Debt Transfer Agreement for Malta
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Debt Transfer Agreement
"I need a Debt Transfer Agreement under Maltese law for transferring a corporate loan of €2.5 million from ABC Bank Ltd to XYZ Investment Company, with completion scheduled for March 15, 2025."
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1. Parties: Identification of the Transferor (current creditor), Transferee (new creditor), and Debtor
2. Background: Context of the original debt, reason for transfer, and current status of the debt obligation
3. Definitions: Definitions of key terms used throughout the agreement
4. Transfer of Debt: Core provision detailing the transfer of rights and obligations from Transferor to Transferee
5. Consideration: Details of payment or other consideration for the debt transfer
6. Representations and Warranties: Statements by parties regarding their capacity, authority, and status of the debt
7. Completion: Requirements and procedures for completing the transfer
8. Notice and Acknowledgment: Provisions regarding notification to the Debtor and acknowledgment requirements
9. Further Assurance: Obligations to execute additional documents or take further actions if needed
10. Costs and Expenses: Allocation of costs related to the transfer
11. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
1. Security Arrangements: Required when the debt is secured by collateral or guarantees that need to be transferred
2. Regulatory Compliance: Needed when either party is a regulated entity or the transfer requires regulatory approvals
3. Tax Provisions: Detailed tax arrangements when specific tax implications need to be addressed
4. Confidentiality: Required when sensitive commercial information is involved
5. Assignment and Transfer Restrictions: Include when there are restrictions on further transfers of the debt
6. Interest and Charges: Required when specific arrangements about ongoing interest or charges need to be detailed
7. Severability: Optional clause ensuring remainder of agreement stays valid if parts are found unenforceable
1. Schedule 1 - Details of the Debt: Comprehensive details of the debt being transferred, including amount, interest rate, payment terms
2. Schedule 2 - Original Debt Documentation: List and copies of original debt agreements and related documents
3. Schedule 3 - Payment Details: Bank account and payment mechanism details for the transfer consideration
4. Schedule 4 - Security Documentation: Details of any security arrangements being transferred
5. Schedule 5 - Form of Notice to Debtor: Template for formal notification to the Debtor about the transfer
6. Appendix A - Powers of Attorney: If required, forms of power of attorney for executing transfer documentation
Authors
Business Day
Completion
Completion Date
Consideration
Debt
Debt Documents
Default Interest Rate
Effective Date
Encumbrance
Event of Default
Existing Security
Financial Indebtedness
Governmental Authority
Interest Period
Material Adverse Effect
Original Debt Agreement
Outstanding Amount
Parties
Payment Date
Permitted Encumbrance
Related Rights
Relevant Period
Security
Security Documents
Stamp Duty
Transfer
Transfer Certificate
Transfer Documents
Transferee
Transferor
Working Hours
Debtor
Guarantor
Notice of Transfer
Regulatory Approval
Applicable Law
Business Hours
Confidential Information
Default
Due Diligence Materials
Enforcement Action
Facility
Financial Records
Insolvency Event
Liability
Malta
Original Lender
Permitted Transfer
Representatives
Transaction Documents
Definitions
Transfer
Consideration
Completion
Security
Representations and Warranties
Covenants
Notice Requirements
Further Assurance
Assignment
Confidentiality
Data Protection
Force Majeure
Severability
Entire Agreement
Amendments
Waiver
Notices
Costs and Expenses
Stamp Duty
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Regulatory Compliance
Anti-Money Laundering
Default
Remedies
Interest
Set-Off Rights
Indemnification
Banking and Financial Services
Investment Services
Corporate Services
Real Estate
Insurance
Asset Management
Private Equity
Commercial Lending
Debt Collection
Business Restructuring
Legal
Finance
Treasury
Credit Management
Risk Management
Compliance
Corporate Secretariat
Investment
Portfolio Management
Business Development
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Debt Collection Manager
Investment Manager
Portfolio Manager
Compliance Officer
Risk Manager
Treasury Manager
Corporate Secretary
Business Development Director
Restructuring Manager
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