The Loan With Collateral Agreement is a fundamental document in secured lending transactions under Maltese law, used when a lender provides financing secured by specific assets of the borrower. This agreement is essential for various financing scenarios, from commercial property mortgages to business asset financing, and must comply with both Maltese civil law requirements and EU regulations. The document combines loan facility provisions with security arrangements, detailing the creation and perfection of security interests, which is particularly important given Malta's civil law system. It includes specific provisions required by Maltese law for enforceability of security interests, making it suitable for both domestic and cross-border secured lending transactions where Maltese law governs.
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1. Parties: Identification of the Lender and Borrower with full legal names, registration numbers (if companies), and registered addresses
2. Background: Context of the loan arrangement, relationship between parties, and purpose of the loan
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Loan: Principal amount, purpose, drawdown conditions, and term of the loan
5. Interest and Fees: Interest rate, calculation method, payment dates, and any applicable fees
6. Repayment Terms: Repayment schedule, method of payment, and prepayment provisions
7. Security and Collateral: Description of collateral, creation of security interest, and perfection requirements
8. Representations and Warranties: Statements of fact and assurances from the Borrower regarding their status and the collateral
9. Covenants: Ongoing obligations of the Borrower regarding business operations and the collateral
10. Events of Default: Circumstances constituting default and consequences thereof
11. Enforcement Rights: Lender's rights and remedies upon default, including collateral enforcement
12. Costs and Indemnities: Allocation of costs and indemnification obligations
13. Notices: Method and addresses for formal communications between parties
14. Assignment and Transfer: Rights and restrictions regarding transfer of rights under the agreement
15. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction for disputes
16. Execution: Signature blocks and execution formalities
1. Security Trustee Provisions: Required when a security trustee is appointed to hold the collateral on behalf of multiple lenders
2. Tax Gross-Up: Include when tax implications need to be addressed explicitly, particularly for cross-border loans
3. Currency Provisions: Required when the loan or collateral involves multiple currencies
4. Insurance Requirements: Detailed insurance obligations when the collateral requires specific insurance coverage
5. Guarantor Provisions: Include when there are third-party guarantors supporting the loan
6. Regulatory Compliance: Specific provisions required for regulated borrowers or lenders
7. Data Protection: Extended privacy provisions when personal data processing is significant
8. Anti-Money Laundering: Additional provisions for high-risk or regulated lending situations
1. Loan Terms Schedule: Detailed financial terms including amount, interest rate, payment dates
2. Collateral Schedule: Detailed description and documentation of all assets provided as collateral
3. Conditions Precedent: List of documents and conditions required before loan drawdown
4. Repayment Schedule: Detailed amortization table or repayment structure
5. Form of Drawdown Request: Template for borrower to request loan disbursement
6. Security Documents: Forms of any additional security documents required
7. Insurance Requirements: Detailed specifications for required insurance coverage of collateral
8. Form of Compliance Certificate: Template for periodic borrower compliance certification
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