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Creditor Agreement Template for Malaysia

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Key Requirements PROMPT example:

Creditor Agreement

"I need a Creditor Agreement for a secured corporate loan of RM 5 million to a manufacturing company, with quarterly interest payments and full repayment by March 2025, including provisions for equipment collateral and corporate guarantees."

Document background
The Creditor Agreement serves as a fundamental legal instrument in Malaysian financial transactions, establishing the framework for lending relationships between parties. It is essential when any form of credit is extended, whether in commercial lending, private loans, or corporate financing. The document ensures compliance with Malaysian financial regulations and banking laws, including the Financial Services Act 2013, Contracts Act 1950, and relevant Bank Negara Malaysia guidelines. It covers crucial elements such as loan terms, interest rates, security arrangements, default provisions, and enforcement mechanisms. This agreement is particularly important in protecting the creditor's interests while clearly defining the debtor's obligations and responsibilities. It can be adapted for various lending scenarios, from simple bilateral loans to complex corporate financing arrangements, and may include additional features such as guarantees, security interests, or specific covenants depending on the transaction's nature.
Suggested Sections

1. Parties: Identification of the creditor and debtor with full legal names, registration numbers (if companies), and addresses

2. Background: Context of the credit arrangement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the credit amount and its intended use

5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment periods

6. Repayment Terms: Payment schedule, method of payment, and prepayment provisions

7. Representations and Warranties: Statements of fact and assurances from the debtor regarding their financial condition and ability to repay

8. Covenants: Ongoing obligations of the debtor during the term of the agreement

9. Events of Default: Circumstances constituting default and consequences thereof

10. Remedies: Rights and remedies available to the creditor upon default

11. Notices: Process and requirements for formal communications between parties

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

13. General Provisions: Standard contractual provisions including amendments, assignment, and severability

Optional Sections

1. Security: Details of any collateral or security provided - include when the loan is secured

2. Guarantees: Terms of any personal or corporate guarantees - include when there are guarantors

3. Insurance Requirements: Obligations to maintain insurance on security - include for secured loans

4. Financial Covenants: Specific financial ratios or conditions to be maintained - include for corporate borrowers

5. Cross-Default: Provisions linking default under other agreements - include for complex lending relationships

6. Set-off Rights: Right to set off debts against other accounts - include when parties have multiple relationships

7. Subordination: Priority ranking of the debt - include when there are multiple creditors

8. Change of Control: Provisions dealing with change in debtor ownership - include for corporate borrowers

Suggested Schedules

1. Schedule 1 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts

2. Schedule 2 - Security Details: Detailed description of any security or collateral provided

3. Schedule 3 - Conditions Precedent: List of conditions to be satisfied before drawdown

4. Schedule 4 - Form of Drawdown Notice: Template for requesting disbursement of funds

5. Schedule 5 - Compliance Certificate: Template for periodic compliance certification

6. Appendix A - Calculation of Interest: Detailed methodology for interest calculations

7. Appendix B - Required Insurance: Specifications for required insurance coverage

8. Appendix C - Form of Guarantee: Template guarantee document for guarantors

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Banking

Financial Services

Investment Management

Real Estate

Manufacturing

Retail

Construction

Trading

Technology

Professional Services

Healthcare

Education

Agriculture

Mining

Telecommunications

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Corporate Banking

Collections

Account Management

Investment

Operations

Documentation

Regulatory Affairs

Corporate Secretarial

Internal Audit

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Treasury Manager

Financial Controller

Credit Analyst

Loan Officer

Corporate Banking Manager

Relationship Manager

Collections Manager

Legal Director

Company Secretary

Banking Executive

Credit Risk Officer

Financial Analyst

Investment Manager

Account Manager

Industries








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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