The Investment Loan Agreement serves as the primary document for structuring and documenting investment financing transactions in India. It is typically used when a company requires substantial funding for business expansion, capital expenditure, or strategic investments. The agreement must comply with Indian regulatory requirements, including RBI guidelines, banking regulations, and the Indian Contract Act. It comprehensively covers loan terms, security arrangements, borrower obligations, and lender rights, while incorporating necessary provisions for enforcement under Indian law. The document is essential for both lenders (typically banks or financial institutions) and borrowers (usually corporate entities) to establish their rights, obligations, and remedies in relation to the investment facility.
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1. Parties: Identifies and provides details of the lender and borrower
2. Background: Sets out the context of the loan and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. The Facility: Details the loan amount, purpose, and availability
5. Conditions Precedent: Lists conditions that must be satisfied before loan disbursement
6. Drawdown: Specifies the process and requirements for loan disbursement
7. Interest: Sets out interest rate, calculation method, and payment terms
8. Repayment: Details repayment schedule, prepayment terms, and payment mechanics
9. Security: Describes the security package and enforcement rights
10. Representations and Warranties: Lists borrower's confirmations about its status and capacity
11. Covenants: Sets out positive and negative obligations of the borrower
12. Events of Default: Lists circumstances that trigger default and remedies
13. Costs and Expenses: Allocates transaction costs and ongoing expenses
14. Notices: Specifies how formal communications should be made
15. Assignments and Transfers: Rules for transferring rights under the agreement
16. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution forum
1. Guarantees: Include when third-party guarantees are part of the security package
2. Security Trustee Provisions: Required for syndicated loans with multiple lenders
3. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border transactions
4. Increased Costs: Provisions for regulatory changes affecting lender's costs
5. Market Disruption: Provisions for handling interest rate benchmark disruptions
6. Currency Provisions: Required for multi-currency facilities
7. Anti-corruption and Sanctions: Enhanced compliance provisions for regulated lenders
8. Force Majeure: Specific provisions for handling unforeseen circumstances
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Notice: Template for borrower to request loan disbursement
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Security Documents: List and copies of all security documentation
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Permitted Security Interests: List of pre-approved security interests
7. Existing Financial Indebtedness: Details of borrower's existing debt
8. Group Structure: Corporate structure chart of borrower's group
9. Investment Plan: Detailed plan for use of loan proceeds
10. Financial Covenants Calculations: Formulae and methods for financial covenant calculations
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Private Equity
Investment Banking
Corporate Finance
Infrastructure
Manufacturing
Real Estate
Technology
Healthcare
Energy
Telecommunications
Retail
Agriculture
Education
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Finance
Investment Banking
Company Secretarial
Business Development
Operations
Due Diligence
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Investment Manager
Credit Manager
Risk Manager
Company Secretary
Treasury Manager
Compliance Officer
Managing Director
Chief Executive Officer
Investment Banker
Relationship Manager
Credit Analyst
Due Diligence Officer
Portfolio Manager
Transaction Manager
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