Subordinate Loan Agreement for Malta
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Subordinate Loan Agreement
"I need a Subordinate Loan Agreement under Maltese law for a 鈧5 million facility between Tech Investments Ltd as lender and Malta Software Solutions plc as borrower, with the loan being subordinated to existing bank facilities and including quarterly interest payments."
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1. Parties: Identification of the Lender and Borrower, including registration details and addresses
2. Background: Context of the subordinated loan, including its purpose and relationship to other debt
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific subordinated debt terminology
4. The Facility: Details of the loan amount, purpose, and subordinated nature of the debt
5. Subordination Terms: Specific provisions regarding the ranking of the debt and subordination to senior creditors
6. Conditions Precedent: Prerequisites for drawdown, including regulatory approvals if required
7. Drawdown: Procedures and requirements for drawing down the loan
8. Interest: Interest rate, calculation methods, and payment terms
9. Repayment and Prepayment: Terms for repayment, including any restrictions on early repayment
10. Representations and Warranties: Standard and specific representations regarding the borrower's status and capacity
11. Covenants: Positive and negative obligations of the borrower
12. Events of Default: Circumstances constituting default, modified to reflect subordinated nature
13. Changes to Parties: Rules regarding assignment and transfer of rights
14. Notices: Communication procedures between parties
15. Calculations and Certificates: Procedures for calculations and certifications
16. Governing Law and Jurisdiction: Maltese law as governing law and jurisdiction provisions
1. Security: Include if any security is being provided, though unusual for subordinated loans
2. Tax Gross-Up and Indemnities: Include if tax gross-up provisions are required
3. Increased Costs: Include if the lender requires protection against regulatory cost increases
4. Set-off: Include if set-off rights are to be addressed (often excluded in subordinated loans)
5. Regulatory Compliance: Include if either party is regulated or if regulatory approval is required
6. Currency Provisions: Include if loan is in non-Euro currency or multiple currencies are involved
7. Guarantees: Include if third-party guarantees are part of the structure
1. Form of Drawdown Request: Standard form for requesting loan disbursement
2. Conditions Precedent Documents: List of required documents and conditions for initial drawdown
3. Repayment Schedule: If applicable, detailed schedule of repayment dates and amounts
4. Form of Compliance Certificate: Template for periodic compliance certification
5. Senior Creditors: List of senior creditors and their facilities if applicable
6. Subordination Terms: Detailed subordination mechanics and intercreditor principles
7. Form of Transfer Certificate: Template for transferring loan participation
8. Interest Calculation Examples: Examples of interest calculations under different scenarios
Authors
Banking and Financial Services
Investment Services
Real Estate and Construction
Manufacturing
Retail and Consumer
Technology and Software
Healthcare and Pharmaceuticals
Transportation and Logistics
Energy and Utilities
Professional Services
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Finance
Credit
Company Secretariat
Regulatory Affairs
Operations
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Banking Relationship Manager
Investment Officer
Corporate Finance Manager
Financial Controller
Company Secretary
Credit Risk Officer
Debt Capital Markets Manager
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