Loan Takeover Agreement for India

Loan Takeover Agreement Template for India

This document governs the transfer of an existing loan facility from one lender to another in India, outlining the terms and conditions under which the new lender assumes the rights and obligations of the existing lender. The agreement complies with Indian banking regulations, particularly the RBI Guidelines on Transfer of Loan Exposures, and addresses crucial aspects such as the transfer mechanism, security interests, outstanding amounts, and ongoing obligations of all parties. It ensures smooth transition of the loan facility while protecting the interests of all stakeholders and maintaining regulatory compliance under Indian law.

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What is a Loan Takeover Agreement?

The Loan Takeover Agreement is a critical document used when a borrower seeks to transfer their existing loan from one financial institution to another, typically to secure better terms or consolidate debt. This agreement, governed by Indian law, details the mechanism for transferring all rights, obligations, and security interests from the existing lender to the new lender. It encompasses crucial information including the outstanding loan amount, security arrangements, repayment terms, and any modifications to the original loan terms. The document ensures compliance with RBI guidelines and Indian banking regulations while providing legal certainty to all parties involved. It's particularly relevant in scenarios of debt refinancing, interest rate optimization, or when borrowers seek to consolidate multiple loans under a single lender.

What sections should be included in a Loan Takeover Agreement?

1. Parties: Details of the existing lender (transferor), new lender (transferee), and borrower

2. Background: Context of the existing loan, reason for takeover, and current outstanding amounts

3. Definitions: Definitions of key terms used throughout the agreement

4. Existing Loan Details: Comprehensive details of the original loan agreement and current status

5. Terms of Takeover: Specific terms and conditions under which the loan is being taken over

6. Purchase Price: Amount payable by the new lender to the existing lender for the loan takeover

7. Completion Mechanics: Process and steps for completing the loan takeover

8. Representations and Warranties: Statements of fact and assurances from all parties

9. Rights and Obligations: Detailed responsibilities of each party post-takeover

10. Covenants: Ongoing commitments and obligations of the borrower

11. Transfer of Security: Process for transferring any security interests to the new lender

12. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

13. Notices: Process and addresses for serving notices under the agreement

14. Miscellaneous: Standard boilerplate provisions including severability, amendments, etc.

What sections are optional to include in a Loan Takeover Agreement?

1. Guarantees: Required if the existing loan has guarantors - details transfer of guarantees

2. Foreign Exchange Provisions: Required for loans involving foreign currency

3. Insurance: Required when specific insurance policies are linked to the loan

4. Step-in Rights: Required for project finance or complex security structures

5. Tax Provisions: Detailed section required if specific tax implications need addressing

6. Regulatory Compliance: Required for regulated entities or specific sector requirements

7. Events of Default: Required if new events of default are being added or modified

8. Subordination Provisions: Required if there are multiple lenders or debt subordination

What schedules should be included in a Loan Takeover Agreement?

1. Schedule 1 - Existing Loan Agreement Details: Copy or details of the original loan agreement and amendments

2. Schedule 2 - Outstanding Amount Calculation: Detailed breakdown of current outstanding amount including principal and interest

3. Schedule 3 - Security Details: List and details of all security interests being transferred

4. Schedule 4 - Completion Requirements: Checklist of documents and actions required for completion

5. Schedule 5 - Form of Transfer Certificates: Templates for various transfer certificates required

6. Schedule 6 - Payment Schedule: Updated payment schedule under the new lender

7. Appendix A - Existing Security Documents: Copies of all security documents

8. Appendix B - Regulatory Approvals: Copies of required regulatory approvals

9. Appendix C - Property Documents: Required for loans secured by real estate

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

Transfer Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Financial Services

Real Estate

Infrastructure

Manufacturing

Healthcare

Retail

Agriculture

Technology

Education

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Operations

Corporate Banking

Documentation

Due Diligence

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Relationship Manager

Loan Officer

Banking Operations Manager

Corporate Finance Manager

Financial Analyst

Due Diligence Officer

Documentation Specialist

Security Trustee Officer

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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