Loan Agreement With Security for India

Loan Agreement With Security Template for India

A comprehensive legal agreement governed by Indian law that documents a loan arrangement where the borrower provides specific assets as security for the loan amount. The agreement details the loan terms, interest rates, repayment schedule, and creates a security interest over specified assets in favor of the lender. It incorporates provisions from various Indian statutes including the Indian Contract Act, Transfer of Property Act, and SARFAESI Act, providing mechanisms for loan disbursement, maintenance of security, events of default, and enforcement rights. The document ensures legal protection for the lender while establishing clear obligations and rights for all parties involved.

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What is a Loan Agreement With Security?

The Loan Agreement With Security is a crucial document used in secured lending transactions within the Indian jurisdiction. It is typically employed when a lender requires security over specific assets as collateral for a loan, providing additional protection beyond the borrower's promise to repay. The agreement combines elements of both a standard loan agreement and security creation documentation, incorporating requirements from Indian banking regulations, property laws, and security enforcement legislation. It is commonly used in various contexts, from corporate financing to asset-backed lending, and can be adapted for different types of security including immovable property, equipment, receivables, or other assets. The document must comply with specific Indian legal requirements regarding registration, stamp duty, and enforceability of security interests.

What sections should be included in a Loan Agreement With Security?

1. Parties: Identifies and defines the Lender and Borrower with their complete legal names, addresses, and registration details

2. Background: Sets out the context of the loan, including the purpose and the parties' intention to create security

3. Definitions: Defines key terms used throughout the agreement including Loan Amount, Security, Interest Rate, Event of Default etc.

4. Loan Details: Specifies the principal amount, purpose, disbursement conditions and schedule

5. Interest and Fees: Details the interest rate, calculation method, payment periods, and any additional fees or charges

6. Security Creation: Creates and defines the security interest over the specified assets

7. Representations and Warranties: Sets out the statements of fact and assurances given by the Borrower

8. Borrower's Covenants: Lists positive and negative obligations of the Borrower during the loan term

9. Events of Default: Defines circumstances that constitute default and trigger enforcement rights

10. Rights and Remedies: Details the Lender's rights upon default, including enforcement of security

11. Payment Terms: Specifies repayment schedule, prepayment terms, and payment mechanics

12. Boilerplate Clauses: Standard clauses covering notices, amendments, governing law, jurisdiction, etc.

What sections are optional to include in a Loan Agreement With Security?

1. Guarantee: Required when a third party guarantees the loan obligations

2. Insurance: Needed when specific insurance requirements are imposed on the secured assets

3. Additional Security Provider: Required when security is provided by a party other than the Borrower

4. Assignment and Transfer: Include when the Lender wants right to assign or transfer the loan

5. Security Trustee: Needed in syndicated loans where security is held by a trustee

6. Intercreditor Provisions: Required when multiple lenders are involved with different priorities

7. Currency Provisions: Include for cross-border loans involving foreign currency

What schedules should be included in a Loan Agreement With Security?

1. Repayment Schedule: Detailed amortization schedule showing principal and interest payments

2. Security Details: Comprehensive description of all assets provided as security

3. Conditions Precedent: List of documents and conditions required before loan disbursement

4. Form of Notices: Standard forms for drawdown, prepayment, and other notices

5. Security Documents: Forms of additional security documents like mortgages or charges

6. Financial Covenants: Detailed financial ratios and calculations the Borrower must maintain

7. Existing Encumbrances: List of pre-existing charges or encumbrances on security assets

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 | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Infrastructure

Technology

Healthcare

Retail

Agriculture

Energy

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Secretarial

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Manager

Credit Risk Manager

Loan Officer

Security Trustee Officer

Compliance Officer

Treasury Manager

Corporate Secretary

Financial Controller

Business Development Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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