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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."
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
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
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
Affiliate
Availability Period
Business Day
Completion Date
Conditions Precedent
Construction Period
Default
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Enforcement Event
Environment
Environmental Law
Environmental Permit
Event of Default
Facility
Facility Agent
Facility Agreement
Final Maturity Date
Finance Documents
Financial Close
Financial Indebtedness
Financial Model
Financial Year
Force Majeure
Governing Law
Hedging Agreement
Insurance Proceeds
Interest Payment Date
Interest Period
Interest Rate
Lender
License
Loan
Material Adverse Effect
Operating Period
Payment Date
Permitted Security
Project
Project Accounts
Project Assets
Project Company
Project Costs
Project Documents
Project Site
Repayment Date
Repayment Schedule
Required Insurance
Security
Security Agent
Security Documents
Security Interest
Security Period
Sponsor
Subsidiary
Tax
Technical Advisor
Technical Report
Transaction Documents
Definitions and Interpretation
Facility Terms
Conditions Precedent
Drawdown
Interest and Fees
Repayment
Prepayment
Security
Representations and Warranties
Covenants
Events of Default
Market Disruption
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Dispute Resolution
Environmental Compliance
Insurance
Project Accounts
Cost Overrun
Force Majeure
Technical Requirements
Operational Covenants
Financial Covenants
Information Undertakings
Tax Provisions
Intercreditor Arrangements
Security Trust
Agency Provisions
Assignment and Transfer
Indemnities
Costs and Expenses
Severability
Infrastructure
Energy
Oil and Gas
Real Estate Development
Transportation
Renewable Energy
Mining
Industrial Development
Telecommunications
Healthcare Infrastructure
Utilities
Waste Management
Agriculture
Legal
Finance
Treasury
Risk Management
Compliance
Project Management
Corporate Finance
Credit
Technical Services
Operations
Investment Banking
Due Diligence
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
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