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Debt Assumption Agreement
"I need a Debt Assumption Agreement under Malaysian law where ABC Manufacturing Sdn Bhd will assume a RM 5 million business loan from XYZ Industries Sdn Bhd, with CIMB Bank as the creditor, to be completed by March 2025."
1. Parties: Identifies all parties: the original debtor, the new debtor assuming the debt, and the creditor
2. Background: Recitals explaining the existing debt arrangement and the intention to transfer the debt obligations
3. Definitions: Defines key terms including the Existing Debt, Security (if any), and other relevant terms
4. Debt Assumption: Core provision where new debtor assumes the debt and details of the assumption mechanism
5. Original Debtor's Release: Provisions regarding the release of the original debtor from the debt obligations
6. New Debtor's Obligations: Details of the new debtor's responsibilities and commitments under the assumed debt
7. Creditor's Consent: Express consent of the creditor to the debt assumption arrangement
8. Representations and Warranties: Standard representations from all parties regarding capacity and authority
9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and relevant jurisdiction for disputes
1. Security Arrangements: Required if the original debt is secured and new security arrangements need to be established
2. Conditions Precedent: Include if the assumption is subject to specific conditions being met
3. Corporate Authorizations: Required if any party is a corporate entity needing specific approvals
4. Tax Provisions: Include if there are specific tax implications that need to be addressed
5. Step-in Rights: Required if the creditor needs specific rights to enforce against either debtor
6. Transitional Provisions: Include if there's a phased transition of the debt obligations
1. Schedule 1 - Details of Existing Debt: Comprehensive details of the debt being assumed including amount, interest rate, payment terms
2. Schedule 2 - Security Details: If applicable, details of any security arrangements associated with the debt
3. Schedule 3 - Payment Schedule: Detailed schedule of payments to be made by the new debtor
4. Schedule 4 - Corporate Authorizations: Copies of relevant corporate approvals and resolutions
5. Schedule 5 - Original Debt Documentation: Copies or details of the original debt agreements being assumed
Authors
Assumed Debt
Business Day
Completion Date
Creditor
Debt Documents
Default Interest Rate
Effective Date
Encumbrance
Existing Security
Facility Agreement
Interest Rate
New Debtor
Original Debtor
Outstanding Amount
Payment Date
Principal Amount
Repayment Schedule
Security
Security Documents
Stamp Duty
Transaction Documents
Debt Assumption
Payment Obligations
Release and Discharge
Security
Representations and Warranties
Conditions Precedent
Covenants
Events of Default
Indemnification
Assignment
Notices
Confidentiality
Force Majeure
Amendment
Severability
Governing Law
Dispute Resolution
Further Assurance
Costs and Expenses
Entire Agreement
Counterparts
Banking and Financial Services
Real Estate and Property Development
Construction
Manufacturing
Corporate Services
Infrastructure
Energy and Utilities
Telecommunications
Legal
Finance
Treasury
Corporate Finance
Risk Management
Compliance
Corporate Secretarial
Credit Control
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Treasury Manager
Financial Controller
Risk Manager
Corporate Secretary
Debt Restructuring Officer
Credit Manager
Investment Banker
Corporate Finance Manager
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