Note And Deed Of Trust Template for Malaysia

The Note and Deed of Trust is a crucial document in Malaysian corporate finance, used when companies seek to raise capital through debt securities while providing structured protection for investors. This document type combines the characteristics of a debt instrument with trust arrangements, ensuring proper governance and investor protection under Malaysian law. It's particularly relevant for medium to large-scale financing transactions where multiple investors (noteholders) are involved. The document establishes the trust structure, details the debt obligations, specifies security arrangements if applicable, and sets out the mechanisms for protecting noteholders' interests. It must comply with Malaysian financial regulations, including the Securities Commission requirements and trust laws.

1. Parties: Identifies the Issuer, Trustee, and initial Noteholders

2. Background: Sets out the context of the note issuance and trust arrangement

3. Definitions and Interpretation: Defines key terms and interpretation rules

4. Issue of Notes: Details of the notes being issued, including amount, interest rate, and maturity

5. Trust and Trustee Provisions: Establishes the trust, trustee appointment, powers, and duties

6. Covenants: Issuer's promises and ongoing obligations

7. Events of Default: Circumstances constituting default and consequences

8. Enforcement: Trustee's powers and procedures for enforcing security

9. Meetings of Noteholders: Procedures for noteholder meetings and decision-making

10. Notices: Requirements for giving notices under the deed

11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction