The Master Loan Agreement serves as the primary documentation for establishing an ongoing lending relationship between financial institutions and borrowers in Malaysia. It is designed to provide a flexible framework under which multiple loans can be extended without the need for separate detailed agreements for each drawdown. The document must comply with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, Islamic Financial Services Act 2013. It typically includes comprehensive provisions for facility limits, drawdown mechanisms, security arrangements, financial covenants, and events of default. The agreement can accommodate both conventional and Islamic banking structures, reflecting Malaysia's dual banking system, and can be customized for various types of corporate borrowers and financing needs while maintaining compliance with Malaysian legal requirements.
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1. Parties: Identification of the lender and borrower with full legal names and registration details
2. Background: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the loan facility
7. Interest: Interest rate, calculation method, and payment terms
8. Repayment: Terms and schedule for repayment of the facility
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences thereof
12. Security: Overview of security arrangements for the facility
13. Payments: Payment mechanics, currency, and treatment of non-business days
14. Changes to Parties: Rules regarding assignment and transfer of rights and obligations
15. Notices: Communication procedures between parties
16. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Islamic Banking Provisions: Required when the facility needs to comply with Shariah principles
2. Syndication Provisions: Required for facilities involving multiple lenders
3. Increased Costs: Provisions dealing with changes in regulatory costs affecting lenders
4. Tax Gross-up and Indemnities: Detailed tax provisions required for cross-border lending
5. Currency Provisions: Required for multi-currency facilities
6. Guarantee and Indemnity: Required when there are guarantors for the facility
7. Subordination Provisions: Required when there are multiple creditors requiring ranking of priority
1. Schedule 1 - Conditions Precedent: Detailed list of required documents and conditions
2. Schedule 2 - Form of Drawdown Notice: Template for borrower to request loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed repayment dates and amounts if term loan
4. Schedule 4 - Form of Compliance Certificate: Template for periodic compliance reporting
5. Schedule 5 - Security Documents: List and details of all security documents
6. Schedule 6 - Designated Account Details: Banking details for disbursement and repayment
7. Schedule 7 - Financial Covenants: Detailed financial ratios and calculations
8. Appendix A - Calculation of Interest: Detailed methodology for interest calculation
9. Appendix B - Forms of Transfer Documents: Ƶ for transferring loan participations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Corporate Lending
Islamic Banking
Investment Banking
Commercial Banking
Real Estate & Property Development
Manufacturing
Infrastructure & Construction
Energy & Utilities
Telecommunications
Healthcare
Retail & Consumer Goods
Agriculture & Commodities
Technology & Innovation
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Administration
Islamic Banking
Operations
Company Secretarial
Corporate Finance
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Relationship Manager
Banking Officer
Corporate Banking Head
Loan Officer
Financial Controller
Company Secretary
Islamic Banking Officer
Senior Credit Analyst
Corporate Finance Manager
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