The Conditional Loan Agreement is a crucial financial instrument used in Indian lending transactions where funds are provided subject to specific conditions being met. This document type is particularly relevant when lenders require certain prerequisites to be fulfilled before loan disbursement or maintain specific requirements throughout the loan tenure. The agreement must comply with Indian contract law, banking regulations, and financial services guidelines, making it essential for both institutional and private lending arrangements. It typically includes comprehensive details about the loan structure, security arrangements, representations and warranties, covenants, and remedies available to parties. The document is commonly used in various contexts, from corporate financing to project-specific funding, and can be adapted to different security structures and lending requirements while maintaining its core conditional nature.
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1. Parties: Identification of the lender and borrower with complete details including registration numbers, addresses, and authorized representatives
2. Background: Context of the loan agreement, purpose of the loan, and brief description of the conditions attached
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and detailed description of its intended use
5. Conditions Precedent: Conditions that must be satisfied before the loan becomes available
6. Drawdown: Process and requirements for accessing the loan funds
7. Interest: Interest rate, calculation method, and payment schedule
8. Repayment Terms: Schedule and method of loan repayment, including prepayment provisions
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Ongoing obligations of the borrower during the loan term
11. Events of Default: Circumstances that constitute default and their consequences
12. Remedies: Lender's rights and remedies in case of default
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Security: Details of any collateral or security provided - include when loan is secured
2. Guarantee: Terms of any guarantee provided - include when there are guarantors
3. Insurance: Insurance requirements for secured assets - include for secured loans
4. Assignment and Transfer: Rights to assign or transfer the loan - include when transferability is permitted
5. Step-In Rights: Lender's rights to take control in specific circumstances - include for project financing
6. Syndication: Provisions for multiple lenders - include for syndicated loans
7. Tax Provisions: Specific tax-related obligations - include when tax implications are significant
8. Force Majeure: Provisions for unforeseen circumstances - include when relevant to loan purpose
1. Schedule 1 - Conditions Precedent Checklist: Detailed list of all conditions that must be satisfied before loan disbursement
2. Schedule 2 - Drawdown Notice Format: Template for requesting loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule with payment dates and amounts
4. Schedule 4 - Security Details: Comprehensive description of security/collateral if applicable
5. Schedule 5 - Compliance Certificate Format: Template for periodic compliance reporting
6. Schedule 6 - Financial Covenants: Detailed financial ratios and requirements to be maintained
7. Appendix A - Key Project Documents: List and copies of relevant project documents if project-specific loan
8. Appendix B - Form of Legal Opinions: Template for required legal opinions
Relevant legal definitions
Clauses
Definitions and Interpretation
Loan Facility
Purpose
Conditions Precedent
Conditions Subsequent
Drawdown
Interest
Fees
Tax Gross-up
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
General Undertakings
Financial Covenants
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Severability
Force Majeure
Indemnification
Assignment and Transfer
Costs and Expenses
Governing Law
Dispute Resolution
Jurisdiction
Loan Facility
Purpose
Conditions Precedent
Conditions Subsequent
Drawdown
Interest
Fees
Tax Gross-up
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
General Undertakings
Financial Covenants
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Severability
Force Majeure
Indemnification
Assignment and Transfer
Costs and Expenses
Governing Law
Dispute Resolution
Jurisdiction
Relevant Industries
Banking and Financial Services
Real Estate and Construction
Manufacturing
Infrastructure
Technology and Software
Healthcare
Retail and Consumer Goods
Agriculture
Education
Energy and Utilities
Transportation and Logistics
Hospitality
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretarial
Credit
Operations
Business Development
Project Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Company Secretary
Treasury Manager
Credit Risk Manager
Compliance Officer
Banking Relationship Manager
Loan Officer
Corporate Finance Manager
Financial Controller
Managing Director
Project Finance Manager
Risk Management Officer
Business Development Manager
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