The Vendor Finance Contract serves as a crucial document in commercial transactions where vendors provide direct financing to purchasers for acquiring goods or services. This agreement is specifically tailored for use in Malaysia, incorporating requirements from Malaysian financial regulations and commercial law. It is commonly used when traditional banking finance may not be the preferred option, or when vendors wish to offer financing as part of their commercial strategy. The document addresses key aspects including facility terms, security arrangements, compliance requirements, and risk mitigation measures. It is particularly relevant for high-value transactions and long-term commercial relationships, providing a structured framework for vendor financing while ensuring compliance with Malaysian legal requirements and business practices.
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1. Parties: Identification of the vendor (finance provider), the purchaser, and any guarantors
2. Background: Context of the financing arrangement, relationship between parties, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Facility Details: Specifics of the financing facility including amount, purpose, and drawdown conditions
5. Interest and Fees: Interest rate calculations, applicable fees, and payment terms
6. Repayment Terms: Schedule of repayments, prepayment provisions, and payment mechanics
7. Security Arrangements: Details of any security or collateral provided for the financing
8. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
9. Representations and Warranties: Statements of fact and assurances given by the parties
10. Covenants: Ongoing obligations of the parties during the term of the agreement
11. Events of Default: Circumstances constituting default and consequences thereof
12. Enforcement Rights: Rights and remedies available upon default
13. General Provisions: Standard contract clauses including notices, amendments, and governing law
1. Third Party Rights: Include when there are intended third-party beneficiaries or when Malaysian law requires clarification of third-party rights
2. Islamic Finance Provisions: Include when the financing needs to comply with Shariah principles
3. Currency Provisions: Include when the financing involves multiple currencies or foreign exchange considerations
4. Tax Provisions: Include detailed tax clauses when complex tax implications exist or cross-border elements are involved
5. Insurance Requirements: Include when specific insurance coverage is required for the financed assets
6. Assignment and Transfer: Include when either party may need to transfer rights or obligations
7. Force Majeure: Include when specific force majeure provisions are necessary beyond standard contract frustration
8. Guarantor Provisions: Include when there are third-party guarantors for the financing
1. Schedule 1 - Facility Details: Detailed breakdown of the facility amount, purpose, and utilization method
2. Schedule 2 - Repayment Schedule: Detailed payment schedule including dates, amounts, and allocation between principal and interest
3. Schedule 3 - Security Details: Comprehensive description of all security arrangements and collateral
4. Schedule 4 - Conditions Precedent Documents: List of all required documents and conditions to be satisfied
5. Schedule 5 - Form of Drawdown Notice: Template for requesting disbursement of funds
6. Schedule 6 - Calculation of Interest and Fees: Detailed methodology for calculating interest and other charges
7. Appendix A - Asset Schedule: Detailed list and description of financed assets
8. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification
9. Appendix C - Required Insurance Coverage: Specifications for required insurance coverage
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