Project Financing Agreement Template for Malaysia

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Key Requirements PROMPT example:

Project Financing Agreement

"I need a Project Financing Agreement under Malaysian law for a renewable energy project in Sarawak, with a consortium of three local banks as lenders and specific provisions for environmental compliance and indigenous land rights."

Document background
The Project Financing Agreement is a crucial document used in Malaysia for large-scale project finance transactions where funding is primarily based on project cash flows rather than sponsor balance sheets. This agreement is essential when implementing major infrastructure, energy, or development projects that require substantial capital investment. The document comprehensively addresses all aspects of the financing arrangement, including facility terms, security structures, drawdown mechanisms, and compliance with Malaysian regulatory requirements. It is specifically designed to operate within the Malaysian legal framework, taking into account local banking regulations, securities laws, and specific industry requirements. The agreement typically involves multiple stakeholders and requires careful consideration of Malaysian law requirements, particularly the Financial Services Act 2013 and Capital Markets and Services Act 2007.
Suggested Sections

1. Parties: Identification of all parties to the agreement including lenders, borrowers, sponsors, and security providers

2. Background: Context of the project financing, including project description and purpose of the facility

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. The Facility: Details of the financing facility including amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility

6. Drawdown: Procedures and requirements for drawing down the facility

7. Interest and Fees: Interest rates, calculation methods, and all applicable fees

8. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

9. Security: Overview of security package and enforcement rights

10. Representations and Warranties: Standard and project-specific representations and warranties

11. Covenants: Positive, negative, and financial covenants

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Provisions regarding assignments, transfers, and changes to lenders or borrowers

14. Administration: Administrative provisions including notices and calculations

15. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

Optional Sections

1. Insurance: Detailed insurance requirements - required for projects with significant physical assets

2. Environmental and Social Requirements: Environmental and social obligations - needed for projects with environmental impact

3. Project Accounts: Waterfall and account structure - needed for complex project financings

4. Intercreditor Provisions: Required when multiple classes of lenders are involved

5. Step-in Rights: Required for projects with critical contracts or concession agreements

6. Islamic Finance Provisions: Required when Islamic financing is part of the structure

7. Political Risk Protection: Required for projects with significant political risk exposure

Suggested Schedules

1. Schedule 1 - Conditions Precedent: Detailed list of all required conditions precedent documents

2. Schedule 2 - Form of Drawdown Request: Template for drawdown requests

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule

4. Schedule 4 - Project Documents: List and copies of all material project documents

5. Schedule 5 - Security Documents: List and copies of all security documents

6. Schedule 6 - Financial Covenants: Detailed financial covenant calculations and reporting requirements

7. Schedule 7 - Form of Compliance Certificate: Template for periodic compliance reporting

8. Schedule 8 - Technical Description of Project: Detailed technical specifications and project scope

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and requirements

10. Schedule 10 - Forms of Transfer Certificates: Templates for transfer of participation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Infrastructure

Energy

Oil and Gas

Real Estate Development

Transportation

Renewable Energy

Mining

Industrial Development

Telecommunications

Healthcare Infrastructure

Utilities

Waste Management

Agriculture

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Project Management

Corporate Finance

Credit

Technical Services

Operations

Investment Banking

Due Diligence

Relevant Roles

Chief Financial Officer

Finance Director

Project Finance Manager

Legal Counsel

Project Director

Risk Manager

Treasury Manager

Compliance Officer

Project Manager

Investment Director

Financial Controller

Corporate Finance Manager

Due Diligence Officer

Senior Banker

Credit Risk Officer

Technical Director

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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