The Loan Facility Agreement is a crucial document in Malaysian banking and finance transactions, used when a financial institution provides funding to borrowers for various business or personal purposes. This agreement must comply with Malaysian banking regulations, including the Financial Services Act 2013 and Bank Negara Malaysia guidelines, while potentially accommodating Islamic banking principles under the Islamic Financial Services Act 2013. It captures all essential elements of the lending relationship, including facility terms, security arrangements, borrower obligations, and lender rights. The document is particularly important in Malaysia's dynamic financial landscape, where both conventional and Islamic banking systems operate concurrently, requiring careful consideration of regulatory compliance and market practices.
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1. Parties: Identification of the lender(s) and borrower(s) with full legal names and registration details
2. Background: Context of the loan facility, including purpose and key commercial terms agreed
3. Definitions and Interpretation: Definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility can be drawn
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest rate, calculation method, and payment terms
8. Repayment: Terms and schedule for repayment of the facility
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the facility period
11. Events of Default: Circumstances that constitute default and consequences thereof
12. Security: Overview of security arrangements for the facility
13. Payments: Payment mechanics, currency, and timing requirements
14. Changes to Parties: Rules regarding assignment and transfer of rights and obligations
15. Notices: Communication requirements and contact details
16. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Islamic Banking Provisions: Required when the facility needs to be Shariah-compliant, including specific Islamic financing structures
2. Syndication Provisions: Required for syndicated facilities involving multiple lenders
3. Guarantee: Include when there are guarantors for the facility
4. Intercreditor Provisions: Required when there are multiple creditors with different priorities
5. Currency Provisions: Required for multi-currency facilities
6. Insurance: Detailed insurance requirements when specific insurance coverage is required
7. Tax Provisions: Detailed tax provisions when complex tax implications exist
8. Agency Provisions: Required when a facility agent is appointed in syndicated facilities
1. Schedule 1 - Conditions Precedent: Detailed list of documents and conditions required before facility utilization
2. Schedule 2 - Form of Drawdown Notice: Template for borrower to request drawdown of the facility
3. Schedule 3 - Repayment Schedule: Detailed repayment dates and amounts
4. Schedule 4 - Security Documents: List and details of all security documents
5. Schedule 5 - Form of Transfer Certificate: Template for transferring rights and obligations under the facility
6. Schedule 6 - Calculation of Interest: Detailed methodology for interest calculation
7. Schedule 7 - Facility Specific Terms: Specific commercial terms of the facility
8. Schedule 8 - Properties: Details of any properties provided as security
9. Appendix A - Form of Legal Opinion: Template for legal opinion required from borrower's counsel
10. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification by borrower
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