The Undertaking Loan Agreement serves as a crucial legal instrument in Malaysian financial transactions, establishing the framework for lending arrangements between financial institutions and borrowers. This document is essential when a party requires financing and another party agrees to provide such financing under specific terms and conditions. It encompasses all necessary elements required by Malaysian law, including loan amount, interest calculations, repayment schedules, security arrangements, and default provisions. The agreement must comply with various Malaysian regulations, including the Financial Services Act 2013, Contracts Act 1950, and relevant Bank Negara Malaysia guidelines. It is particularly important for protecting both lender and borrower interests while ensuring the arrangement is legally enforceable within the Malaysian jurisdiction.
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1. Parties: Identifies and defines the Lender and Borrower with full legal names and addresses
2. Background: Recitals explaining 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 sets out interpretation rules
4. The Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, and payment terms
6. Repayment: Repayment schedule, method, and prepayment provisions
7. Conditions Precedent: Prerequisites that must be satisfied before the loan is disbursed
8. Representations and Warranties: Statements of fact and assurances given by the Borrower
9. Covenants: Positive and negative obligations of the Borrower during the loan term
10. Events of Default: Circumstances that constitute default and the Lender's rights upon default
11. Payments: Payment mechanics, currency, and timing requirements
12. Notices: Communication methods and contact details for formal notices
13. General Provisions: Standard clauses including governing law, jurisdiction, and amendments
1. Security: Include when the loan is secured by assets or property
2. Guarantee: Include when there is a guarantor for the loan
3. Insurance: Include when specific insurance requirements are imposed on the Borrower
4. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
5. Set-off Rights: Include when the Lender has the right to set off debts against other accounts
6. Increased Costs: Include when the Borrower must compensate the Lender for regulatory cost increases
7. Tax Provisions: Include when specific tax arrangements or gross-up provisions are required
8. Change of Circumstances: Include when provisions for market disruption or illegality are needed
1. Conditions Precedent Documents: List of documents required before loan disbursement
2. Drawdown Notice: Form of notice for requesting loan disbursement
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Security Documents: Forms and details of security arrangements if applicable
5. Calculation of Interest: Detailed methodology for interest calculation
6. Form of Transfer Certificate: Template for transferring rights under the agreement
7. Fees and Charges: Detailed breakdown of all applicable fees and charges
8. Compliance Certificates: Ƶ for periodic compliance certification
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Relevant Teams
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Finance
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Finance Director
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