Revolving Facility Agreement for Malta

Revolving Facility Agreement Template for Malta

A Revolving Facility Agreement governed by Maltese law is a comprehensive financing document that establishes a flexible borrowing arrangement where the borrower can draw down, repay, and re-borrow funds up to an agreed limit during the facility period. The agreement complies with Maltese banking regulations, the Banking Act (Chapter 371), and relevant EU regulations. It details all aspects of the lending relationship including utilization mechanics, interest calculations, repayment terms, representations, warranties, covenants, and events of default, while incorporating specific requirements of Maltese financial services legislation and civil law principles.

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What is a Revolving Facility Agreement?

The Revolving Facility Agreement is a crucial financing document used when businesses require flexible access to credit for working capital, general corporate purposes, or specific project funding. This type of facility allows borrowers to draw down funds as needed, repay them, and then re-borrow within the facility limit, providing significant operational flexibility. Under Maltese law, these agreements must comply with the Banking Act, Financial Institutions Act, and relevant EU regulations, making them particularly suitable for Malta-based operations or cross-border transactions involving Maltese entities. The document includes comprehensive provisions covering facility mechanics, conditions precedent, representations, covenants, and events of default, while incorporating specific Maltese law requirements regarding security interests, enforcement, and banking regulations.

What sections should be included in a Revolving Facility Agreement?

1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers

2. Background: Context of the facility and relationship between the parties

3. Definitions and Interpretation: Defined terms, rules of interpretation, and currency conventions

4. The Facility: Core terms of the revolving facility including amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before utilization of the facility

6. Utilisation: Process and requirements for drawing down the facility

7. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

8. Interest: Interest calculation, periods, and payment provisions

9. Fees: All applicable fees including arrangement, commitment, and utilization fees

10. Tax Gross Up and Indemnities: Tax-related provisions and associated indemnities

11. Changes in Circumstances: Provisions for market disruption, increased costs, and illegality

12. Representations: Borrower's representations and warranties

13. Information Undertakings: Requirements for financial and other information delivery

14. General Undertakings: Positive and negative covenants of the borrower

15. Events of Default: Circumstances constituting default and consequences

16. Changes to Parties: Transfer and assignment provisions

17. Administration: Payment mechanics, calculations, and notices

18. Governing Law and Enforcement: Choice of law and jurisdiction provisions

What sections are optional to include in a Revolving Facility Agreement?

1. Financial Covenants: Specific financial ratios and tests - include when financial covenants are required

2. Security: Security package details - include when facility is secured

3. Guarantee: Guarantee provisions - include when there are guarantors

4. Bank Accounts: Mandatory account arrangements - include when specific account structure is required

5. Accordion Feature: Facility increase provisions - include when facility may be increased

6. Multi-currency Provisions: Currency switching mechanisms - include for multi-currency facilities

7. Majority Lenders: Syndicate decision-making - include for syndicated facilities

8. Agency Provisions: Facility agent's role - include for syndicated facilities

9. Anti-corruption Provisions: Specific anti-corruption undertakings - include for cross-border facilities

10. Sanctions Provisions: Sanctions compliance - include for international borrowers/lenders

What schedules should be included in a Revolving Facility Agreement?

1. Conditions Precedent: List of required documents and conditions

2. Form of Utilisation Request: Standard form for drawing down the facility

3. Form of Transfer Certificate: Template for transferring commitments/loans

4. Form of Compliance Certificate: Template for financial covenant compliance

5. Repayment Schedule: If applicable, schedule of repayment dates and amounts

6. Form of Accession Deed: Template for additional borrowers/guarantors joining

7. Interest Calculation Examples: Examples of interest calculations

8. Form of Assignment Agreement: Template for assigning rights under the agreement

9. Existing Security: Details of any existing security arrangements

10. Contact Details: Administrative and notice details for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malta

Publisher

Genie AI

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use

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