Facilities Agreement for Malta
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Facilities Agreement
"I need a Facilities Agreement for a €5 million secured term loan facility between MaltaBank plc as lender and TechGrowth Limited as borrower, with quarterly repayments over 5 years starting March 2025, including standard financial covenants for a technology company."
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1. Parties: Identification of the lender(s), borrower(s), and any guarantors or other parties
2. Background: Context of the facility and purpose of the agreement
3. Definitions and Interpretation: Defined terms, construction rules, and interpretation principles
4. The Facility: Details of the facility type, amount, and purpose
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for utilizing the facility
7. Interest: Interest calculation, periods, and payment provisions
8. Repayment: Terms and schedule for repayment of the facility
9. Prepayment: Voluntary and mandatory prepayment provisions
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Information Undertakings: Obligations to provide financial and other information
12. Financial Covenants: Financial ratios and tests to be maintained
13. General Undertakings: General positive and negative obligations of the borrower
14. Events of Default: Circumstances that trigger default and enforcement rights
15. Changes to Parties: Transfer and assignment provisions
16. Payment Mechanics: Payment procedures, timing, and currency provisions
17. Set-off: Rights of set-off and application of payments
18. Notices: Communication methods and contact details
19. Calculations and Certificates: Basis for calculations and evidence of amounts due
20. Remedies and Waivers: Rights and remedies of the parties
21. Miscellaneous: General boilerplate provisions
22. Governing Law and Enforcement: Choice of Maltese law and jurisdiction provisions
1. Accordion Facility: Optional section for when the facility includes an option to increase the facility amount
2. Multiple Currencies: Required when the facility can be drawn in different currencies
3. Security: Include when the facility is secured by any form of collateral
4. Guarantees: Required when there are guarantors supporting the facility
5. Tax Gross Up and Indemnities: Detailed tax provisions needed for cross-border facilities
6. Increased Costs: Required for regulated lenders to pass on regulatory cost increases
7. Market Disruption: Include for facilities with floating interest rates
8. Anti-Corruption and Sanctions: Detailed provisions required for international facilities or regulated lenders
9. Bank Agency Provisions: Required for syndicated facilities with multiple lenders
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request utilization of the facility
3. Repayment Schedule: Detailed amortization schedule if term facility
4. Form of Transfer Certificate: Template for transferring commitments between lenders
5. Form of Compliance Certificate: Template for periodic confirmation of financial covenants
6. Existing Security: Details of any existing security interests
7. Financial Covenant Calculations: Detailed methodology for calculating financial covenants
8. Contact Details: Administrative and notice details for all parties
9. Form of Accession Deed: Template for additional parties joining the agreement
10. Transaction Security Documents: Forms of security documents if facility is secured
Authors
Banking
Financial Services
Real Estate
Infrastructure
Manufacturing
Retail
Healthcare
Energy
Technology
Transportation
Hospitality
Construction
Maritime
Aviation
Telecommunications
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Operations
Company Secretarial
Transaction Management
Loan Administration
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Risk Manager
Credit Manager
Relationship Manager
Transaction Manager
Finance Manager
Company Secretary
Banking Executive
Loan Officer
Senior Finance Associate
Corporate Banking Manager
Financial Controller
General Counsel
Head of Corporate Banking
Senior Credit Analyst
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