The Commercial Loan Agreement serves as the primary legal instrument for documenting commercial lending transactions in Malaysia. This document is essential when a financial institution extends credit to a business entity, requiring a formal agreement that complies with Malaysian banking and financial services regulations. The agreement covers crucial aspects including facility terms, security arrangements, representations and warranties, covenants, and events of default. It is designed to protect both lender and borrower interests while ensuring compliance with Malaysian legal requirements, including the Financial Services Act 2013, Companies Act 2016, and relevant Bank Negara Malaysia guidelines. The document is particularly important for securing large-scale commercial financing and establishing legally enforceable lending relationships in the Malaysian business context.
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1. Parties: Identification of the lender and borrower with full legal names and registration details
2. Background: Context of the loan arrangement and brief description of the purpose
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the loan amount, purpose, and availability period
5. Interest and Fees: Interest rate, calculation method, fees, and charges
6. Drawdown: Conditions and procedures for drawing down the loan
7. Repayment Terms: Repayment schedule, payment methods, and prepayment provisions
8. Representations and Warranties: Borrower's confirmations about their legal and financial status
9. Covenants: Positive and negative obligations of the borrower during the loan period
10. Events of Default: Circumstances constituting default and consequences
11. Security: Overview of security arrangements for the loan
12. Payments: Payment mechanics, currency, and tax provisions
13. Changes to Parties: Assignment and transfer provisions
14. Notices: Communication requirements and contact details
15. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Guarantees: Required when there are third-party guarantors for the loan
2. Insurance: Required when specific insurance coverage is mandatory for the loan
3. Security Trustee Provisions: Required in syndicated loans with multiple lenders
4. Islamic Banking Provisions: Required when the loan needs to comply with Shariah principles
5. Foreign Exchange Provisions: Required when the loan involves multiple currencies
6. Subordination: Required when there are multiple creditors with different priorities
7. Agency Provisions: Required in syndicated loans with an appointed facility agent
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Form of Drawdown Notice: Template for borrower to request loan disbursement
3. Repayment Schedule: Detailed amortization table or repayment dates
4. Security Documents: List and copies of all security documents
5. Form of Transfer Certificate: Template for transferring loan participation
6. Financial Covenants: Detailed financial ratios and calculations
7. Permitted Security Interests: List of pre-approved security interests
8. Form of Compliance Certificate: Template for periodic compliance reporting
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Corporate Finance
Commercial Lending
Real Estate
Manufacturing
Trading
Construction
Technology
Energy
Infrastructure
Retail
Healthcare
Agriculture
Transportation
Hospitality
Relevant Teams
Legal
Finance
Corporate Banking
Risk Management
Compliance
Credit
Treasury
Corporate Secretarial
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Banking Lawyer
Relationship Manager
Credit Officer
Risk Manager
Compliance Officer
Corporate Secretary
Treasury Manager
Financial Controller
Commercial Director
Business Development Manager
Company Director
Managing Director
Finance Manager
Credit Analyst
Legal Manager
Banking Officer
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