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Debt Financing Agreement for Singapore

Debt Financing Agreement Template for Singapore

A Debt Financing Agreement under Singapore law is a legally binding contract that establishes the terms and conditions under which a lender provides financial facilities to a borrower. The agreement is governed by Singapore's robust financial regulatory framework, including the Companies Act, Banking Act, and relevant MAS regulations. It details the loan amount, interest rates, repayment terms, security arrangements, and events of default, while ensuring compliance with Singapore's strict financial services regulations and corporate lending requirements.

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Debt Financing Agreement

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What is a Debt Financing Agreement?

The Debt Financing Agreement serves as the primary document governing lending relationships in Singapore's sophisticated financial market. It is commonly used when companies seek external funding for various purposes including working capital, expansion, or specific projects. The agreement must comply with Singapore's comprehensive regulatory framework, including MAS guidelines and the Companies Act. This document typically includes detailed provisions on facility terms, security arrangements, representations and warranties, and enforcement mechanisms, all structured within Singapore's legal context. The agreement's format and content reflect both international banking practices and local regulatory requirements, making it suitable for both domestic and cross-border financing arrangements.

What sections should be included in a Debt Financing Agreement?

1. Parties: Identification and details of the lender and borrower

2. Background: Context of the financing arrangement and purpose of the loan

3. Definitions: Key terms used throughout the agreement

4. Facility Details: Loan amount, purpose, and drawdown conditions

5. Interest and Fees: Interest rate, calculation method, and applicable fees

6. Repayment Terms: Schedule of repayments and prepayment provisions

7. Representations and Warranties: Statements of fact by the borrower

8. Covenants: Ongoing obligations of the borrower

9. Events of Default: Circumstances triggering default and consequences

What sections are optional to include in a Debt Financing Agreement?

1. Security: Details of collateral and security arrangements - include when the loan is secured

2. Guarantees: Terms of any guarantees provided - include when third-party guarantees are involved

3. Syndication Provisions: Terms for multiple lenders - include for syndicated loans

4. Foreign Exchange Provisions: Currency conversion and exchange rate terms - include for cross-border financing

What schedules should be included in a Debt Financing Agreement?

1. Conditions Precedent: List of documents and conditions required before drawdown

2. Repayment Schedule: Detailed schedule of repayment dates and amounts

3. Form of Drawdown Notice: Template for requesting loan disbursements

4. Security Documents: Forms of security documentation

5. Financial Covenants Schedule: Detailed financial ratios and requirements

6. Fee Schedule: Breakdown of all applicable fees

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions







































Clauses


































Industries

Companies Act (Cap. 50): Primary legislation governing corporate borrowing powers, requirements for corporate authorization, and registration of charges. Essential for establishing the legal framework of corporate debt financing.

Securities and Futures Act (Cap. 289): Regulates securities-related aspects of debt financing, including disclosure requirements and licensing requirements if the debt instruments qualify as securities.

Banking Act (Cap. 19): Governs regulations on bank lending and requirements for licensed financial institutions in Singapore.

Moneylenders Act (Cap. 188): Covers licensing requirements, interest rate restrictions, and regulations for entities falling under the moneylender definition.

MAS Guidelines: Regulatory guidelines from Monetary Authority of Singapore covering financial institution regulations, anti-money laundering, and know-your-customer requirements.

Consumer Protection (Fair Trading) Act: Provides protection for individual borrowers and small businesses in financial transactions.

Interest Rate Regulations: Framework covering usury laws and maximum interest rate limitations in Singapore.

Security and Collateral Requirements: Regulations governing registration requirements and stamp duty implications for securing debt financing.

Tax Legislation: Covers withholding tax requirements and stamp duty obligations relevant to debt financing arrangements.

Foreign Exchange Control Regulations: Regulations pertaining to international lending and currency restrictions in cross-border financing.

Insolvency Laws: Framework governing priority of claims and enforcement rights in case of default or bankruptcy.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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