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Master Loan And Security Agreement for India

Master Loan And Security Agreement Template for India

A comprehensive legal document governed by Indian law that establishes the framework for secured lending arrangements between financial institutions and borrowers. It combines both loan provisions and security arrangements in a single master agreement, enabling multiple loan transactions under one umbrella document. The agreement complies with Indian banking regulations, security creation requirements under various Indian statutes, and includes provisions for enforcement under the SARFAESI Act and other relevant Indian legislation. It covers loan terms, security creation, covenants, events of default, and enforcement mechanisms, while accommodating the specific requirements of Indian corporate and banking law.

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Master Loan And Security Agreement

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What is a Master Loan And Security Agreement?

The Master Loan And Security Agreement is designed for use in the Indian jurisdiction where a lender needs to establish a long-term lending relationship with a borrower involving multiple loan transactions. This document type is particularly useful for revolving credit facilities, multiple tranched lending arrangements, or ongoing lending relationships where the same security package will support multiple loans. It combines the essential elements of a loan agreement with comprehensive security provisions, complying with Indian banking regulations, the SARFAESI Act, and other relevant Indian legislation. The agreement includes detailed provisions for loan disbursement, security creation and perfection, borrower covenants, and enforcement mechanisms, while allowing flexibility to accommodate multiple drawdowns or facilities through supplemental documentation. It's commonly used by banks, financial institutions, and large corporate borrowers in India who anticipate multiple lending transactions over time.

What sections should be included in a Master Loan And Security Agreement?

1. Parties: Identification of the lender and borrower with complete legal names and addresses

2. Background: Recitals explaining the context of the agreement, including the lender's authority to lend and borrower's purpose for borrowing

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

4. Facility and Purpose: Details of the loan facility, including nature, purpose, and general terms of lending

5. Security Creation: Provisions for creation and perfection of security interests over various types of assets

6. Conditions Precedent: Prerequisites that must be satisfied before any loan disbursement

7. Drawdown Mechanics: Procedures and requirements for requesting and obtaining loan disbursements

8. Interest and Fees: Interest calculation, payment terms, and applicable fees

9. Repayment Terms: Schedule and mechanics of loan repayment, including prepayment provisions

10. Representations and Warranties: Borrower's statements of fact and assurances about its legal and financial status

11. Covenants: Positive and negative obligations of the borrower during the loan term

12. Events of Default: Circumstances constituting default and their consequences

13. Enforcement Rights: Lender's rights and remedies upon default, including security enforcement

14. Indemnification: Borrower's obligations to indemnify the lender against various losses

15. Notices and Communications: Procedures for formal communications between parties

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

17. Miscellaneous: Standard boilerplate provisions including amendments, assignments, and severability

What sections are optional to include in a Master Loan And Security Agreement?

1. Guarantee: Required when there are third-party guarantors securing the loan obligations

2. Insurance: Detailed insurance requirements when specific insurance coverage is required for secured assets

3. Security Trustee Provisions: Required in syndicated lending scenarios with multiple lenders

4. Tax Provisions: Detailed tax-related provisions when cross-border elements are involved

5. Currency Provisions: Required when loans can be drawn in multiple currencies

6. Additional Borrower Accession: Mechanisms for adding new borrowers under the master agreement framework

7. Subordination Provisions: Required when there are multiple creditors with different priorities

What schedules should be included in a Master Loan And Security Agreement?

1. Facility Details: Specific terms of each loan facility including amount, interest rate, and tenure

2. Security Details: Detailed description of security assets and perfection requirements

3. Form of Drawdown Request: Standard format for requesting loan disbursements

4. Condition Precedent Documents: List of required documents and conditions for disbursement

5. Repayment Schedule: Detailed schedule of repayment dates and amounts

6. Form of Security Documents: Standard formats for various security creation documents

7. Form of Compliance Certificate: Template for periodic compliance reporting

8. Existing Encumbrances: List of pre-existing security interests or encumbrances

9. Insurance Requirements: Detailed insurance specifications for secured assets

10. Form of Accession Deed: Template for adding new borrowers or security providers

Authors

Alex Denne

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

Jurisdiction

India

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions












































































Clauses








































Relevant Industries

Banking

Financial Services

Manufacturing

Real Estate

Infrastructure

Technology

Healthcare

Retail

Agriculture

Energy

Transportation

Mining

Telecommunications

Construction

Hospitality

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Operations

Security Administration

Company Secretarial

Board of Directors

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Company Secretary

Risk Manager

Credit Manager

Compliance Officer

Corporate Banking Officer

Security Trustee

Loan Officer

Financial Controller

Chief Executive Officer

General Counsel

Operations Director

Industries










Teams

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