This Revolving Credit Loan Agreement is designed for use in Malta when establishing a flexible borrowing arrangement where funds can be drawn, repaid, and redrawn over time. It's particularly suitable for businesses requiring ongoing access to working capital or funding for cyclical operations. The agreement must comply with Maltese financial services regulations, including the Banking Act and Financial Institutions Act, and may need to incorporate consumer protection provisions if the borrower is a consumer. The document typically includes comprehensive terms on facility limits, interest calculations, drawdown procedures, security arrangements, and covenant packages. It can be adapted for both bilateral and syndicated lending arrangements and can incorporate additional features such as multiple currencies or tranches as required by the transaction structure.
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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 purpose of the facility
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. The Facility: Core terms of the revolving credit facility including amount, purpose, and availability period
5. Drawdown Conditions: Conditions precedent and procedural requirements for drawdowns
6. Interest and Fees: Interest calculation, payment terms, and applicable fees
7. Repayment and Prepayment: Terms for repayment, prepayment rights and conditions
8. Representations and Warranties: Borrower's representations and warranties
9. Covenants: Positive and negative covenants of the Borrower
10. Events of Default: List of events of default and their consequences
11. Changes to Parties: Assignment and transfer provisions
12. Administration: Operational aspects including calculations, notices, and payments
13. General Provisions: Miscellaneous legal provisions including amendments, waivers, and severability
1. Security: Required if the facility is secured - details of security arrangements
2. Guarantees: Required if there are guarantors - terms of guarantee
3. Multiple Borrowers: Required for multiple borrowers - joint and several liability provisions
4. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border or complex arrangements
5. Increased Costs: provisions for regulatory changes affecting the lender's costs
6. Set-off Rights: Detailed set-off provisions for use with sophisticated borrowers
7. Bank Accounts: Required if specific account arrangements are needed
8. Currency Provisions: Required for multi-currency facilities
1. Conditions Precedent: List of required documents and conditions for initial drawdown
2. Form of Drawdown Request: Template for borrower to request drawdowns
3. Form of Compliance Certificate: Template for periodic compliance certification
4. Repayment Schedule: If applicable, schedule of repayment dates and amounts
5. Fee Schedule: Detailed breakdown of all applicable fees
6. Financial Covenants: Detailed financial covenants and calculations
7. Security Documents: List and copies of security documents if facility is secured
8. Permitted Security: List of security interests permitted under the agreement
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