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1. Parties: Identification of the Lender(s) and Borrower(s) with full legal names and registration details
2. Background: Recitals explaining the original loan agreement, reasons for amendment and restatement, and confirmation that this agreement supersedes the original
3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation
4. Amendment and Restatement: Express provisions regarding the amendment and restatement of the original agreement
5. The Facility: Details of the loan facility including amount, purpose, and availability
6. Interest: Interest rate, calculation method, payment periods, and default interest
7. Repayment: Repayment schedule, prepayment provisions, and payment mechanics
8. Security: Description of security arrangements and confirmation of existing security
9. Representations and Warranties: Statements of fact and assurances given by the Borrower
10. Covenants: Positive and negative obligations of the Borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Provisions for assignment and transfer of rights
13. Administration: Administrative provisions including notices and calculations
14. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction for disputes
15. Execution: Signature blocks and execution formalities
1. Facility Agent and Security Agent: Required for syndicated loans with multiple lenders to detail the roles and responsibilities of agents
2. Guarantees: Required when the loan is supported by guarantors
3. Islamic Finance Provisions: Required for Shariah-compliant facilities to ensure compliance with Islamic banking principles
4. Increased Costs and Tax Gross-Up: Optional provisions for dealing with changes in law or regulation affecting the cost of lending
5. Market Disruption: Optional provisions dealing with disruption to interest rate markets or quotations
6. Set-off Rights: Optional provisions allowing the lender to set off debts against other accounts
7. Subordination: Required when there are multiple creditors and hierarchies of debt need to be established
1. Original Loan Agreement: Copy of the original loan agreement being amended and restated
2. Conditions Precedent: List of documents and conditions required before the amended agreement becomes effective
3. Form of Drawdown Request: Standard form for requesting disbursements under the facility
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Security Documents: List and copies of all security documents
6. Existing Defaults and Waivers: Details of any existing defaults under the original agreement and related waivers
7. Financial Covenants: Detailed financial ratios and calculations required to be maintained
8. Form of Compliance Certificate: Standard form for periodic certification of compliance with agreement terms
Affiliate
Agreement
Availability Period
Banking Day
Base Lending Rate
Borrower
Business Day
Charged Property
Commitment
Compliance Certificate
Default
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Effective Date
Encumbrance
Event of Default
Facility
Facility Amount
Financial Indebtedness
Financial Statements
Governmental Agency
Group
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Material Adverse Effect
Original Loan Agreement
Permitted Security Interest
Potential Event of Default
Prepayment Amount
Principal
Repayment Date
Repayment Schedule
Security
Security Agreement
Security Documents
Security Interest
Security Provider
Specified Time
Subsidiary
Tax
Total Commitment
Transaction Documents
Unpaid Sum
Definitions
Amendment and Restatement
Facility Terms
Interest
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Severability
Assignment
Third Party Rights
Governing Law
Dispute Resolution
Force Majeure
Indemnification
Costs and Expenses
Tax Provisions
Currency Provisions
Entire Agreement
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Trading and Commerce
Infrastructure and Construction
Technology and Communications
Energy and Resources
Agriculture and Plantations
Healthcare and Pharmaceuticals
Transportation and Logistics
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Credit Administration
Corporate Banking
Operations
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Credit Risk Manager
Compliance Officer
Company Secretary
Relationship Manager
Loan Officer
Financial Controller
Banking Executive
Risk Management Officer
Corporate Banking Manager
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