The Loan And Mortgage Agreement is a fundamental document in secured lending transactions under Maltese law, used when providing financing secured against real estate in Malta. This document is essential for both commercial and residential property financing, combining the loan facility provisions with the creation of a mortgage security interest. It must comply with specific requirements of the Maltese Civil Code, Banking Act, and related regulations governing secured lending and property law. The agreement is typically used by banks and financial institutions when providing property financing, requiring notarial execution and registration with Malta's Public Registry. It includes comprehensive provisions covering loan terms, property security, borrower obligations, and enforcement rights, all structured to ensure enforceability under Maltese law.
Loan And Mortgage Agreement for Malta
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Loan And Mortgage Agreement
"I need a Loan and Mortgage Agreement under Maltese law for a 鈧2.5 million commercial property portfolio financing, with cross-collateralization provisions and involving multiple properties in Valletta, to be completed by March 2025."
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1. Parties: Identification of the Lender, Borrower, and any Security Provider
2. Background: Context of the loan, purpose, and brief description of the secured property
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest and Fees: Interest rate provisions, calculation methods, and applicable fees
6. Repayment Terms: Repayment schedule, payment methods, and prepayment provisions
7. Security: Creation of mortgage, charged assets, and security enforcement rights
8. Property Covenants: Obligations regarding the mortgaged property's maintenance and use
9. Borrower's Representations and Warranties: Standard and specific representations regarding borrower's status and property
10. Borrower's Covenants: Ongoing obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Lender's Rights and Remedies: Actions available to lender upon default or breach
13. Costs and Expenses: Allocation of costs, taxes, and expenses
14. Notices: Communication methods and contact details
15. Assignment and Transfer: Rights to assign or transfer the loan and security
16. Governing Law and Jurisdiction: Maltese law governance and jurisdiction provisions
17. Execution: Signature blocks and execution formalities
1. Guarantor Provisions: Include when there is a guarantor for the loan obligations
2. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required
3. Multiple Properties: Additional provisions when multiple properties are being mortgaged
4. Construction Provisions: Include when the loan is for property under construction
5. Co-Borrower Provisions: When there are multiple borrowers with joint and several liability
6. Currency Provisions: Include for loans in foreign currency or with currency conversion options
7. Special Purpose Vehicle Provisions: Additional requirements when borrower is an SPV
8. Cross-Collateralization: When security is shared with other facilities
1. Schedule 1 - Property Description: Detailed legal description of the mortgaged property
2. Schedule 2 - Repayment Schedule: Detailed amortization schedule and payment dates
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before drawdown
4. Schedule 4 - Form of Drawdown Request: Template for requesting loan disbursements
5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage
6. Schedule 6 - Fees and Charges: Detailed breakdown of all applicable fees and charges
7. Appendix A - Property Plans: Official plans and drawings of the mortgaged property
8. Appendix B - Valuation Report: Summary or extract of the property valuation
9. Appendix C - Form of Notices: Template forms for various notices under the agreement
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