The Loan Agreement serves as the primary documentation for lending transactions in Malaysia, establishing the legal relationship between lenders and borrowers while ensuring compliance with Malaysian banking and financial services regulations. This document is essential for any lending transaction, whether it involves corporate financing, property loans, or business expansion funding. The agreement typically includes detailed provisions on loan disbursement, interest calculations, repayment terms, security arrangements, and default scenarios, all structured to comply with Malaysian law, particularly the Financial Services Act 2013 and Contracts Act 1950. It can be adapted for both conventional and Islamic financing structures and may include provisions for single or multiple drawdowns, various types of security arrangements, and different interest calculation methods.
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1. Parties: Identifies and defines the lender and borrower with full legal names and details
2. Background: Sets out the context of the loan and the parties' intention to enter into the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Amount and Purpose: Specifies the principal amount and permitted use of the loan funds
5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and payment periods
6. Repayment Terms: Specifies repayment schedule, payment methods, and prepayment provisions
7. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed
8. Representations and Warranties: Sets out the borrower's statements of fact and assurances
9. Covenants: Details positive and negative obligations of the borrower during the loan term
10. Events of Default: Lists circumstances that constitute default and their consequences
11. Security: Describes the security or collateral provided for the loan
12. Costs and Expenses: Allocates responsibility for fees, taxes, and other expenses
13. Notices: Specifies how formal communications between parties should be made
14. General Provisions: Contains standard boilerplate clauses including governing law and jurisdiction
1. Guarantee: Required when there are guarantors securing the loan obligations
2. Islamic Banking Provisions: Included for Shariah-compliant financing arrangements
3. Multiple Drawdown Provisions: Used for facilities with multiple drawdown periods or tranches
4. Insurance Requirements: Detailed when specific insurance coverage is required for the loan
5. Security Trustee Provisions: Needed when a security trustee holds the security on behalf of multiple lenders
6. Syndication Provisions: Required for syndicated loans with multiple lenders
7. Currency Provisions: Included for loans involving foreign currency or multiple currencies
8. Change of Circumstances: Added for longer-term loans to address material changes in law or circumstances
1. Schedule 1 - Loan Details: Contains specific loan terms, amounts, and interest rates
2. Schedule 2 - Conditions Precedent Documents: Lists all required documents and conditions to be satisfied
3. Schedule 3 - Repayment Schedule: Details the installment amounts and payment dates
4. Schedule 4 - Security Documents: Lists and describes all security documents
5. Schedule 5 - Form of Drawdown Notice: Standard form for requesting loan disbursements
6. Schedule 6 - Form of Compliance Certificate: Template for periodic compliance certification
7. Appendix A - Calculation of Interest: Details the methodology for interest calculations
8. Appendix B - Property Details: Required if loan is secured by real property
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