Margin Loan Agreement for Malta
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Margin Loan Agreement
"I need a standard Margin Loan Agreement under Maltese law for a corporate borrower, with a single-currency (EUR) facility of €5 million, using listed equities as collateral, to be completed by March 2025."
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Defined terms, interpretation rules, and construction principles
4. Loan Facility: Core terms of the loan including amount, purpose, and availability
5. Interest and Fees: Interest calculation, payment terms, and applicable fees
6. Margin Requirements: Initial margin, maintenance margin requirements, and valuation methods
7. Collateral Arrangements: Details of eligible collateral, perfection requirements, and substitution rights
8. Margin Calls and Maintenance: Process for margin calls, timing of deposits, and consequences of failure
9. Representations and Warranties: Standard and specific representations by borrower regarding capacity, collateral ownership, etc.
10. Covenants: Ongoing obligations of the borrower including financial covenants and reporting requirements
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement Rights: Lender's rights upon default including collateral liquidation
13. Payments and Calculations: Payment mechanics, calculation periods, and business day conventions
14. Notices: Communication methods and contact details
15. Governing Law and Jurisdiction: Choice of Maltese law and jurisdiction provisions
1. Multiple Currency Provisions: Required if the facility allows for multiple currency drawings or collateral
2. Regulatory Compliance: Specific section for detailed regulatory requirements if dealing with regulated entities
3. Special Collateral Provisions: Required for complex collateral arrangements or special asset classes
4. Tax Provisions: Detailed tax clauses if cross-border elements or special tax considerations apply
5. Assignment and Transfer: Include if transferability of the loan or collateral is contemplated
6. Guarantee Provisions: Required if third-party guarantees are part of the security package
7. Client Classification: Required if dealing with retail clients under MiFID regulations
8. Market Disruption: Provisions dealing with market disruption events if sophisticated parties involved
1. Schedule 1 - Loan Terms: Detailed commercial terms including facility amount, interest rates, and fees
2. Schedule 2 - Eligible Collateral: List of acceptable collateral types and applicable haircuts
3. Schedule 3 - Margin Calculation: Detailed methodology for calculating margin requirements
4. Schedule 4 - Form of Margin Call Notice: Standard form for margin call notifications
5. Schedule 5 - Form of Collateral Transfer Notice: Standard form for transferring or substituting collateral
6. Schedule 6 - Contact Details: Detailed contact information for all notices and communications
7. Appendix A - Account Details: Banking and securities account information
8. Appendix B - Required Documents: List of supporting documents required from the borrower
Authors
Advance
Applicable Rate
Authorised Person
Available Facility
Business Day
Calculation Period
Close-out Amount
Collateral
Collateral Account
Collateral Value
Commitment
Credit Support Document
Custodian
Default Interest
Default Rate
Delegate
Eligible Collateral
Enforcement Event
Event of Default
Facility
Facility Amount
Financial Indebtedness
Haircut
Initial Margin
Interest Payment Date
Interest Period
Lending Office
Loan
Loan Documents
Maintenance Margin
Margin
Margin Call
Margin Call Notice
Margin Deficit
Margin Excess
Margin Loan
Margin Percentage
Market Value
Material Adverse Effect
Maturity Date
Outstanding Amount
Potential Event of Default
Prepayment
Pricing Date
Reference Banks
Repayment Date
Security
Security Interest
Settlement Date
Subsidiary
Tax
Total Loss
Transaction
Valuation Date
Valuation Percentage
Valuation Time
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Fees
Repayment
Prepayment
Margin Requirements
Collateral
Security Interest
Valuation
Margin Maintenance
Margin Calls
Representations and Warranties
Covenants
Information Undertakings
Financial Covenants
Events of Default
Acceleration
Enforcement
Set-off
Currency
Payment Mechanics
Tax Gross-up
Increased Costs
Indemnities
Costs and Expenses
Assignment and Transfer
Amendments
Confidentiality
Notices
Calculations
Severability
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Service of Process
Banking
Financial Services
Investment Services
Wealth Management
Securities Trading
Asset Management
Private Banking
Corporate Finance
Investment Banking
Legal
Compliance
Risk Management
Credit
Treasury
Securities Operations
Wealth Management
Portfolio Management
Financial Control
Client Services
Collateral Management
Legal Counsel
Compliance Officer
Risk Manager
Credit Officer
Relationship Manager
Portfolio Manager
Securities Operations Manager
Treasury Manager
Financial Controller
Investment Advisor
Collateral Manager
Credit Risk Analyst
Legal Director
Head of Lending
Chief Risk Officer
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