The Loan and Security Agreement serves as a fundamental financing document in Malaysian commercial practice, combining both lending and security arrangements in a single instrument. It is typically used when a lender provides financial facilities to a borrower while simultaneously taking security over specific assets to protect their interests. The document must comply with Malaysian banking regulations, security registration requirements, and both conventional and Islamic financing principles where applicable. It includes detailed provisions on facility terms, security creation, covenants, events of default, and enforcement mechanisms, while ensuring adherence to local legal requirements for creating enforceable security interests. This agreement is particularly relevant for corporate financing, asset-based lending, and project finance transactions in Malaysia.
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1. Parties: Identification of the lender and borrower with complete details
2. Background: Context of the loan arrangement and security being provided
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. The Facility: Details of the loan amount, purpose, availability and drawdown conditions
5. Interest and Fees: Interest rate, calculation method, payment periods, and applicable fees
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
7. Security: Description of security assets and creation of security interest
8. Representations and Warranties: Statements of fact and assurances from the borrower
9. Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Lender's rights and remedies upon default
12. Notices: Communication requirements and contact details
13. Assignment and Transfer: Rights of parties to assign or transfer their rights and obligations
14. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Guarantee: Required when there is a guarantor providing additional security for the loan
2. Insurance: Detailed insurance requirements when security assets must be insured
3. Security Trustee Provisions: Required in syndicated loans or when security is held by a trustee
4. Islamic Finance Provisions: Required for Shariah-compliant financing structures
5. Foreign Currency Provisions: Required when the loan is in a currency other than Malaysian Ringgit
6. Multiple Borrowers: Additional provisions for joint and several liability when there are multiple borrowers
7. Subordination: Required when there are multiple lenders or existing creditors requiring priority arrangements
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Security Assets: Detailed description and/or list of assets provided as security
3. Repayment Schedule: Detailed payment dates and amounts
4. Form of Drawdown Notice: Template for borrower to request loan disbursement
5. Security Documents: Forms of additional security documents required
6. Addresses for Notices: Detailed contact information for all parties
7. Special Conditions: Any specific terms or conditions applicable to the particular loan
8. Financial Covenants: Detailed financial ratios and requirements to be maintained
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Construction
Technology
Retail
Healthcare
Energy
Infrastructure
Agriculture
Telecommunications
Transportation
Education
Hospitality
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Secretarial
Operations
Commercial
Banking
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Banking Lawyer
Risk Manager
Credit Manager
Compliance Officer
Treasury Manager
Financial Controller
Company Secretary
Loan Officer
Security Trustee
Relationship Manager
Credit Analyst
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