The Term Loan Credit Agreement is a fundamental financing document used when a lender provides a fixed-term loan to a borrower under Maltese law. This agreement is typically employed for corporate financing, project financing, or asset acquisition, where the borrower requires a substantial sum to be repaid over a predetermined period. The document comprehensively addresses all aspects of the lending relationship, including drawdown mechanics, repayment terms, security arrangements, and ongoing obligations of the parties. It incorporates specific requirements of Maltese banking law and EU regulations, while also considering the Civil Code and Commercial Code provisions relevant to lending transactions. The agreement is particularly important in the Maltese context given Malta's position as a financial services hub and its need to comply with both local and EU regulatory requirements.
Term Loan Credit Agreement for Malta
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Key Requirements PROMPT example:
Term Loan Credit Agreement
"I need a Term Loan Credit Agreement under Maltese law for a 鈧5 million secured facility to a manufacturing company, with quarterly repayments over 5 years starting March 2025, including specific covenants for environmental compliance and machinery maintenance."
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1. Parties: Identification of the lender(s), borrower(s), and any other parties to the agreement
2. Background: Recitals explaining the context and purpose of the loan
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. The Facility: Core terms of the loan including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for requesting and making loan disbursements
7. Repayment: Terms for repayment of the loan, including scheduled payments
8. Prepayment: Provisions for voluntary and mandatory early repayment
9. Interest: Interest rate, calculation periods, and payment terms
10. Fees: All fees payable under the facility
11. Tax Gross Up and Indemnities: Provisions dealing with tax consequences and related indemnities
12. Increased Costs: Provisions for dealing with changes in costs due to regulatory or legal changes
13. Representations and Warranties: Statements of fact and assurances given by the borrower
14. Information Undertakings: Borrower's obligations to provide financial and other information
15. Financial Covenants: Financial ratios and tests the borrower must maintain
16. General Undertakings: General positive and negative covenants of the borrower
17. Events of Default: Circumstances that trigger default and lender's enforcement rights
18. Changes to Parties: Provisions regarding assignment and transfer of rights
19. Payment Mechanics: Administrative provisions regarding payments
20. Set-off: Rights of set-off against borrower's accounts
21. Notices: Methods and requirements for formal communications
22. Calculations and Certificates: Provisions regarding calculations and certifications
23. Partial Invalidity: Severability provisions
24. Remedies and Waivers: Provisions regarding enforcement of rights
25. Amendments and Waivers: Procedures for modifying the agreement
26. Governing Law: Specification of Maltese law as governing law
27. Enforcement: Jurisdiction and enforcement provisions
1. Security: Required if the loan is secured - details the security package and enforcement rights
2. Guarantee: Required if there are guarantors - contains guarantee provisions
3. Subordination: Required if there is other debt that needs to be subordinated
4. Agency Provisions: Required for syndicated loans - regulates the relationship between lenders and the agent
5. Majority Lenders: Required for syndicated loans - defines voting rights and decision-making processes
6. Currency Provisions: Required for multi-currency facilities
7. Break Costs: Required if early repayment can trigger break costs
8. Market Disruption: Required for facilities with floating interest rates
9. Anti-Corruption Laws: Required for compliance with specific anti-corruption requirements
10. Sanctions: Required when dealing with regulated entities or cross-border transactions
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request loan disbursements
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Transfer Certificate: Template for transferring loan participations
5. Form of Compliance Certificate: Template for periodic compliance certifications
6. Form of Assignment Agreement: Template for assigning rights under the agreement
7. Existing Security: Details of any existing security affecting the borrower
8. Existing Financial Indebtedness: Details of borrower's existing debt
9. Banking Details: Account details for all payment mechanics
10. Form of Accession Deed: Template for additional parties joining the agreement
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Construction
Retail
Technology
Healthcare
Energy
Infrastructure
Agriculture
Telecommunications
Transport
Hospitality
Mining
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Commercial Banking
Risk Management
Corporate Finance
Debt Capital Markets
Transaction Management
Operations
Business Development
Account Management
Corporate Advisory
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Lawyer
Treasury Manager
Financial Controller
Credit Manager
Risk Manager
Compliance Officer
Company Secretary
Finance Manager
Loan Officer
Corporate Banking Manager
Investment Manager
Managing Director
Chief Executive Officer
Business Development Manager
Account Manager
Transaction Manager
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