Revolving Credit Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes a revolving credit facility between a lender and borrower. The agreement enables the borrower to draw down, repay, and re-borrow funds up to an agreed limit throughout the facility period, subject to specified terms and conditions. It incorporates provisions compliant with Indian banking regulations, including RBI guidelines, and addresses key aspects such as interest calculation, security arrangements, representations and warranties, covenants, and events of default. The document also includes mechanisms for ongoing compliance with Indian regulatory requirements and specific provisions for enforcement under Indian law.

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What is a Revolving Credit Agreement?

The Revolving Credit Agreement is a sophisticated financing document used when a borrower requires flexible, ongoing access to credit from a lender or syndicate of lenders. It is particularly suited for businesses with cyclical working capital needs or varying capital requirements. The agreement, structured under Indian law and compliant with Reserve Bank of India regulations, provides a maximum facility amount that can be drawn, repaid, and redrawn over the facility period. This type of agreement includes detailed provisions on utilization mechanics, interest calculations, security arrangements (if applicable), financial covenants, and reporting requirements. It is commonly used in corporate financing in India and must comply with various Indian statutes including the Banking Regulation Act, 1949, and the Indian Contract Act, 1872.

What sections should be included in a Revolving Credit Agreement?

1. Parties: Identification of the lender(s) and borrower(s) with their complete legal details

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation

4. The Facility: Details of the revolving credit facility, including amount, purpose, and revolving nature

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

6. Utilisation: Process and requirements for drawing down the facility

7. Repayment and Prepayment: Terms for regular repayment and voluntary/mandatory prepayment provisions

8. Interest and Fees: Interest calculation, payment periods, default interest, and all applicable fees

9. Tax Provisions: Tax-related obligations and gross-up provisions

10. Representations and Warranties: Statements of fact and assurances given by the borrower

11. Information Undertakings: Borrower's obligations to provide financial and other information

12. Financial Covenants: Financial ratios and thresholds the borrower must maintain

13. General Undertakings: Positive and negative obligations of the borrower

14. Events of Default: Circumstances that trigger default and lender's remedies

15. Changes to Parties: Rules for assignment and transfer of rights/obligations

16. Administration: Operational aspects including calculations, notices, and payments

17. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

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

1. Security: Required if the facility is secured - details of security arrangement and enforcement

2. Guarantee: Required if there are guarantors - terms of guarantee and guarantor obligations

3. Multiple Currencies: Required for multi-currency facilities - currency conversion and availability

4. Increased Costs and Market Disruption: Optional provisions for managing market disruption and regulatory changes

5. Set-off Rights: Optional provisions for lender's right to set off debts against deposits

6. Bank Accounts: Required if specific account arrangements are needed - details of operational accounts

7. Agent and Security Trustee: Required for syndicated facilities - role and powers of facility agent

8. Majority Lenders: Required for syndicated facilities - voting and decision-making mechanism

What schedules should be included in a Revolving Credit Agreement?

1. Schedule 1 - Conditions Precedent Documents: List of documents required before first utilization

2. Schedule 2 - Form of Utilisation Request: Standard form for requesting drawdown of the facility

3. Schedule 3 - Form of Transfer Certificate: Standard form for transferring commitments/rights

4. Schedule 4 - Financial Covenants Calculations: Detailed methodology for calculating financial covenants

5. Schedule 5 - Repayment Schedule: If applicable, schedule of repayment dates and amounts

6. Schedule 6 - Security Documents: If secured, list and copies of security documents

7. Schedule 7 - Forms of Legal Opinions: Standard forms of legal opinions required

8. Schedule 8 - Contact Details: Administrative 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

Loan Agreement

Sector

Banking

Cost

Free to use

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