The Business Funding Agreement is essential for transactions where businesses in Malaysia seek financial support for various purposes such as expansion, working capital, or specific projects. This document is crucial in the Malaysian business landscape where funding arrangements must comply with specific local regulations including the Financial Services Act 2013, Companies Act 2016, and relevant Bank Negara Malaysia guidelines. The agreement typically includes detailed provisions for funding amount, disbursement conditions, repayment terms, security arrangements, representations and warranties, covenants, and events of default. It serves to protect both the funding provider's interests in terms of security and repayment, and the recipient's interests in terms of clear funding terms and conditions.
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1. Parties: Identification of the funding provider and recipient with full legal names and registration details
2. Background: Context of the funding arrangement, purpose, and relationship between parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Funding Amount and Purpose: Specification of the funding amount, purpose, and any tranches or conditions
5. Disbursement Terms: Conditions precedent, process, and timing for disbursement of funds
6. Repayment Terms: Schedule, method, and conditions for repayment including interest calculations
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Covenants: Ongoing obligations and restrictions on the recipient's activities
9. Events of Default: Circumstances constituting default and consequences
10. Termination: Circumstances and process for early termination
11. Notices: Process and addresses for formal communications
12. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction
13. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability
1. Security Arrangements: Include when the funding is secured by assets or guarantees
2. Guarantees: Include when there are personal or corporate guarantors
3. Conversion Rights: Include for convertible funding arrangements
4. Board Rights: Include when funder receives board representation or observer rights
5. Information Rights: Include when specific reporting requirements beyond standard covenants are needed
6. Insurance Requirements: Include when specific insurance coverage is mandatory
7. Environmental and Social Requirements: Include for ESG-linked funding or when required by funder policy
8. Shareholder Approval: Include when funding arrangement requires shareholder approval
1. Disbursement Schedule: Detailed timeline and conditions for fund disbursement tranches
2. Repayment Schedule: Detailed repayment dates and amounts
3. Conditions Precedent: List of all documents and conditions required before disbursement
4. Security Details: Description of security assets and registration requirements
5. Form of Drawdown Notice: Template for requesting disbursement of funds
6. Financial Covenants: Detailed financial ratios and requirements to be maintained
7. Permitted Investments: List of approved investment activities for the funded amount
8. Required Insurance: Details of mandatory insurance coverage and terms
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Technology and Innovation
Real Estate and Construction
Retail and Consumer Goods
Healthcare and Medical Services
Agriculture and Food Production
Energy and Utilities
Transportation and Logistics
Education and Training
Hospitality and Tourism
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Credit Administration
Business Development
Investment
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Financial Controller
Treasury Manager
Credit Risk Manager
Compliance Officer
Business Development Manager
Company Secretary
Investment Manager
Relationship Manager
Due Diligence Officer
Risk Assessment Manager
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