A Loan Agreement is a fundamental document in Indian financial transactions, essential for both institutional and private lending arrangements. This document is used when a lender agrees to provide financial assistance to a borrower, whether for business expansion, asset acquisition, working capital, or other purposes. The agreement must comply with Indian banking regulations, RBI guidelines, and various statutory requirements including the Indian Contract Act, 1872, Registration Act, 1908, and state-specific stamp duty laws. It typically includes detailed provisions on loan disbursement, interest calculation, repayment mechanisms, security creation (if applicable), events of default, and enforcement rights. The document's structure and content may vary depending on the loan type (term loan, working capital, project finance) and whether it's a bilateral or syndicated facility.
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1. Parties: Identifies and provides full details of the lender(s) and borrower(s), including their legal status and addresses
2. Background: Explains the context of the loan and purpose for which it is being granted
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its approved purpose
5. Interest Rate and Calculations: Details the applicable interest rate(s), calculation method, and payment frequency
6. Repayment Terms: Outlines the repayment schedule, installment amounts, and payment methods
7. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed
8. Representations and Warranties: States the facts and assurances provided by the borrower regarding their status and ability to repay
9. Borrower's Covenants: Details ongoing obligations and restrictions on the borrower during the loan term
10. Events of Default: Defines circumstances that constitute default and their consequences
11. Lender's Rights and Remedies: Outlines the lender's rights in case of default or breach
12. Notices: Specifies how formal communications between parties should be made
13. Governing Law and Jurisdiction: Establishes the applicable law and courts for dispute resolution
14. Miscellaneous: Includes standard boilerplate provisions like severability, entire agreement, and amendments
1. Security/Collateral: Required when the loan is secured by assets or guarantees
2. Guarantor Provisions: Needed when third-party guarantors are involved in securing the loan
3. Insurance Requirements: Included when specific insurance coverage is required for secured assets or the borrower
4. Prepayment Terms: Details early repayment options and any associated penalties or benefits
5. Assignment and Transfer: Required when either party may need to transfer their rights or obligations
6. Syndication Provisions: Needed for loans involving multiple lenders or potential syndication
7. Step-in Rights: Included when lender may need to take control of certain assets or operations
8. Force Majeure: Optional clause dealing with unforeseen circumstances affecting loan performance
1. Repayment Schedule: Detailed amortization table showing payment dates and breakdown of principal and interest
2. Security Details: Comprehensive description of any collateral or security provided
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied before disbursement
4. Form of Drawdown Notice: Template for requesting loan disbursements
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Key Financial Covenants: Detailed financial ratios and thresholds to be maintained
7. Permitted Security Interests: List of pre-approved encumbrances on assets
8. Fee Schedule: Breakdown of all applicable fees and charges
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