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Loan Indemnification Agreement

Loan Indemnification Agreement Template for India

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Key Requirements PROMPT example:

Loan Indemnification Agreement

"I need a Loan Indemnification Agreement for our tech startup that's taking a ₹50 million loan from HDFC Bank, where our parent company will serve as the indemnifier; the agreement should include specific provisions for intellectual property as collateral and must be completed by March 2025."

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Document background
The Loan Indemnification Agreement serves as a critical risk mitigation tool in Indian lending transactions, providing additional security to lenders beyond traditional loan documentation. This document becomes particularly relevant in complex financing arrangements where there's a need to protect the lender against specific identified risks or potential losses. The agreement must comply with Indian contract law, banking regulations, and RBI guidelines, making it essential to incorporate jurisdiction-specific requirements. Typically used in scenarios involving corporate loans, project financing, or structured finance transactions, the document outlines the scope of indemnification, trigger events, claim procedures, and enforcement mechanisms. The agreement's structure allows for customization based on the specific risks identified in the underlying loan transaction while maintaining enforceability under Indian law.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the indemnifier, indemnitee, and any other relevant parties

2. Background: Explains the context of the agreement, including details of the underlying loan and the reason for the indemnification

3. Definitions: Defines key terms used throughout the agreement for clarity and precision

4. Scope of Indemnification: Details the specific losses, damages, and liabilities covered by the indemnification

5. Indemnification Obligations: Specifies the precise obligations of the indemnifier, including payment terms and conditions

6. Trigger Events: Lists the specific events or circumstances that trigger the indemnification obligations

7. Notice Requirements: Outlines the process and timeframes for notifying parties of claims or trigger events

8. Defense and Settlement: Describes procedures for defending against claims and settling disputes

9. Duration: Specifies the term of the indemnification agreement and any survival provisions

10. Representations and Warranties: Contains statements of fact and promises made by the parties

11. Governing Law and Jurisdiction: Specifies that Indian law governs and designates jurisdiction for dispute resolution

12. Dispute Resolution: Details the process for resolving disputes, including arbitration or litigation procedures

13. Miscellaneous: Includes standard boilerplate provisions such as severability, entire agreement, and amendments

Optional Sections

1. Security Provisions: Include when additional security or collateral is provided to support the indemnification obligation

2. Insurance Requirements: Include when specific insurance coverage is required to back the indemnification

3. Step-In Rights: Include when the indemnitee needs the right to take over certain obligations or operations

4. Third Party Rights: Include when third parties have rights under the agreement or when their rights need to be explicitly excluded

5. Subrogation Rights: Include when the indemnifier needs rights to pursue claims against third parties

6. Counter-Indemnity: Include when there are reciprocal indemnification obligations

7. Assignment and Transfer: Include when transfer rights need to be specifically addressed or restricted

Suggested Schedules

1. Schedule 1 - Loan Details: Detailed description of the underlying loan agreement, including amount, terms, and conditions

2. Schedule 2 - Covered Losses: Comprehensive list of specific losses and damages covered under the indemnification

3. Schedule 3 - Claims Procedure: Detailed procedure for making and processing indemnification claims

4. Schedule 4 - Security Details: Details of any security or collateral provided to support the indemnification

5. Schedule 5 - Associated Agreements: List and details of related agreements referenced in the main agreement

6. Appendix A - Notice Forms: Template forms for various notices required under the agreement

7. Appendix B - Claim Forms: Standard forms for submitting indemnification claims

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





































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Relevant Industries

Banking & Financial Services

Real Estate & Construction

Manufacturing

Infrastructure

Technology & Software

Healthcare

Retail & Consumer Goods

Energy & Utilities

Telecommunications

Agriculture & Allied Industries

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Corporate Banking

Credit Administration

Operations

Business Development

Loan Administration

Relevant Roles

Chief Financial Officer

Legal Counsel

Risk Manager

Credit Manager

Corporate Finance Manager

Compliance Officer

Treasury Manager

Financial Controller

Business Development Manager

Loan Officer

Corporate Banking Manager

Security Trustee

Contract Manager

Legal Director

Finance Director

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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