Confirmation for Execution of Documents

[on letterhead of solicitors ]

TO:

OCBC BANK (MALAYSIA) BERHAD*

OCBC AL-AMIN BANK BERHAD*

Customer(s):OCBC’s Ref :

Facilities:Our Ref :

Property(ies):

CONFIRMATION FOR EXECUTION OF DOCUMENTS

Item / DOCUMENTS ENCLOSED / *Select /

BANKS’ COMMENTS

1.1 / Where Customer(s)/Security party (ies) are
individuals – Copy of NRIC/passport (if non-citizan)
*Customer(s)
*Chargor(s) / Assignor(s)
*Guarantor(s) / Depositor(s)
*Others :
1.2 / Where Customer/Security parties (Chargor/Corporate Guarantor) / Vendor are
(a)companies/societies – * CTC of certificate of incorporation, M&A/constitution, shareholders and board resolution(s), Forms24, 44 and 491 and CCM search report:-
(b)partnership - CTC ofbusiness registration certificate:-
1 For foreign company, enclose the relevant forms/documents
*Customer(s)
*Chargor(s) / Assignor(s)
*Guarantor(s) / Depositor(s)
*Others:-
2. / Sale & Purchase Agreement (whole SPA for the Property and the accessory parcel)
*Principal S&P Agreement dated.2007
(required where no individual title) relevant pages only
* Current S&P Agreement dated
3. / Land search conducted (after receiving instructions) dated:
*Master title
* Individual title (*incl. Block Title if Strata Title)
4. / Copy of individual title (* incl. Block Title if Strata Title)
5. / Other documents (if any):-
*Power of Attorney from Purchaser/Customer to its attorney (CTC)
*Power of Attorney from Vendor to its Attorney (CTC) (not applicable to developers)
* Letter Appointment of Agent to Accept Service of Legal Process & Appointed agent’s NRIC
B /

DOCUMENTS FOR EXECUTION

6. / (a) Facility Agreement ( copies)
(b) Asset Purchase Agreement & Ijarah Agreement ( copies each)
(c) Asset Purchase Agreement & Musharakah Mutanaqisah Agreement & Ijarah Agreement
( copies)
(d) Novation Agreement ( copies)
7. / Land Charge :-
(a) West M'sia - Form 16A NLC
( copies)
(b) East M'sia - Memorandum of Charge ( copies)
(c) Charge Annexure ( copies)
8. / * Deed of Assignment/Supplemental Deed of Assignment (for Property)
( copies)
9. / Power of Attorney (for Property)
( copies)
10. / Letter of Guarantee ( copies)
11. / Cash Deposit Agreement
(copies)
12. / Assignment of Proceeds
( copies)
13. / Charge over Securities ( copies)
14. / Entry of *Private Caveat (copies)
15. / Withdrawal of * Private Caveat
( copies)
16 / Other documents(list & state copies enclosed) / Kindly also refer to Appendix 1 attached for your further action
N.B. Please inform the developer to forward their progressive claims to :-
EMM Loan Document Unit (ELD)
9th Floor, Wisma Lee Rubber
No.1 Jalan Melaka
50100 Kuala Lumpur
(a)
(b)
(c)
DOCUMENTS REQUIRED FROM BANK
17 / The Bank's undertaking in favour of the Developer/Vendor - we have reviewed the format requested by the *Developer/Vendor and *other than the amendments we have indicated in the format, it is in order for the Bank to issue the same.
18. / Documentation Administration Fee
Cheque No. : Dated:
Bank :
Amount RM
C. / SOLICITORS’ CONFIRMATION : / Documents Returned To Solicitors:
1. We confirm that: -
(a)Where there is/are underlying transaction(s), the transaction(s) is/are valid and enforceable and the underlying transaction(s) and financing and security arrangement are not in breach of any laws;
(b)the particulars of the parties, securities and terms of the Facilities are correct and incorporated into the financing and security documents and the Bank’s interests are protected;
(c)based on the information furnished to us and that obtained by us from public records and searches conducted, the Bank's security arrangements are in order and free from any legal impediments; and
(d)we have adequately advised the Borrower and security parties about the nature, terms and effect of the facilities, the financing and security documents.
2. Documents
We *have/will ascertain that the original title/Principal SPA, the assignments and reassignments in respect of the property(ies) are with the *existing financier/vendor. If any of these documents are missing, we will advise you of any alternative documentation and/or approach available to the Bank / (1) * Executed / Unexecuted – See Comments above.
(2) Unexecuted documents are to be returned to the Bank within 3 days with your confirmation that the proposed amendments are acceptable, have been attended to & that the documents are in order for execution.
(3) Please ensure that the amendments are initialed by the customer/security parties (where applicable).
* We enclose herewith copies of CTC Power Attorney (PA) for registration at the relevant Land Office/ Registry. Kindly return the duly registered PA for our safe custody in due course.
Signature of Firm:
Name of Firm: / Documents executed by Bank's Attorney:
Registered with :
Under Presn. No:
Dated:
Attending Solicitor
Date : / Officer-in-charge:
Contact No(s) :
Date:

* Please select (tick) or denote “N/A” if not applicable

OCBC(M)&AL-AMIN/EMM/1-2012