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Intercompany Credit Agreement Template for India

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Key Requirements PROMPT example:

Intercompany Credit Agreement

"I need an Intercompany Credit Agreement for a 50 million rupee unsecured loan between our Mumbai-based parent company as lender and our Bangalore technology subsidiary as borrower, with quarterly interest payments and full repayment by March 2025."

Document background
The Intercompany Credit Agreement is essential for corporate groups operating in India seeking to establish formal lending arrangements between affiliated companies. This document is particularly relevant when companies within the same group need to optimize cash management, provide internal financing for operations or projects, or establish structured lending arrangements compliant with Indian regulations. The agreement must comply with various Indian legal requirements, including the Companies Act 2013, RBI guidelines, and transfer pricing regulations. It typically includes detailed provisions on loan terms, interest rates, repayment schedules, security arrangements (if any), and necessary corporate authorizations. The document becomes crucial for maintaining proper documentation for regulatory compliance, tax purposes, and corporate governance requirements.
Suggested Sections

1. Parties: Identifies the lender and borrower companies, including their registration details and addresses

2. Background: Explains the relationship between the companies and the purpose of the loan

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement

4. Facility Amount and Purpose: Specifies the credit amount, currency, and permitted uses of the loan

5. Interest Rate and Calculation: Details the applicable interest rate, calculation method, and payment periods

6. Drawdown: Specifies the process and conditions for requesting and receiving loan disbursements

7. Repayment Terms: Outlines the repayment schedule, prepayment provisions, and payment mechanics

8. Representations and Warranties: States the legal and factual assurances given by both parties

9. Covenants: Lists ongoing obligations of the borrower during the loan term

10. Events of Default: Defines circumstances that constitute default and corresponding remedies

11. Regulatory Compliance: Addresses compliance with Indian corporate and banking laws

12. Taxation: Covers tax-related provisions including TDS requirements

13. Notices: Specifies how formal communications between parties should be made

14. Governing Law and Jurisdiction: Establishes Indian law as governing law and specifies jurisdiction for disputes

15. Miscellaneous: Includes standard boilerplate provisions like amendments, waivers, and severability

Optional Sections

1. Security: Include when the loan is secured by specific assets or collateral

2. Corporate Guarantee: Include when a parent company or group company provides a guarantee

3. Conditions Precedent: Include when specific conditions must be met before loan effectiveness

4. Transfer and Assignment: Include when parties want to allow or restrict loan transfer rights

5. Foreign Exchange Provisions: Include for loans involving cross-border elements or foreign currency

6. Information Covenants: Include when regular financial reporting requirements are needed

7. Subordination: Include when the loan needs to be subordinated to other debt

8. Group Company Provisions: Include specific provisions for loans within a larger corporate group

Suggested Schedules

1. Loan Details: Details of facility amount, interest rate, and repayment schedule

2. Form of Drawdown Notice: Standard format for requesting loan disbursements

3. Conditions Precedent Documents: List of required documents and conditions to be satisfied

4. Security Details: Description of any security or collateral (if applicable)

5. Form of Compliance Certificate: Template for periodic compliance certification

6. Related Party Approvals: Copies of board resolutions and regulatory approvals

7. Payment Details: Bank account and payment instruction details

Authors

Alex Denne

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

Relevant legal definitions













































Clauses



































Relevant Industries

Manufacturing

Technology

Financial Services

Real Estate

Healthcare

Retail

Infrastructure

Energy

Telecommunications

Automotive

Pharmaceuticals

Consumer Goods

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Corporate Secretarial

Risk Management

Corporate Finance

Accounting

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Counsel

Legal Director

Company Secretary

Financial Controller

Tax Director

Compliance Officer

Corporate Finance Manager

Group Finance Manager

Legal Counsel

Managing Director

Finance Manager

Risk Manager

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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