Purchase Order Financing Agreement for India

Purchase Order Financing Agreement Template for India

A Purchase Order Financing Agreement under Indian law is a specialized financing arrangement where a lender provides working capital to a supplier/seller based on confirmed purchase orders from creditworthy buyers. This agreement, governed by Indian contract law and financial regulations, establishes the terms under which the lender will advance funds, typically ranging from 70-80% of the purchase order value. The document details the financing mechanics, security arrangements, operational procedures, and compliance requirements under Indian jurisdiction, including necessary provisions for recovery under the SARFAESI Act and other relevant Indian legislation.

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What is a Purchase Order Financing Agreement?

The Purchase Order Financing Agreement is essential for businesses in India that require working capital to fulfill large purchase orders but lack sufficient funds or traditional banking facilities. This document is particularly relevant in scenarios where suppliers need to bridge the gap between receiving a purchase order and delivering the goods, especially in manufacturing, trading, and export sectors. The agreement, structured under Indian law, typically includes detailed provisions for advance rates, eligibility criteria, security arrangements, and operational procedures. It ensures compliance with Indian banking regulations, the SARFAESI Act, and other relevant financial legislation while providing protection for both the financing institution and the borrower. The document becomes crucial when suppliers deal with large orders, long payment cycles, or international transactions requiring significant upfront costs.

What sections should be included in a Purchase Order Financing Agreement?

1. Parties: Identifies and provides details of the financing party, the seller/borrower, and any guarantors

2. Background: Sets out the context of the financing arrangement, including the seller's business and need for purchase order financing

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

4. Facility and Purpose: Details of the financing facility, including amount, purpose, and terms of advancement

5. Eligibility Criteria: Criteria for purchase orders that can be financed under the agreement

6. Advance Rate and Fees: Specifies the percentage of purchase order value that will be financed and applicable fees

7. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

8. Operational Mechanics: Procedures for requesting advances, payments, and collections

9. Representations and Warranties: Standard and specific representations made by the parties

10. Covenants: Positive and negative obligations of the borrower during the facility period

11. Security and Collateral: Details of security arrangements and collateral provided

12. Events of Default: Circumstances constituting default and consequences

13. Termination: Provisions for termination of the agreement

14. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law

What sections are optional to include in a Purchase Order Financing Agreement?

1. Guarantees: Required when third-party guarantees are part of the security structure

2. Insurance: Detailed insurance requirements when specific insurance coverage is required

3. Foreign Currency Provisions: Required when the facility involves multiple currencies or cross-border transactions

4. Electronic Documentation: Provisions for electronic submission and processing when parties agree to use electronic documentation

5. Sub-participation: Required when the financier may want to sell down or participate out parts of the facility

6. Collection Account Arrangements: Detailed provisions when a separate collection account structure is implemented

7. Buyer Undertakings: Required when direct agreements or acknowledgments from buyers are part of the structure

What schedules should be included in a Purchase Order Financing Agreement?

1. Form of Purchase Order Financing Request: Standard form for requesting financing against specific purchase orders

2. Eligibility Criteria Details: Detailed criteria for eligible purchase orders and buyers

3. Fee Schedule: Detailed breakdown of all applicable fees and charges

4. Security Documents: List and copies of all security documents

5. Conditions Precedent Documents: List of all required documents and conditions

6. Operational Procedures: Detailed procedures for day-to-day operations

7. Form of Buyer Acknowledgment: Standard form for buyer's acknowledgment of the financing arrangement

8. Financial Covenants and Calculations: Detailed financial covenants and their calculation methodologies

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

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Trading

Import-Export

Wholesale Distribution

Textile Industry

Electronics Manufacturing

Automotive Components

Industrial Equipment

Consumer Goods

Agricultural Products Processing

Construction Materials

Pharmaceutical Manufacturing

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Operations

Trade Finance

Procurement

Commercial

Compliance

Supply Chain

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Working Capital Manager

Credit Manager

Supply Chain Finance Manager

Commercial Director

Legal Counsel

Risk Manager

Operations Manager

Relationship Manager (Banking)

Trade Finance Manager

Procurement Director

Account Manager

Financial Controller

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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