforcement rights
8. Representations and Warranties: Contains statements of fact and assurances from the Borrower and Guarantor
9. Covenants: Details ongoing obligations of the Borrower and Guarantor during the loan term
10. Events of Default: Lists circumstances that constitute default and their consequences
11. Security: Details any security arrangements supporting the loan and guarantee
12. Payments and Calculations: Specifies payment mechanics, business day conventions, and calculation methodologies
13. Changes to Parties: Addresses assignment and transfer provisions
14. Notices: Sets out how formal communications between parties should be made
15. Governing Law and Jurisdiction: Confirms Maltese law as governing law and establishes jurisdiction for disputes
1. Multiple Guarantors Provisions: Additional provisions required when there is more than one guarantor, including joint and several liability terms
2. Currency Provisions: Required for multi-currency loans or when the loan is not in euros
3. Tax Gross-Up: Provisions dealing with tax withholding and gross-up obligations, particularly relevant for cross-border transactions
4. Increased Costs: Provisions dealing with regulatory changes affecting the lender's costs
5. Market Disruption: Provisions dealing with circumstances affecting interest rate markets
6. Anti-Money Laundering Provisions: Additional compliance requirements for high-risk or regulated borrowers
7. Data Protection: Required when personal data processing is involved, particularly for individual borrowers or guarantors
8. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a company, including corporate authority requirements
1. Conditions Precedent: List of documents and conditions required before loan disbursement
2. Form of Drawdown Request: Template for the borrower to request loan disbursements
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
5. Security Documents: Forms of any required security documents
6. Guarantor Accession Deed: Template for additional guarantors to accede to the agreement
7. Interest Calculation Examples: Examples showing how interest and fees are calculated
8. Contact Details: List of authorized contacts and notice details for all parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Construction
Manufacturing
Retail and Consumer Goods
Healthcare
Technology and Software
Transportation and Logistics
Energy and Utilities
Hospitality and Tourism
Agriculture
Professional Services
Education
Maritime and Shipping
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit
Operations
Company Secretariat
Corporate Finance
Transaction Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Credit Risk Manager
Compliance Officer
Treasury Manager
Financial Controller
Company Secretary
Credit Analyst
Corporate Banking Officer
Legal Director
Risk Manager
Finance Manager
Operations Director
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