The Loan Sharing Agreement is a crucial document used when multiple parties wish to participate in a loan facility while maintaining a coordinated approach to loan administration and enforcement. This agreement, governed by Maltese law, becomes necessary when a single lender wishes to distribute the risk and reward of a loan among other participants, or when multiple parties wish to collaborate in providing a loan facility. The document comprehensively addresses participation rights, payment mechanisms, decision-making procedures, and the relationship between all involved parties. It ensures compliance with Maltese financial services regulations, the Civil Code, and other relevant legislation while providing a clear framework for managing the shared loan arrangement. The agreement is particularly important in scenarios involving large loans, complex financing structures, or when risk diversification is desired.
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1. Parties: Identifies all parties to the agreement, including the original lender, loan participants, and any facility agent or security trustee
2. Background: Recitals explaining the context of the loan sharing arrangement, including details of the original loan and the parties' intentions to share in it
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Loan Share Acquisition: Details the mechanism by which participants acquire their share in the loan, including payment terms and effective date
5. Participation Percentages: Specifies each participant's percentage share in the loan and related rights and obligations
6. Rights and Obligations of Participants: Outlines the rights and obligations of each participant, including voting rights on loan decisions
7. Administration and Management: Describes how the loan will be administered, including payment mechanisms and communication procedures
8. Payments and Distributions: Details how payments received from the borrower will be distributed among participants
9. Representations and Warranties: Standard representations and warranties from each party
10. Events of Default: Specifies events that constitute default under the agreement and their consequences
11. Termination: Conditions and procedures for terminating the loan sharing arrangement
12. Governing Law and Jurisdiction: Specifies Maltese law as governing law and establishes jurisdiction for disputes
1. Security Arrangements: Required when the loan is secured and details how security interests are shared among participants
2. Facility Agent Provisions: Needed when a facility agent is appointed to manage the loan on behalf of participants
3. Transfer and Assignment: Include when participants may want the ability to transfer their loan shares
4. Tax Provisions: Required when tax implications need specific addressing, especially with international participants
5. Syndication Provisions: Include when the loan may be syndicated to additional participants in the future
6. Defaulting Participant Provisions: Include when specific provisions for dealing with defaulting participants are needed
7. Interest Rate Adjustment Mechanism: Required when interest rates may be adjusted during the loan term
1. Schedule 1 - Loan Details: Details of the original loan agreement including amount, term, interest rate, and payment schedule
2. Schedule 2 - Participation Amounts: Detailed breakdown of each participant's monetary contribution and percentage share
3. Schedule 3 - Administrative Details: Contact information and bank account details for all parties
4. Schedule 4 - Form of Transfer Certificate: Standard form for documenting any permitted transfers of loan shares
5. Schedule 5 - Payment Procedures: Detailed procedures for making and receiving payments under the agreement
6. Appendix A - Original Loan Agreement: Copy of the original loan agreement being shared
7. Appendix B - Security Documents: Copies of any security documents related to the loan
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