The Debenture Loan Agreement is a crucial financing instrument in Malaysian corporate lending, typically used when a company requires substantial funding while offering comprehensive security over its assets. This document serves dual purposes: it establishes the terms of the loan facility and creates security interests over the borrower's assets through fixed and floating charges. The agreement must comply with Malaysian legislation, particularly the Companies Act 2016, Capital Markets and Services Act 2007, and relevant financial regulations. It's commonly used in scenarios requiring significant capital investment, business expansion, or refinancing existing facilities. The document includes detailed provisions covering facility terms, security creation, covenants, events of default, and enforcement mechanisms, making it essential for both secured lending and corporate borrowing operations in Malaysia.
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1. Parties: Identification of the Lender and Borrower with full legal names and registration details
2. Background: Context of the loan arrangement and brief description of the security being created
3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation
4. The Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest and Fees: Interest rate, calculation method, payment dates, and applicable fees
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
7. Security Creation: Creation of the debenture charge over the company's assets
8. Charged Assets: Description and scope of assets subject to the debenture charge
9. Representations and Warranties: Borrower's confirmations regarding its status, capacity, and assets
10. Covenants: Positive and negative obligations of the Borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement: Lender's rights and remedies upon default, including appointment of receiver
13. Notices: Communication procedures between parties
14. Assignment and Transfer: Rules regarding transfer of rights and obligations
15. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Guarantees: Required when there are corporate or personal guarantors securing the loan
2. Insurance: Detailed insurance requirements when specific insurance coverage is required for charged assets
3. Security Trustee Provisions: Needed when multiple lenders are involved and a security trustee is appointed
4. Intercreditor Provisions: Required when there are multiple creditors with different priorities
5. Islamic Finance Provisions: Required when the debenture needs to be Shariah-compliant
6. Foreign Currency Provisions: Needed when the loan is denominated in foreign currency
7. Tax Provisions: Detailed tax clauses when specific tax considerations apply
8. Special Industry Provisions: Industry-specific provisions for regulated sectors like manufacturing or real estate
1. Facility Terms: Detailed commercial terms of the loan facility
2. Conditions Precedent: List of documents and conditions required before drawdown
3. Form of Drawdown Request: Template for borrower to request loan disbursement
4. Description of Charged Assets: Detailed list and description of all assets subject to the debenture
5. Form of Notice of Assignment: Template notices to relevant parties regarding the security
6. Repayment Schedule: Detailed schedule of repayment dates and amounts
7. Insurance Requirements: Specific details of required insurance coverage
8. Form of Compliance Certificate: Template for periodic compliance certification by borrower
9. Security Documents: List and copies of additional security documents
10. Existing Encumbrances: List of permitted existing charges or encumbrances on assets
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Real Estate Development
Construction
Technology
Healthcare
Retail
Agriculture
Mining
Energy
Infrastructure
Telecommunications
Hospitality
Transportation
Education
Industrial Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Credit Administration
Security & Collateral
Corporate Banking
Loan Administration
Asset Management
Board of Directors
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Treasurer
Legal Counsel
Company Secretary
Risk Manager
Credit Manager
Loan Officer
Compliance Officer
Corporate Finance Manager
Investment Banker
Security Trustee
Financial Controller
Managing Director
Board Director
Asset Manager
Relationship Manager
Recovery Manager
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