The Drawdown Loan Agreement is a fundamental financing document used in Malaysia when a borrower requires flexible access to funds over time rather than a single lump sum disbursement. This document type is particularly relevant for project financing, working capital facilities, and construction financing where funds are needed in phases. The agreement must comply with Malaysian banking regulations and the Financial Services Act 2013, incorporating local legal requirements such as stamp duty provisions and, where relevant, Shariah law principles. It typically includes detailed provisions for drawdown mechanics, conditions precedent, representations and warranties, covenants, events of default, and security arrangements. The document is crucial for both conventional and Islamic financing structures in Malaysia's dual banking system.
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1. Parties: Identification of the lender(s) and borrower(s) with their full legal names and registration details
2. Background: Recitals explaining the context and purpose of the loan facility
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. The Facility: Details of the loan amount, purpose, and availability period
5. Drawdown: Conditions and procedures for drawdown, including notice requirements and drawdown mechanics
6. Interest: Interest rate, calculation method, payment dates, and default interest provisions
7. Repayment: Terms of repayment, including scheduled repayments and prepayment provisions
8. Representations and Warranties: Standard representations and warranties given by the borrower
9. Covenants: Positive and negative covenants binding the borrower
10. Events of Default: List of events that constitute default and their consequences
11. Changes to Parties: Provisions regarding assignment, transfer, and delegation
12. Payments: Payment mechanics, currency, and tax provisions
13. Notices: Communication procedures between parties
14. General Provisions: Miscellaneous legal provisions including governing law, enforcement, and severability
1. Security: Details of any security or collateral provided - include if the loan is secured
2. Guarantee: Terms of guarantee - include if there are guarantors
3. Agent Provisions: Administrative and decision-making provisions - include for syndicated loans
4. Market Disruption: Provisions dealing with market disruption events - include for LIBOR/SOFR based loans
5. Islamic Finance Provisions: Shariah-compliant provisions - include if the facility is Islamic
6. Regulatory Compliance: Special regulatory requirements - include if borrower is in regulated industry
7. Property Provisions: Special provisions related to property - include if loan is for property development/investment
8. Multiple Currencies: Currency conversion and availability - include if multiple currencies are involved
1. Conditions Precedent: List of documents and conditions required before first drawdown
2. Form of Drawdown Notice: Template for drawdown requests
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Transfer Certificate: Template for transferring loan participations
5. Security Documents: List and copies of security documents if applicable
6. Fees and Charges: Detailed breakdown of all applicable fees and charges
7. Calculation of Interest: Detailed methodology for interest calculation
8. Form of Compliance Certificate: Template for periodic compliance reporting
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Infrastructure and Construction
Energy and Utilities
Technology and Communications
Healthcare
Retail and Consumer Goods
Agriculture and Plantations
Transportation and Logistics
Education
Hospitality and Tourism
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Finance
Banking Operations
Company Secretarial
Project Finance
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Finance Manager
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Relationship Manager
Project Finance Manager
Company Secretary
Financial Controller
Banking Operations Manager
Loan Administrator
Senior Finance Executive
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