The Loan Sharing Agreement is a crucial document used when multiple parties wish to participate in a loan facility while maintaining a coordinated approach to loan administration and enforcement. This agreement, governed by Maltese law, becomes necessary when a single lender wishes to distribute the risk and reward of a loan among other participants, or when multiple parties wish to collaborate in providing a loan facility. The document comprehensively addresses participation rights, payment mechanisms, decision-making procedures, and the relationship between all involved parties. It ensures compliance with Maltese financial services regulations, the Civil Code, and other relevant legislation while providing a clear framework for managing the shared loan arrangement. The agreement is particularly important in scenarios involving large loans, complex financing structures, or when risk diversification is desired.
Loan Sharing Agreement for Malta
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Loan Sharing Agreement
"I need a Loan Sharing Agreement under Maltese law for a 鈧5 million corporate loan where three financial institutions will participate equally as lenders, with one acting as facility agent, and we need to include provisions for future syndication by March 2025."
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1. Parties: Identifies all parties to the agreement, including the original lender, loan participants, and any facility agent or security trustee
2. Background: Recitals explaining the context of the loan sharing arrangement, including details of the original loan and the parties' intentions to share in it
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Loan Share Acquisition: Details the mechanism by which participants acquire their share in the loan, including payment terms and effective date
5. Participation Percentages: Specifies each participant's percentage share in the loan and related rights and obligations
6. Rights and Obligations of Participants: Outlines the rights and obligations of each participant, including voting rights on loan decisions
7. Administration and Management: Describes how the loan will be administered, including payment mechanisms and communication procedures
8. Payments and Distributions: Details how payments received from the borrower will be distributed among participants
9. Representations and Warranties: Standard representations and warranties from each party
10. Events of Default: Specifies events that constitute default under the agreement and their consequences
11. Termination: Conditions and procedures for terminating the loan sharing arrangement
12. Governing Law and Jurisdiction: Specifies Maltese law as governing law and establishes jurisdiction for disputes
1. Security Arrangements: Required when the loan is secured and details how security interests are shared among participants
2. Facility Agent Provisions: Needed when a facility agent is appointed to manage the loan on behalf of participants
3. Transfer and Assignment: Include when participants may want the ability to transfer their loan shares
4. Tax Provisions: Required when tax implications need specific addressing, especially with international participants
5. Syndication Provisions: Include when the loan may be syndicated to additional participants in the future
6. Defaulting Participant Provisions: Include when specific provisions for dealing with defaulting participants are needed
7. Interest Rate Adjustment Mechanism: Required when interest rates may be adjusted during the loan term
1. Schedule 1 - Loan Details: Details of the original loan agreement including amount, term, interest rate, and payment schedule
2. Schedule 2 - Participation Amounts: Detailed breakdown of each participant's monetary contribution and percentage share
3. Schedule 3 - Administrative Details: Contact information and bank account details for all parties
4. Schedule 4 - Form of Transfer Certificate: Standard form for documenting any permitted transfers of loan shares
5. Schedule 5 - Payment Procedures: Detailed procedures for making and receiving payments under the agreement
6. Appendix A - Original Loan Agreement: Copy of the original loan agreement being shared
7. Appendix B - Security Documents: Copies of any security documents related to the loan
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