Sub Loan Agreement Template for Singapore

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Key Requirements PROMPT example:

Sub Loan Agreement

"I need a Sub Loan Agreement for a $5 million facility from our Singapore subsidiary to our Indonesian manufacturing entity, with quarterly repayments starting March 2025 and including security over the manufacturing equipment."

Document background
The Sub Loan Agreement is utilized when structuring complex financing arrangements where funds need to be channeled from a primary lender through an intermediate entity to an ultimate borrower. This document, governed by Singapore law, is particularly common in project financing, corporate group structures, and investment arrangements. The agreement details the relationship between the intermediate lender and sub-borrower, including loan amount, interest rates, repayment terms, and security arrangements, while ensuring compliance with Singapore's banking and financial regulations. It typically includes provisions that align with the primary loan agreement and addresses subordination requirements.
Suggested Sections

1. Parties: Identification and details of the lender and borrower

2. Background: Context of the sub-loan arrangement and relationship to primary loan

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of loan amount and permitted uses

5. Interest and Fees: Interest rate, calculation method, and applicable fees

6. Repayment Terms: Schedule and method of repayment

7. Conditions Precedent: Conditions that must be satisfied before drawdown

8. Representations and Warranties: Standard declarations by borrower regarding their status and capacity

9. Events of Default: Circumstances constituting default and consequences

Optional Sections

1. Security Arrangements: Details of any collateral or security, applicable when loan is secured by assets or guarantees

2. Subordination Provisions: Provisions regarding ranking of the loan, applicable when there are multiple creditors or complex debt structures

3. Tax Provisions: Handling of tax implications and withholding requirements, applicable for cross-border elements or specific tax treatment

4. Assignment and Transfer: Rights to transfer or assign the loan, applicable when parties want flexibility to transfer rights/obligations

Suggested Schedules

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Form of Drawdown Notice: Template for requesting loan disbursements

3. Security Documents: List and copies of security documentation (if applicable)

4. Conditions Precedent Documents: List of required documents and conditions for drawdown

5. Primary Loan Terms: Summary of relevant primary loan terms affecting the sub-loan

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
Industries

Banking Act (Cap. 19): Primary legislation that regulates banking business and financial institutions in Singapore, including provisions on loan restrictions and requirements

Moneylenders Act (Cap. 188): Regulates moneylending activities in Singapore, particularly relevant if the sub-loan involves non-bank lenders

Securities and Futures Act (Cap. 289): Applies when the loan involves securities or is part of a structured finance arrangement

Contracts Act (Cap. 53): Governs contract formation, validity, and enforcement under Singapore law, including fundamental principles of contract law

Civil Law Act (Cap. 43): Contains provisions regarding interest rates and enforcement of loan agreements

Insolvency, Restructuring and Dissolution Act 2018: Relevant for default scenarios and enforcement provisions in loan agreements

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore covering lending practices and requirements for financial institutions

MAS Notice 626: Anti-money laundering and counter-terrorism financing requirements for banks in Singapore

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data, relevant for handling borrower information

Companies Act (Cap. 50): Regulates corporate entities, including provisions on corporate borrowing powers and restrictions

Corruption, Drug Trafficking and Other Serious Crimes Act: Contains provisions related to anti-money laundering requirements and reporting obligations

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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