The Loan Agreement Between Companies is a crucial legal document used when one company extends credit to another within the Malaysian business environment. This agreement is essential for documenting corporate lending transactions and ensuring compliance with Malaysian financial regulations and corporate law. It should be used whenever a company-to-company loan is being established, whether for business expansion, working capital, asset acquisition, or other commercial purposes. The document includes comprehensive provisions covering loan amount, interest rates, repayment terms, security arrangements (if any), events of default, and remedies, all structured within the framework of Malaysian law, particularly the Financial Services Act 2013, Companies Act 2016, and Contracts Act 1950. This template is adaptable for various loan sizes and purposes while maintaining compliance with Malaysian regulatory requirements and market practices.
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1. Parties: Identification of the lender and borrower companies, including registration numbers and registered addresses
2. Background: Context of the loan arrangement and brief description of the purpose
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Loan: Core terms including loan amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment: Repayment schedule, prepayment terms, and payment mechanics
7. Representations and Warranties: Statements of fact and assurances given by the borrower
8. Covenants: Positive and negative obligations of the borrower during the loan term
9. Events of Default: Circumstances that constitute default and consequences
10. Taxes and Expenses: Allocation of tax liabilities and transaction costs
11. Notices: Communication methods and contact details for formal notices
12. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments
13. Execution: Signature blocks and execution formalities
1. Security: Required if the loan is secured - details of security arrangements and enforcement rights
2. Guarantee: Required if there is a guarantor - terms of guarantee and guarantor obligations
3. Conditions Precedent: Include if there are specific conditions to be met before drawdown
4. Financial Covenants: Include for larger loans requiring financial ratio maintenance
5. Information Undertakings: Include if regular financial reporting is required
6. Agency and Security Trust: Required for syndicated loans or where security is held on trust
7. Set-off Rights: Include if specific set-off arrangements are needed
8. Subordination: Required if the loan needs to be subordinated to other debt
1. Loan Terms Schedule: Detailed financial terms including loan amount, interest rate, and payment dates
2. Repayment Schedule: Detailed amortization table or repayment structure
3. Conditions Precedent: List of documents and conditions required before drawdown
4. Security Details: Detailed description of security assets and registration requirements
5. Form of Drawdown Notice: Template for requesting loan disbursement
6. Form of Compliance Certificate: Template for periodic compliance certification
7. Corporate Authorizations: Required corporate approvals and resolutions
8. Fee Schedule: Breakdown of all applicable fees and charges
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Real Estate
Technology
Retail
Construction
Energy
Healthcare
Transportation and Logistics
Agriculture
Mining and Resources
Telecommunications
Hospitality
Professional Services
Relevant Teams
Legal
Finance
Treasury
Risk Management
Corporate Secretariat
Credit
Compliance
Corporate Development
Executive Leadership
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Treasurer
Financial Controller
Legal Counsel
Corporate Secretary
Commercial Director
Risk Manager
Credit Manager
Business Development Manager
Managing Director
Chief Executive Officer
Account Manager
Finance Manager
Corporate Lawyer
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