This Finance Contract template is designed for use in Malaysian financing transactions, whether conventional or Islamic, and is structured to comply with Malaysian banking and financial services regulations. It serves as the primary documentation for various types of financing facilities, including term loans, revolving credits, and working capital facilities. The document incorporates requirements under the Financial Services Act 2013, Islamic Financial Services Act 2013 (where applicable), and other relevant Malaysian legislation. It includes comprehensive provisions for facility terms, security arrangements, conditions precedent, representations and warranties, and events of default. This template is particularly useful for financial institutions, corporations, and businesses seeking to document their financing arrangements in Malaysia, ensuring proper protection of both lender and borrower interests while maintaining regulatory compliance.
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1. Parties: Identifies and defines all parties to the agreement, including their registration details and addresses
2. Background: Sets out the context and purpose of the financing arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Facility Amount and Purpose: Specifies the amount of financing and its approved purpose
5. Interest/Profit Rate and Calculations: Details the applicable interest or profit rate (for Islamic facilities) and calculation methods
6. Conditions Precedent: Lists conditions that must be satisfied before the facility becomes available
7. Drawdown Mechanics: Specifies the process and requirements for drawing down the facility
8. Repayment Terms: Details the repayment schedule, method, and mechanics
9. Security: Describes the security arrangements and collateral required
10. Representations and Warranties: Sets out the representations and warranties given by the borrower
11. Covenants: Lists positive and negative obligations of the borrower during the facility period
12. Events of Default: Defines circumstances that constitute default and their consequences
13. Fees and Expenses: Details all fees, charges, and expenses payable under the facility
14. Notices: Specifies how formal communications between parties should be made
15. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and jurisdiction for disputes
1. Islamic Finance Compliance: Required for Shariah-compliant facilities, detailing specific Islamic finance structures and requirements
2. Guarantee Provisions: Include when the facility is supported by corporate or personal guarantees
3. Insurance/Takaful Requirements: Include when specific insurance or takaful coverage is required for the facility
4. Security Trustee Provisions: Required when security is held by a security trustee on behalf of multiple lenders
5. Syndication Provisions: Include for syndicated facilities involving multiple lenders
6. Assignment and Transfer: Include when the facility may be assigned or transferred to other parties
7. Force Majeure: Optional provisions dealing with unforeseen circumstances affecting performance
8. Anti-Money Laundering Provisions: Detailed AML provisions when required by the nature of the facility or parties
1. Facility Terms Schedule: Detailed commercial terms including facility amount, interest rates, fees, and repayment schedule
2. Conditions Precedent Schedule: Comprehensive list of required documents and conditions
3. Security Documents Schedule: List and details of all security documents required
4. Drawdown Notice Format: Template for drawdown requests
5. Calculation Schedule: Detailed formulae for interest/profit calculations
6. Repayment Schedule: Detailed amortization or repayment schedule
7. Form of Transfer Certificate: Standard form for transferring interests in the facility
8. Compliance Certificate: Template for periodic compliance certification
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property
Manufacturing
Construction
Technology
Retail and Consumer
Healthcare
Agriculture
Energy and Utilities
Transportation and Logistics
Education
Hospitality and Tourism
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Administration
Company Secretarial
Operations
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Corporate Banking Officer
Finance Manager
Account Manager
Credit Analyst
Legal Director
Company Secretary
Financial Controller
Risk Manager
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