The International Loan Agreement is essential for facilitating cross-border lending transactions where foreign lenders provide financing to Indian borrowers. This document type is particularly relevant when Indian companies seek overseas funding for expansion, working capital, or project financing. The agreement must carefully balance international banking practices with Indian regulatory requirements, particularly compliance with the Foreign Exchange Management Act (FEMA) and RBI guidelines. It typically includes comprehensive provisions for loan disbursement, security creation, foreign exchange considerations, and cross-border enforcement mechanisms. The document requires careful structuring to ensure enforceability under Indian law while meeting international banking standards and practices.
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1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses
2. Background: Context of the loan agreement including purpose, relationship between parties, and basic transaction structure
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. Facility Details: Amount, currency, purpose, and nature of the loan facility
5. Conditions Precedent: Conditions that must be satisfied before drawdown, including documentation and due diligence requirements
6. Drawdown Mechanics: Procedures and requirements for requesting and making loan disbursements
7. Interest and Fees: Interest rate, calculation methods, payment dates, and all applicable fees
8. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences thereof
12. Tax Provisions: Treatment of taxes, including withholding tax and tax gross-up provisions
13. Changes to Parties: Rules regarding assignment, transfer, and loan participation
14. Payment Mechanics: Details of payment procedures, currency conversion, and payment systems
15. Notices: Communication procedures and contact details
16. Governing Law and Jurisdiction: Choice of Indian law and jurisdiction provisions
17. Execution Page: Signature blocks and execution formalities
1. Security Provisions: Required if the loan is secured, detailing types of security, creation, and enforcement
2. Guarantee Provisions: Required if there are guarantors supporting the loan
3. Syndication Provisions: Required for syndicated loans with multiple lenders
4. Agency Provisions: Required when there is a facility agent or security agent
5. Intercreditor Provisions: Required when there are multiple creditors with different priorities
6. Currency Option: Required if the borrower has options to draw in multiple currencies
7. Insurance Requirements: Required for specific assets or projects requiring insurance coverage
8. Step-in Rights: Required for project financing or specific secured lending scenarios
9. Force Majeure: Optional clause dealing with unforeseen circumstances affecting loan performance
10. Increased Costs: Required when lender needs protection against regulatory changes affecting loan costs
1. Schedule 1 - Conditions Precedent Documents: List of all required documents and conditions for drawdown
2. Schedule 2 - Form of Drawdown Request: Template for borrower to request loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if term loan
4. Schedule 4 - Form of Interest Rate Notice: Template for interest rate notifications
5. Schedule 5 - Form of Transfer Certificate: Template for transferring loan participations
6. Schedule 6 - Financial Covenants Calculations: Detailed methodology for calculating financial covenants
7. Schedule 7 - Security Documents: List and copies of all security documentation
8. Schedule 8 - Authorized Signatories: List of persons authorized to sign notices and requests
9. Schedule 9 - Required Insurance: Details of required insurance coverage
10. Schedule 10 - Existing Financial Indebtedness: List of borrower's existing debt obligations
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Infrastructure
Real Estate
Technology
Telecommunications
Healthcare
Energy and Resources
Agriculture
Transportation and Logistics
Retail and Consumer
Education
Hospitality
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Credit
Operations
International Banking
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Compliance Officer
Risk Manager
Company Secretary
Banking Relationship Manager
Credit Officer
Transaction Lawyer
Foreign Exchange Manager
Project Finance Manager
Documentation Specialist
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