Facility and Loan Agreement Documentation

Facility, Loan and Financing Agreements for Corporate Borrowers and Lenders

Financing documentation where the covenants, the security and the events of default are understood by the borrower before the first drawdown, not after.

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  • Advocates & Solicitors
  • Offices in Kuala Lumpur & Johor Bahru
  • Confidential, no obligation
Ahmad Solehin Abd Ghani, PartnerNur Khalis Johar Amin, PartnerNur Amira Syahira, Senior AssociateSiti Zubaidah Jemadi, Senior AssociateSiti Sarah Sarif, Senior AssociateMadihah Hisham, AssociateNur Afiqah Qasrina, AssociateKritigeswari P. Ramesh, AssociateHafiz Azhari Zamree, AssociateNur Ashsyifa' Aqila, Trainee Associate

Real lawyers, one team behind every matter

Who this is for

Sound familiar?

01

Companies borrowing from banks or financial institutions

02

Businesses granting or taking intercompany and shareholder loans

03

Groups refinancing or restructuring existing facilities

04

Parties providing corporate or personal guarantees

05

Borrowers who have been offered terms and want them assessed before accepting

What's at stake

What is really at stake

  1. 01
    Term sheets from lenders read like a summary of the interest rate.The facility agreement that follows is where the actual obligations live — financial covenants tested quarterly, restrictions on distributions, change of control provisions, cross-default clauses reaching into agreements you signed years ago.
  2. 02
    Most borrowers sign because the funding is needed and the documents arrived late.Nobody models whether the covenants can actually be met if a single quarter goes badly.
  3. 03
    The first anyone hears about a breach is a letter from the lender, and by then the leverage has moved entirely to one side of the table.

In plain words

Facility and Loan Agreement Documentation

Drafting, review and negotiation of facility and loan agreements — the drawdown mechanics, interest and fees, conditions precedent, representations, financial and general covenants, events of default and their consequences, together with the security package supporting the facility.

What good looks like

Imagine knowing exactly which covenants your business is tested against, when they are tested, and how much headroom you have. Restrictions negotiated to fit how you actually operate. A facility that funds the business rather than constraining it in ways nobody anticipated.

What you get

What we deliver

Scope and fee are agreed in writing before any work starts, so you know exactly what you are getting.

  1. 01

    Term sheet review with the real obligations identified

  2. 02

    Covenants and restrictions reviewed against your operating reality

  3. 03

    Facility agreement and security documentation drafted or reviewed

  4. 04

    Conditions precedent managed through to drawdown

  5. 05

    Advice on stamping, charge registration and discharge

How we work

Clear from the first conversation

  1. 1

    Send a short request

    Tell us what the matter is about. It takes under a minute and stays confidential.

  2. 2

    Akmal sets a time with you

    We reply within 30 minutes in office hours to arrange your consultation, online or at our KL or JB office.

  3. 3

    Advice, then a written proposal

    You get a clear view of the issues and options, then a written scope and fee proposal.

  4. 4

    Work begins on the agreed scope

    Akmal leads the matter with a team of our lawyers, working to the scope you approved. You get regular updates at every key step.

Scope and fee in writingAgreed before any work starts. No open-ended billing surprises.
Online where it suits youMost work is done online. We meet in person when the law requires it.
Fast, direct repliesWithin 30 minutes during office hours, Mon–Fri 8:30am–5:30pm.

Who leads your matter

Led by Akmal Saufi, supported by our team

Akmal leads your matter as Partner. Depending on the work, other lawyers in our team handle parts of it day to day, with Akmal overseeing the matter.

