Inter Credit Agreement Template for India

An Inter Credit Agreement governed by Indian law is a comprehensive legal document that establishes the terms and conditions for credit facilities between financial institutions. The agreement operates within the framework of Indian banking regulations, particularly the Banking Regulation Act, 1949, and RBI guidelines. It details the lending arrangement, including facility amount, interest rates, repayment terms, security arrangements, and the rights and obligations of all participating financial institutions. The document incorporates specific Indian legal requirements, including stamp duty compliance and registration requirements where applicable.

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What is a Inter Credit Agreement?

The Inter Credit Agreement serves as the primary document governing credit relationships between financial institutions in India. It is typically used when one financial institution extends credit facilities to another, whether for liquidity management, industry-specific lending, or specialized financing arrangements. The agreement must comply with Indian banking regulations, RBI guidelines, and other relevant legislation such as the Banking Regulation Act, 1949, and SARFAESI Act. The document includes detailed provisions for facility terms, drawdown mechanisms, security arrangements, regulatory compliance requirements, and default remedies. It's particularly important in the Indian context where inter-bank lending and credit relationships are subject to strict regulatory oversight and specific legal requirements.

What sections should be included in a Inter Credit Agreement?

1. Parties: Identifies and provides details of the financial institutions entering into the agreement

2. Background: Sets out the context and purpose of the inter-credit arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. The Facility: Details the credit facility, including amount, purpose, and availability period

5. Conditions Precedent: Specifies conditions that must be satisfied before the facility becomes available

6. Drawdown: Sets out the mechanism and process for drawing down the credit facility

7. Interest: Specifies interest rates, calculation methods, and payment periods

8. Repayment: Details the repayment schedule and mechanisms

9. Prepayment: Provisions regarding voluntary and mandatory prepayment

10. Representations and Warranties: Standard declarations made by both parties

11. Covenants: Positive and negative obligations of the parties

12. Events of Default: Lists circumstances constituting default and consequences

13. Changes to Parties: Provisions for assignment and transfer of rights

14. Administration: Covers operational aspects like payments, calculations, and notices

15. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution mechanism

What sections are optional to include in a Inter Credit Agreement?

1. Security: Include when the facility is secured by specific assets or guarantees

2. Syndication Provisions: Required when multiple lenders are involved or syndication is contemplated

3. Increased Costs: Include when regulatory changes might affect lending costs

4. Market Disruption: Include for floating rate facilities to address market disruption scenarios

5. Tax Gross-Up and Indemnities: Include when tax implications need specific attention

6. Currency Provisions: Required when dealing with multiple currencies

7. Set-off Rights: Include when specific set-off arrangements are needed

8. Subordination: Include when the credit facility needs to be subordinated to other debt

What schedules should be included in a Inter Credit Agreement?

1. Schedule 1 - Conditions Precedent Documents: List of documents required before facility becomes effective

2. Schedule 2 - Form of Drawdown Notice: Template for requesting drawdown under the facility

3. Schedule 3 - Repayment Schedule: Detailed repayment dates and amounts

4. Schedule 4 - Form of Transfer Certificate: Template for transferring rights and obligations

5. Schedule 5 - Financial Covenants Calculations: Formulas and methods for calculating financial covenants

6. Schedule 6 - Forms of Security Documents: Templates of security documentation if applicable

7. Appendix A - Interest Calculation Examples: Examples showing interest calculation methodology

8. Appendix B - Contact Details: List of authorized contacts and notice details for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use

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