This Business To Business Loan Agreement is designed for use in commercial lending transactions within Malaysia where one business entity provides financial accommodation to another. The document is particularly relevant when companies seek business expansion, working capital, asset acquisition, or project financing. It complies with Malaysian financial regulations, including the Financial Services Act 2013, Contracts Act 1950, and Companies Act 2016. The agreement comprehensively covers loan terms, security arrangements, representations, warranties, and covenants, while incorporating necessary provisions for enforcement under Malaysian law. It's structured to protect both lender and borrower interests through clear documentation of obligations, default scenarios, and remedies, making it suitable for various business lending scenarios ranging from simple corporate loans to complex secured financing arrangements.
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1. Parties: Identifies and provides full details of the lender and borrower, including registration numbers and registered addresses
2. Background: Sets out the context of the loan agreement and the parties' intention to enter into the lending arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended business purpose
5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and payment periods
6. Repayment Terms: Specifies the repayment schedule, installment amounts, and payment methods
7. Security and Collateral: Details any assets or guarantees provided as security for the loan
8. Representations and Warranties: States the legal assertions and guarantees made by both parties
9. Covenants: Sets out ongoing obligations of the borrower during the loan term
10. Events of Default: Lists circumstances that constitute default and their consequences
11. Remedies: Outlines the lender's rights and remedies in case of default
12. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and sets jurisdiction for disputes
1. Conditions Precedent: Used when there are specific conditions that must be met before the loan is disbursed
2. Voluntary Prepayment: Include when early repayment options are permitted, specifying any penalties or conditions
3. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
4. Information Covenants: Used for complex loans requiring ongoing financial reporting and disclosure
5. Financial Covenants: Include when specific financial ratios or conditions must be maintained
6. Security Trustee Provisions: Include when multiple lenders are involved and a security trustee is appointed
7. Guarantee Provisions: Include when third-party guarantees are part of the security structure
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Comprehensive description of all security assets and their values
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Form of Drawdown Notice: Template for the borrower to request loan disbursement
5. Financial Covenants Calculations: Formulas and methods for calculating financial covenants
6. Permitted Security Interests: List of pre-approved security interests that may exist
7. Form of Compliance Certificate: Template for periodic compliance certification by borrower
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Commercial Lending
Corporate Finance
Small and Medium Enterprises
Manufacturing
Real Estate
Technology
Retail
Construction
Agriculture
Healthcare
Logistics
Relevant Teams
Legal
Finance
Corporate Banking
Risk Management
Compliance
Treasury
Credit Assessment
Corporate Secretarial
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Risk Manager
Commercial Banking Manager
Loan Officer
Treasury Manager
Compliance Officer
Company Secretary
Business Development Manager
Financial Controller
Risk Assessment Officer
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