Akmal Saufi

Akmal Saufi

Partner, Messrs Akmal Saufi & Co

  • Advocate & Solicitor, Malaysia
  • Over 13 years in transactional work: M&A, joint ventures, land and infrastructure
  • LLB (Hons), International Islamic University Malaysia

The team behind your matter

Meet the team →
Ahmad Solehin Abd Ghani, Partner
Ahmad Solehin Abd GhaniPartner
Nur Khalis Johar Amin, Partner
Nur Khalis Johar AminPartner
Nur Amira Syahira, Senior Associate
Nur Amira SyahiraSenior Associate
Siti Zubaidah Jemadi, Senior Associate
Siti Zubaidah JemadiSenior Associate
Siti Sarah Sarif, Senior Associate
Siti Sarah SarifSenior Associate
Madihah Hisham, Associate
Madihah HishamAssociate
Nur Afiqah Qasrina, Associate
Nur Afiqah QasrinaAssociate
Kritigeswari P. Ramesh, Associate
Kritigeswari P. RameshAssociate
Hafiz Azhari Zamree, Associate
Hafiz Azhari ZamreeAssociate
Nur Ashsyifa' Aqila, Trainee Associate
Nur Ashsyifa' AqilaTrainee Associate

Who we have acted for

Organisations we have acted for

Federal government agencies & statutory bodies

Johor state bodies & local authorities

Government-linked companies

Private sector & NGOs

Shown with permission. Government agencies, statutory bodies and government-linked companies are identified as such. Their inclusion does not imply endorsement by any government, ministry or agency.

Next step

Request a consultation with Akmal

  1. 1Send a short request. It takes under a minute.
  2. 2Akmal reviews it and arranges a time with you.
  3. 3You get clear advice, then a written scope and fee proposal.

We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm

Your details stay confidential. Sending a request does not mean you have appointed us.

  • Licensed advocates & solicitors
  • Professional indemnity insured
  • Offices in KL & JB

Questions

Frequently asked questions

Still unsure? Send a short request and Akmal will tell you plainly whether and how we can help.

Can we negotiate a bank's standard facility agreement?

More than most borrowers assume, particularly on covenant levels, cure rights and the reach of cross-default clauses. It is worth trying.

What security will be required?

It depends on the facility and the lender, but commonly a debenture, charges over property, assignments of receivables, and guarantees. We document all of these.

What happens if we breach a covenant?

That depends entirely on how the events of default and cure provisions are drafted, which is why they deserve attention before signature.

Do intercompany loans need formal documentation?

Yes. Undocumented intercompany lending creates tax, accounting and enforceability problems, and is one of the first things a buyer's diligence will find.

Can you act for the lender?

Yes, we act on both sides of financing transactions, though never on the same one.

What is Legal That Works?

Legal That Works is a business and organisation oriented legal service designed by Messrs Akmal Saufi & Co (the firm that has brought the widely known legal consumer services brand ASCOLAW). We specifically help business owners and organisation leadership to navigate Malaysia’s legal terrain to achieve their commercial goals.

What if I’m not sure what legal service I need?

No problem. Most business owners aren’t legal experts. Just reach out and we will guide you to the right service or help you understand your options, without jargon or upselling.

Who will be helping me?

Your matter is led by Akmal Saufi, Partner. Depending on the work, other advocates and solicitors in our team will handle parts of it day to day, with Akmal overseeing the matter. You will always deal with real lawyers, not chatbots or generic customer support.

Before you sign

The cost of waiting

Covenants are negotiable before acceptance and very rarely afterwards. Once drawn down, a variation is a request rather than a negotiation.

WhatsApp us

We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm

Legal That Works logo

Legal That Works (Messrs Akmal Saufi & Co) is a Malaysian business friendly legal services firm providing services across multiple industries and practice area fuelling business growth and ambition.

All rights reserved. © Legal That Works is a legal service by Messrs Akmal Saufi & Co (Registration No. 00020004166). 2014-2026
Regulated by the Malaysian Bar Council under the Legal Profession Act 1976.

Legal That Works logo

Legal That Works (Messrs Akmal Saufi & Co) is a Malaysian business friendly legal services firm providing services across multiple industries and practice area fuelling business growth and ambition.

All rights reserved. © Legal That Works is a legal service by Messrs Akmal Saufi & Co (Registration No. 00020004166). 2014-2026

Regulated by the Malaysian Bar Council under the Legal Profession Act 1976.

Legal That Works logo

Advocates & Solicitors in Kuala Lumpur and Johor Bahru

Legal That Works logo

Advocates & Solicitors, KL and JB