You are on page 1of 9
SECOND SCHEDULE Confirmation of Transactions Our Reference: Account Number: Date: To: [Customer] Re: Confirmation of Transactions Pursuant to the appointment of Bank Islam Malaysia Bethad (the Benk) as your Commodity Purchasing and Selling Agent, we hereby confirm that we have purchased the commodity from the Bank on deferred payment basis and have sold it to Third Party on your behalf as detailed below: 4) Details of Commodity Cerlificate No. (Purchase) | [om] Commodity eel Commodity Seller [iia Miaatee] ‘Commodity Location ye Commodity Price Torsone Tawarrug Facility Agreement ~ Property Financing-i (Tawarrug) ‘Bank Islam Malaysia Berhad BU/TFA/PRT/2014/December 2014 4 2) Confirmation of Commodity Purchased from the Bank Transaction Date/Time T Tetestist] Master Purchase Ticket No. Customer's Ticket No. Bank's Sale Price Payment of the Sale Price | As per the Letter of Offer 3) Confirmation of Sale to Third Party ‘Transaction Date/Time T Certificate No. (Sale) Waster Sale Ticket no: Customer's Ticket T 7 I ‘Commodity Purchaser T eciigiinttiey ‘Commodity Price RMT 7 We will remit the proceeds paid by the Commodity Purchaser to you or the Developer's account with us. THIS IS AN AUTO GENERATED ADVICE. NO SIGNATURE IS REQUIRED. Tewartug Facilly Agreement ~ Property Financing (fawaruq) 2 ‘Bank Islam Molaysia Berhad ‘BU/TEA/PRT/2014/December 2014 THIRD SCHEDULE The Conditions Precedent {which is to be taken and construed as an integral part of this Agreement) (Referred to in Clause 4) (A) The cus hall_have executed ted_and submitted to the Bank the follo (1) The Bank's Letter of Offer duly accepted by the Customer's Authorised Signatories. (2) Original or certified true copies of (it applicable): (a) the Customer's and Jor the Security Party's Board of Directors or Partners’ Resolution or such other written approval as appropriate authorising the following i. the acceptance of the Facility and/or providing the Security for securing the Indebtedness, as the case may be; i. the list of person(s) designated to be the Authorised Signatories of the Customer and/or the Security Party together with their specimen signatures (if epplicable);and lil that the Common Seal of the Customer and/or the Security Party be affixed on all Security Document(s) and/or any other documents relating and/or arising out of the Facility (if applicable); {b) if the Seourity Party is a sole proprietorship or a partnership, the Security Party's Certificate of Registration of Business or other similar documents, as the case may bs; (3) the Security Perty's Memorandum and Articles of Association or Partnership Agreement or Registration Certification ot other similar documents, as the case may be; (4) the Security Party's latest Annual Return, Forms 24,44 and 49; and (5) A Letter of Standing Instruction (if applicable) duly executed by the Customer and stamped; Tawarruq Facility Agreement - Property Financing-i (Tawarruq) ‘Bank Islam Malaysia Berhad BU/TFA/PRT/2014/December 2014 B 8) ‘The Bank shall have receivedibe satisfied that: (1) 2) (3) (a) (5) (6) (7) (8) (9) (10) The Security Documents have been duly executed, stamped and where applicable, presented for registration at the relevant registry Official bankruptoyiwinding up search results on the Customer and the Security Party and the Customer's directors from the office of the Director General of Insolvency, Malaysia (Jabatan Insolvensi Malaysia) and pending thereof, statutory declarations in form and substance satisfactory to the Bank confirming that Customer, the Security Party and the Customer's directors are not bankruptivound up nor that there is bankruptey/winding up action or proceedings being taken or pending against the Customer, the Security Party and the Customer's directors; A certified true copy each of the Security Party's Memorandum and Articles of Association, By-laws, other appropriate constitutional documents, Forms 24, 44 and 48 and other relevant documents evidencing incorporation andfor registration of the Security Party with the relevant authority and other rolevant documents in the form and substance acceptable to the Bank; No event has occurred which in the opinion of the Bank (which opinion shall be final and binding upon the Customer and the Security Party) amounts to a material adverse change in any circumstances including any material adverse change in the constitution, business, condition (financial or otherwise) or operations or prospects or other affairs of the Security Party or which would Tender insufficient or inadequate the securities provided by or under the Security Document; No other event or series of events whether related or not has or have occurred which could er might adversely affect the decision of the Bank to procesd with the Facility: All Conditions Precedent have been fulfilled; Evidence satisfactory to the Bank that all approval authorisations and consents (if any) nacessary for eny matter or thing contemplated by this Agreement and such other documents as may be required by the Bank have baen obtained and remain in full force and effect; The Seourity Perty(s)’s Board of Directors or Partners’ Resolution or other relevant approval is in order (if applicable}; Duly executed and stamped statutory declarations by the Customer and the Security