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Loan Transfer Agreement
"I need a Loan Transfer Agreement under Indonesian law for transferring a corporate loan portfolio worth IDR 50 billion from Bank Mandiri to HSBC Indonesia, with the transfer to be completed by March 2025."
1. Parties: Identifies the transferor (original lender), transferee (new lender), and borrower (if party to the agreement)
2. Background: Describes the original loan agreement, the intention to transfer, and any relevant context
3. Definitions: Defines key terms used throughout the agreement, including references to the original loan agreement
4. Transfer: Details the mechanics of the transfer, including the effective date and scope of rights and obligations being transferred
5. Consideration: Specifies the payment or other consideration for the transfer
6. Conditions Precedent: Lists conditions that must be satisfied before the transfer becomes effective
7. Representations and Warranties: Standard representations from both transferor and transferee, including authority, capacity, and loan status
8. Covenants: Ongoing obligations of the parties post-transfer
9. Notices: Process for giving notices under the agreement
10. Governing Law and Jurisdiction: Confirms Indonesian law as governing law and specifies jurisdiction for disputes
11. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability
1. Security Transfer: Required if there is any security package being transferred along with the loan
2. Foreign Currency Provisions: Required if the loan involves foreign currency elements, ensuring compliance with Law No. 24 of 1999
3. Regulatory Compliance: Specific section needed if the transfer requires particular regulatory approvals or notifications
4. Tax Provisions: Detailed tax provisions required if there are specific tax implications or withholding requirements
5. Partial Transfer Provisions: Required if only part of the loan is being transferred
6. Agency Provisions: Required if there is a facility agent involved in the loan structure
7. Borrower Consent: Required if borrower consent is needed under the original loan agreement
1. Schedule 1 - Original Loan Agreement: Copy or details of the original loan agreement being transferred
2. Schedule 2 - Loan Details: Specific details of the loan being transferred, including amount, interest rate, and payment terms
3. Schedule 3 - Transfer Documents: Forms of any additional transfer documentation required
4. Schedule 4 - Security Documents: List and copies of any security documents being transferred
5. Schedule 5 - Conditions Precedent Documents: List of all documents required as conditions precedent
6. Schedule 6 - Form of Transfer Notice: Standard form for notifying relevant parties of the transfer
7. Schedule 7 - Regulatory Approvals: Copies of or requirements for any necessary regulatory approvals
Authors
Assigned Rights
Business Day
Closing Date
Completion
Conditions Precedent
Cut-off Date
Effective Date
Encumbrance
Event of Default
Existing Security
Finance Documents
Financial Indebtedness
Governmental Authority
IDR
Interest Period
Law
Loan
Loan Agreement
Material Adverse Effect
Original Lender
New Lender
OJK
Outstanding Amount
Parties
Purchase Price
Regulatory Approval
Related Documents
Relevant Jurisdiction
Security
Security Documents
Transfer
Transfer Certificate
Transfer Date
Transfer Documents
Transfer Notice
Transfer Rights
Transferred Assets
Transferor
Transferee
Working Hours
Definitions
Transfer of Rights and Obligations
Consideration
Conditions Precedent
Completion
Representations and Warranties
Covenants
Security Transfer
Regulatory Compliance
Documentation
Payment Provisions
Tax
Costs and Expenses
Notices
Confidentiality
Assignment
Amendments
Severability
Further Assurance
Counterparts
Waiver
Force Majeure
Indemnification
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Language
Banking
Financial Services
Investment Management
Corporate Finance
Real Estate
Infrastructure
Manufacturing
Energy
Mining
Telecommunications
Agriculture
Healthcare
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Finance
Portfolio Management
Loan Administration
Transaction Management
Investment
Risk Management
Banking Operations
Restructuring
Legal Counsel
Finance Director
Chief Financial Officer
Banking Relationship Manager
Credit Risk Manager
Compliance Officer
Treasury Manager
Portfolio Manager
Loan Officer
Transaction Manager
Corporate Finance Manager
Investment Manager
Managing Director
Chief Legal Officer
Risk Officer
Debt Trading Manager
Restructuring Officer
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