The Loan Contract With Collateral is a fundamental financing document used in Malta when a lender provides funding to a borrower against specific security interests. This agreement is essential for transactions requiring robust security arrangements and is commonly used in both commercial and personal lending scenarios. The document must comply with Malta's Civil Code (Chapter 16), Banking Act, and related financial services legislation. It typically includes comprehensive details about the loan facility, collateral arrangements, enforcement rights, and security perfection requirements. The agreement is particularly important in the Maltese context due to the jurisdiction's specific requirements for creating and enforcing security interests, including registration requirements and notarial involvement in certain cases. This document type provides protection for lenders while ensuring clear terms for borrowers regarding their obligations and the consequences of default.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal details
2. Background: Explains the context of the loan and the parties' intention to enter into the agreement
3. Definitions: Defines key terms used throughout the agreement
4. The Loan: Specifies the loan amount, purpose, and drawdown conditions
5. Interest: Details the interest rate, calculation method, and payment terms
6. Repayment: Outlines the repayment schedule, methods, and prepayment terms
7. Security: Describes the collateral, creation of security interest, and perfection requirements
8. Representations and Warranties: Lists the parties' representations regarding their capacity and the collateral
9. Covenants: Sets out ongoing obligations of the Borrower regarding the loan and collateral
10. Events of Default: Defines circumstances constituting default and their consequences
11. Enforcement: Details the Lender's rights and remedies upon default
12. Notices: Specifies how formal communications between parties should be made
13. Governing Law and Jurisdiction: Confirms Maltese law governance and jurisdiction for disputes
14. Execution: Formal signing section with witness requirements
1. Guarantor Provisions: Include when a third party is guaranteeing the loan
2. Insurance: Include when specific insurance requirements for the collateral are needed
3. Multiple Lenders: Include for syndicated loans with multiple lenders
4. Assignment and Transfer: Include when parties want to allow loan or security transfer rights
5. Priority and Subordination: Include when there are multiple security interests or lenders
6. Tax Provisions: Include when specific tax considerations need to be addressed
7. Currency Provisions: Include for loans in foreign currency or with currency conversion features
1. Schedule 1 - Loan Terms: Detailed breakdown of loan amount, interest rates, and payment schedule
2. Schedule 2 - Collateral Description: Detailed description and documentation of the security assets
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan drawdown
4. Schedule 4 - Repayment Schedule: Detailed amortization table with payment dates and amounts
5. Schedule 5 - Form of Drawdown Notice: Template for requesting loan disbursements
6. Schedule 6 - Security Documents: Forms of additional security documents required
7. Appendix A - Valuation Report: Independent valuation of the collateral assets
8. Appendix B - Registration Requirements: Details of security interest registration procedures
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