Party thet there is no legal proceeding suit or action whatsoever (whether criminal or civil) instituted against the Customer and the Security Party and they are not an adjudged bankrupt and/or wound up, as the case may be, and there are no patitions pending In court against them; Valuation reports by an independent valuer on the Bank's panel of vaiuers confirming therein the forced value of the asseis charged to the Bank (if applicable); Tewanug Facilly Agreement~ Property Financing-! (awarua) 4 ‘Bank Islam Motaysia Berhad BU/TFA/PRT/2014/December 2014 () (17) (2) Where the separate document of title in respect of land to be charged to the Bank ("Land") has bean Issued by the appropriate authority, the issue document of ttle therefor; or (b) Where the separate document of til in respect ofthe Land has not been issued by the ‘appropriate authority, the original ofthe Sale and Purchese Agreement and such other ‘greements andlor documents evidencing thelr ghts in andor ownership of the Land; and (12) All other conditions deemed appropriate by the Bank or the Bank’s solicitors have been complied with, ‘The Bank's solicitors shall have confirmed to the Bank and/or the Bank shall have received! be satisfied th (1} No winding-up and/or bankruptcy proceedings have bean commenced against the Customer and the Security Party and the Customer's directors and all relevant searches with the relevant authorities have been made and the result of those searches would not jeopardize the security arrangements under the Facility; (2) The Security Oocuments has been duly executed by the parties thereto and stamped and where applicable presented for registration or registered with the relevant authorities and that thay are valld, legally binding and enforceable ‘against the parties that have executed them and that the Bank's interest is protected; {3} The Customer has paid all costs charges solicitors fees stamping and registration fees and other expenses incidental thereto; (4) A search on the property to be charged to the Bank hes been made at the relevant registries or offices and the property is free from any encumbrances whatsoever. In the event that the property is encumbered, except where the chargee is the Bank and the Customer does not wish to take delivery of the Commodity, the relevant letter of undertaking for the discharge of the encumbrances and/or letter of disclaimer from the existing encumbrancer; (5) Searches have been made on the Customer and the Security Party at the Ditector General of Insolvency's Office-and the Companiss Commission of Melaysia end the result thereof are acceptable; (8) the powers of attorney in the Security Documents have been duly stamped and registered at the relevent registries (if applicable); (7) All. powers of attorneys related to the Facility are valid end subsisting {if applicable); (8) The Sale and Purchase Agreement andior any other relevant documents. in respect of the Land are valid and subsisting {If applicable); Tawantug Facility Agreement ~ Property Financing. fawarruq) 45 ‘Bank islam Malaysia Berhad ‘BU/TEA/PRT/2014/December 2014 (2) @) (10) ay (12) (13) All approvals, authorisations and consents {if any) necessary for any matier or thing contemplated by this Agreement and such other documents as may be required by the Bank have been obtained and remain In full force and effect; ‘The Customer and the Security Party have complied with all standard conditions deemed relevant by the Bank and the Bank’s solicitors for a facility of this nature; A private caveat If so required has been entered on betialf of the Bank in respect of the Land (if applicable); and A copy of the current quit rent and assessment receipts in respect of the Land (if applicable). In the event the Customer wishes to take dalvery of the Commodity, the property to be charged under Clause & hereof shell have been perfected andir registered wit the relevant reg[sies and authorities andor, where applicable, any account which the Customer mantis vith any thd party thatthe Bank requires to be seed, shall have been first setded and all costs incurred thereby shall be bore by the Customer, Others [fo specify if anvl: ‘Any other condition precedents as stated In the Letter of Offer Tawarrug Facility Agreement~ Property Financingr! (fawaruq) 46 Bank Islam Mataysla Berhed BU/TFA/PRT/2014/December 2014 FOURTH SCHEDULE (Additional Representations and Warranties) Item Particulars (a) (to specify if any) Any other additional Representation and warranties as stated in the Letter of Offer (if any) Tawarrug Facility Agreement ~ Property Financing-i (Tawarruq) Bank Islam Malaysia Berhad BU/TEA/PRT/2014/December 2014 ” FIFTH SCHEDULE (Additional Events of Default) Item Particulars (to specify if any) Any other additional Events of Default as stated in the Letter of Offer | (if any). Tawarrug Facility Agreement ~ Property Financing-I (Tawarruq) 4“ ‘Bank Islam Malaysia Berhad BU/TFA/PRT/2014/December 2018 SIXTH SCHEDULE (Additional Affirmative Undertakings) Item Particulars (a) _ | (to specify if any) Any other additional Affirmative undertaking as stated in the Letter of Offer (if any). [END OF THIS AGREEMENT] Tawarruq Facility Agreement ~ Property Financing-i (Tawarruq) ‘Bank Islam Malaysia Berhad 7 BU/TFA/PRT/2014/December 2014

You might also like