The Financial Agreement is a crucial document used in Malaysian banking and finance transactions to formalize lending arrangements, credit facilities, or other financial obligations. It is designed to comply with Malaysian financial regulations, including the Financial Services Act 2013, Contracts Act 1950, and relevant Bank Negara Malaysia directives. This document is essential when establishing credit facilities, term loans, revolving credits, or other financial arrangements between lenders and borrowers. It includes comprehensive provisions covering financial terms, security arrangements, representations and warranties, covenants, and events of default. The agreement can be adapted for both conventional and Islamic financial transactions, making it versatile for various financial needs while ensuring regulatory compliance in the Malaysian context.
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1. Parties: Identification of all parties to the agreement with full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Facility/Financial Terms: Core financial terms including amount, purpose, and repayment terms
5. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective
6. Representations and Warranties: Statements of fact and assurances given by the parties
7. Covenants: Ongoing obligations of the parties throughout the agreement term
8. Events of Default: Circumstances constituting default and consequences
9. Interest and Fees: Details of interest calculations, rates, and applicable fees
10. Payments: Payment mechanisms, timing, and allocation of payments
11. Security: Details of any security or collateral arrangements
12. Termination: Circumstances and procedures for termination
13. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction
14. General Provisions: Standard legal provisions including notices, amendments, and assignment
1. Islamic Finance Provisions: Required if the agreement needs to comply with Shariah principles
2. Guarantee: Include if there are third-party guarantors
3. Insurance: Required if specific insurance coverage is mandatory
4. Tax Provisions: Detailed tax arrangements if complex tax implications exist
5. Agency Provisions: Required in syndicated facilities or when agents are involved
6. Currency Provisions: Required for cross-border transactions or multiple currency facilities
7. Anti-Money Laundering Compliance: Detailed AML provisions for high-risk or large transactions
8. Force Majeure: Optional provisions for unforeseen circumstances affecting performance
1. Schedule 1 - Facility Details: Detailed breakdown of facility terms, limits, and pricing
2. Schedule 2 - Conditions Precedent Documents: List of required documents and conditions
3. Schedule 3 - Repayment Schedule: Detailed payment dates and amounts
4. Schedule 4 - Security Documents: List and copies of security documents
5. Schedule 5 - Forms: Standard forms for drawdown, notices, etc.
6. Schedule 6 - Calculation of Interest/Fees: Detailed methodology for calculations
7. Appendix A - Compliance Certificates: Format of required compliance certificates
8. Appendix B - Financial Covenants: Detailed financial ratios and calculations
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Technology
Retail
Construction
Infrastructure
Healthcare
Education
Agriculture
Mining
Energy
Telecommunications
Transportation
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit Analysis
Operations
Corporate Banking
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Risk Manager
Compliance Officer
Treasury Manager
Financial Controller
Banking Relationship Manager
Corporate Secretary
Risk Management Officer
Financial Analyst
Credit Analysis Manager
Legal Director
Transaction Manager
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