The Revolving Credit Agreement is a crucial financing document used when a borrower requires flexible access to credit over an extended period. This agreement, governed by Maltese law, establishes a facility where the borrower can draw down funds, repay them, and reborrow them as needed, up to a predetermined limit. It is commonly used for working capital financing, general corporate purposes, or ongoing operational needs. The document must comply with Maltese banking regulations, including the Banking Act (Chapter 371) and Financial Institutions Act (Chapter 376), and incorporates necessary consumer protection provisions where applicable. The agreement includes comprehensive provisions covering facility mechanics, security arrangements, covenants, and events of default, making it suitable for both bilateral and syndicated lending arrangements under Maltese jurisdiction.
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1. Parties: Identification of the lender(s) and borrower(s), including registration details and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the revolving credit facility, including amount, purpose, and revolving nature
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Utilisation: Process and requirements for drawing down the facility
7. Repayment and Prepayment: Terms for repayment, prepayment options, and revolving nature of the facility
8. Interest: Interest calculation, payment periods, and default interest provisions
9. Fees and Expenses: All applicable fees, charges, and cost allocation
10. Tax Provisions: Tax-related obligations and gross-up provisions
11. Representations and Warranties: Statements of fact and assurances given by the borrower
12. Information Undertakings: Borrower's obligations to provide financial and other information
13. General Undertakings: Borrower's general operational and financial covenants
14. Events of Default: Circumstances constituting default and consequences
15. Changes to Parties: Provisions for assignment, transfer, and succession
16. Administration: Administrative provisions including calculations and payments
17. Notices: Communication methods and contact details
18. Governing Law and Jurisdiction: Maltese law as governing law and jurisdiction provisions
1. Security: Required when the facility is secured - details of security arrangements and enforcement
2. Guarantee: Required when there are guarantors - terms of guarantee and guarantor obligations
3. Increased Costs and Market Disruption: Optional provisions for managing market disruption and cost increases
4. Set-off Rights: Optional provisions for set-off rights, particularly relevant for existing banking relationships
5. Multi-currency Provisions: Required if the facility can be drawn in multiple currencies
6. Consumer Protection Provisions: Required when the borrower is a consumer under Maltese law
7. Data Protection: Detailed data protection provisions required when personal data is processed extensively
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Utilisation Request: Standard form for requesting drawdowns
3. Form of Compliance Certificate: Template for periodic compliance certification
4. Calculation of Interest and Fees: Detailed methodology for calculating interest and fees
5. Repayment Schedule: If applicable, schedule of repayment dates and amounts
6. Form of Transfer Certificate: Standard form for transferring interests in the facility
7. Security Details: If secured, detailed description of security assets and arrangements
8. Contact Details: List of administrative and contact details for all parties
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