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Trade Finance Agreement
"I need a Trade Finance Agreement for my manufacturing company based in Penang, Malaysia, with HSBC Malaysia as the lender for a USD 5 million letter of credit facility to support our electronics component imports from Taiwan."
1. Parties: Identifies and defines the financial institution(s) and the customer(s), including their registered addresses and registration numbers
2. Background: Sets out the context of the agreement, including the nature of the customer's business and their trade finance requirements
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Facility Terms: Details the type, amount, and purpose of the trade finance facility
5. Conditions Precedent: Lists the conditions that must be satisfied before the facility becomes available
6. Utilization: Specifies how and when the customer can access the facility
7. Interest and Fees: Details all applicable interest rates, fees, and charges
8. Repayment Terms: Specifies repayment obligations, schedules, and mechanisms
9. Security: Outlines the security arrangements required for the facility
10. Representations and Warranties: Lists the customer's confirmations about their legal and financial status
11. Covenants: Sets out the customer's ongoing obligations throughout the facility period
12. Events of Default: Defines circumstances that would constitute a default and the consequences
13. Bank's Rights and Remedies: Outlines the bank's powers and remedies in various circumstances
14. General Provisions: Contains standard clauses on notices, amendments, assignments, etc.
15. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction
1. Islamic Finance Provisions: Required when the facility is Shariah-compliant, detailing specific Islamic finance structures and requirements
2. Syndication Provisions: Needed when multiple lenders are involved, detailing the relationships between lenders
3. Foreign Exchange Provisions: Required when the facility involves multiple currencies or foreign exchange transactions
4. Digital Platform Terms: Needed when the trade finance facility involves use of electronic platforms or systems
5. Insurance Requirements: Detailed insurance provisions when specific insurance coverage is critical to the facility
6. Agency Provisions: Required when an agent bank is appointed to act on behalf of multiple lenders
7. Counter-Indemnity: Needed for facilities involving guarantees or standby letters of credit
1. Facility Particulars: Detailed breakdown of facility limits, sub-limits, and specific terms
2. Fee Schedule: Comprehensive list of all fees, charges, and commission rates
3. Security Documents: List and copies of all security documents required
4. Condition Precedent Documents: Checklist of all required documents and evidence
5. Utilization Request Forms: Standard forms for requesting drawdown or utilization of the facility
6. Compliance Certificate: Template for periodic compliance certification
7. Pricing Schedule: Detailed pricing mechanisms and calculations
8. Approved Trade Finance Products: List and description of permitted trade finance products under the facility
Authors
Banking and Financial Services
International Trade
Manufacturing
Import/Export
Commodities Trading
Wholesale Distribution
Logistics and Supply Chain
Maritime and Shipping
Agriculture and Food
Textiles and Apparel
Electronics and Technology
Oil and Gas
Legal
Finance
Treasury
Trade Operations
Risk Management
Compliance
Credit
Corporate Banking
International Banking
Trade Processing
Documentary Credits
Transaction Banking
Chief Financial Officer
Treasury Manager
Trade Finance Manager
Finance Director
Corporate Banking Manager
Trade Operations Manager
Risk Manager
Compliance Officer
Legal Counsel
Credit Manager
Relationship Manager
Financial Controller
Import/Export Manager
Supply Chain Manager
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