¶¶Òõ¶ÌÊÓƵ

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.

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