The Loan Agreement Between Companies is a vital legal instrument used when one company extends credit to another in India. This document is essential for both listed and unlisted companies engaging in corporate lending transactions, whether for working capital, expansion, asset acquisition, or other business purposes. The agreement must comply with Indian corporate and banking laws, including the Companies Act, 2013, and relevant RBI guidelines. It typically includes comprehensive details about the loan facility, security arrangements, conditions precedent, representations and warranties, and covenants. The document becomes particularly important for maintaining clear records of financial obligations, ensuring regulatory compliance, and providing legal recourse in case of default.
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1. Parties: Identifies the lender and borrower companies with their full legal names, registration numbers, and registered addresses
2. Background: Explains the context of the loan and purpose for which it is being granted
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules of interpretation
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its approved use
5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and payment periods
6. Repayment Terms: Specifies the repayment schedule, method of payment, and prepayment provisions
7. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed
8. Representations and Warranties: Contains statements of fact and assurances given by the borrower
9. Covenants: Sets out positive and negative obligations of the borrower during the loan term
10. Events of Default: Defines circumstances that constitute default and consequences thereof
11. Governing Law and Jurisdiction: Specifies Indian law as governing law and establishes jurisdiction for disputes
1. Security: Required if the loan is secured - details the assets or guarantees provided as security
2. Guarantee: Include when there is a corporate or personal guarantee for the loan
3. Insurance: Required when specific insurance coverage is mandatory for the borrower
4. Assignment and Transfer: Include if either party may need to transfer their rights or obligations
5. Information Covenants: Additional section for detailed reporting requirements, typically for larger loans
6. Tax Provisions: Detailed tax clauses when complex tax implications exist
7. Force Majeure: Include for longer-term loans to address unforeseen circumstances
8. Anti-corruption and Compliance: Required for loans involving regulated entities or cross-border elements
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Detailed description of security assets and their values
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Form of Drawdown Notice: Template for the borrower to request loan disbursement
5. Financial Covenants: Specific financial ratios and thresholds to be maintained
6. Authorized Signatories: List of persons authorized to act on behalf of each party
7. Form of Compliance Certificate: Template for periodic compliance reporting
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Manufacturing
Real Estate
Technology and Software
Retail and Consumer Goods
Infrastructure
Healthcare
Energy and Utilities
Telecommunications
Professional Services
Agriculture and Food Processing
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretarial
Credit Control
Corporate Finance
Board of Directors
Accounts
Internal Audit
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Company Secretary
Treasury Manager
Financial Controller
Credit Manager
Risk Manager
Corporate Finance Manager
Compliance Officer
Managing Director
Board Director
Accounts Manager
Business Development Manager
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