The Undertaking Loan Agreement is a crucial financial instrument used in the Indian lending landscape when a lender provides financial assistance to a borrower under specific terms and conditions. This document is particularly relevant when the lender requires additional assurances through specific undertakings from the borrower, beyond standard loan provisions. It combines elements of a traditional loan agreement with explicit commitments and covenants from the borrower, making it suitable for both corporate and individual lending scenarios. The agreement must comply with Indian contract law, banking regulations, and financial sector guidelines, including RBI directives where applicable. It's commonly used for business expansions, asset purchases, working capital requirements, and project financing, incorporating necessary safeguards for the lender while establishing clear obligations for the borrower.
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1. Parties: Identification and details of the Lender and Borrower, including addresses and registration details
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest and Fees: Interest rate, calculation method, applicable fees, and payment terms
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Borrower's Representations: Warranties and representations made by the borrower regarding their capacity and authority
8. Borrower's Undertakings: Positive and negative covenants, including financial covenants and reporting requirements
9. Events of Default: Circumstances constituting default and consequences thereof
10. Rights and Remedies: Lender's rights and remedies upon default
11. Notices: Process and addresses for serving notices between parties
12. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes
1. Security: Details of any collateral or security provided for the loan. Include when the loan is secured.
2. Guarantor Provisions: Terms relating to guarantors and their obligations. Include when there are third-party guarantors.
3. Insurance: Requirements for insurance of security/collateral. Include when security is provided.
4. Assignment and Transfer: Rights to assign or transfer the loan. Include for institutional lenders.
5. Force Majeure: Provisions for unforeseen circumstances affecting loan performance. Include for long-term loans.
6. Electronic Execution: Provisions for digital signing and electronic records. Include if agreement will be executed electronically.
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and repayment schedule
2. Schedule 2 - Security Details: Description and particulars of security/collateral provided
3. Schedule 3 - Conditions Precedent: List of conditions to be satisfied before loan disbursement
4. Schedule 4 - Form of Disbursement Request: Template for requesting loan disbursement
5. Schedule 5 - Compliance Certificate: Template for periodic compliance reporting
6. Appendix A - List of Documents: List of supporting documents provided by borrower
7. Appendix B - Know Your Customer (KYC) Requirements: List of required KYC documents and compliance requirements
Relevant legal definitions
Agreement
Applicable Law
Authorized Representative
Business Day
Borrower
Conditions Precedent
Default Interest
Default Notice
Draw Down
Due Date
Effective Date
Event of Default
Facility
Financial Indebtedness
Financial Year
Force Majeure Event
Governmental Authority
Interest Period
Interest Rate
KYC Documents
Lender
Loan Amount
Material Adverse Effect
Outstanding Amount
Parties
Payment Date
Prepayment
Principal Amount
Purpose
Repayment Schedule
Security
Security Documents
Specified Purpose
Tax
Term
Undertakings
Working Day
Guarantor
Secured Assets
Security Interest
Permitted Security Interest
Financial Statements
Compliance Certificate
Disbursement Request
Material Breach
Relevant Jurisdiction
Sanctioned Person
Subsidiary
Related Party
Intellectual Property Rights
Applicable Law
Authorized Representative
Business Day
Borrower
Conditions Precedent
Default Interest
Default Notice
Draw Down
Due Date
Effective Date
Event of Default
Facility
Financial Indebtedness
Financial Year
Force Majeure Event
Governmental Authority
Interest Period
Interest Rate
KYC Documents
Lender
Loan Amount
Material Adverse Effect
Outstanding Amount
Parties
Payment Date
Prepayment
Principal Amount
Purpose
Repayment Schedule
Security
Security Documents
Specified Purpose
Tax
Term
Undertakings
Working Day
Guarantor
Secured Assets
Security Interest
Permitted Security Interest
Financial Statements
Compliance Certificate
Disbursement Request
Material Breach
Relevant Jurisdiction
Sanctioned Person
Subsidiary
Related Party
Intellectual Property Rights
Clauses
Interpretations
Definitions
Loan Facility
Purpose
Interest
Fees and Charges
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Undertakings
Covenants
Events of Default
Remedies
Force Majeure
Assignment
Notices
Confidentiality
Indemnification
Amendment
Severability
Waiver
Governing Law
Dispute Resolution
Jurisdiction
Entire Agreement
Counterparts
Term and Termination
Further Assurance
Costs and Expenses
Set-off Rights
Compliance with Laws
Anti-Money Laundering
Financial Information
Insurance
Definitions
Loan Facility
Purpose
Interest
Fees and Charges
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Undertakings
Covenants
Events of Default
Remedies
Force Majeure
Assignment
Notices
Confidentiality
Indemnification
Amendment
Severability
Waiver
Governing Law
Dispute Resolution
Jurisdiction
Entire Agreement
Counterparts
Term and Termination
Further Assurance
Costs and Expenses
Set-off Rights
Compliance with Laws
Anti-Money Laundering
Financial Information
Insurance
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Information Technology
Healthcare
Retail
Agriculture
Infrastructure
Education
Small and Medium Enterprises
Construction
Transportation & Logistics
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Credit Analysis
Corporate Banking
Business Development
Company Secretarial
Operations
Relevant Roles
Chief Financial Officer
Finance Manager
Legal Counsel
Risk Manager
Credit Analyst
Compliance Officer
Corporate Lawyer
Banking Relationship Manager
Treasury Manager
Financial Controller
Company Secretary
Loan Officer
Investment Manager
Business Development Manager
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