The Finance Agreement serves as the primary document governing lending relationships in India's financial sector. It is typically used when a lender (usually a bank or financial institution) agrees to provide financial facilities to a borrower, whether for working capital, expansion, acquisition, or other business purposes. The agreement must comply with Indian banking regulations, particularly those set by the Reserve Bank of India, and incorporate mandatory provisions under Indian contract law. The Finance Agreement includes detailed terms covering facility amounts, interest calculations, security arrangements, representations and warranties, covenants, and events of default. It also addresses specific Indian legal requirements such as stamp duty compliance, registration requirements (where applicable), and enforcement mechanisms under Indian law. The document is essential for both domestic and cross-border financing transactions involving Indian entities.
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1. Parties: Identification of the lender(s) and borrower(s) with complete legal names and addresses
2. Background: Recitals explaining the context and purpose of the financing arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation
4. Facility Details: Amount, type, and purpose of the facility being provided
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown Mechanics: Procedures and requirements for utilizing the facility
7. Interest and Fees: Interest rates, calculation methods, and all applicable fees
8. Repayment Terms: Schedule and method of repayment, including prepayment provisions
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the facility period
11. Events of Default: Circumstances that would trigger default and consequences thereof
12. Security: Details of security/collateral provided for the facility
13. Payments and Calculations: Payment mechanics, business day conventions, and calculation principles
14. Changes to Parties: Assignment and transfer provisions
15. Notices: Communication methods and contact details
16. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms
17. Miscellaneous: Standard boilerplate provisions including severability, amendments, etc.
1. Guarantee: Required when there are guarantors providing additional support to the facility
2. Security Trustee Provisions: Needed in syndicated facilities with multiple lenders
3. Currency Provisions: Required for multi-currency facilities or cross-border transactions
4. Tax Provisions: Detailed tax clauses needed for complex financing structures or cross-border deals
5. Increased Costs and Market Disruption: Required for longer-term facilities or those with floating rates
6. Agency Provisions: Needed when there is a facility agent administering the loan
7. Set-off Rights: Optional enhanced set-off rights beyond standard provisions
8. Collection Account Mechanics: Required when specific cash flow management structures are needed
1. Facility Details Schedule: Detailed breakdown of facility amounts, limits, and sub-limits
2. Conditions Precedent Schedule: List of all documents and conditions required before drawdown
3. Form of Drawdown Request: Template for borrower to request utilization of the facility
4. Repayment Schedule: Detailed amortization schedule if applicable
5. Security Details: Comprehensive list and description of all security/collateral
6. Form of Compliance Certificate: Template for periodic compliance reporting
7. Interest Calculation Examples: Illustrations of interest calculations
8. Form of Transfer Certificate: Template for transferring loan participations
9. Contact Details: Complete contact information for all parties
10. Security Documents: Forms of security documents or key terms thereof
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Manufacturing
Real Estate
Infrastructure
Technology
Healthcare
Energy
Retail
Telecommunications
Agriculture
Transportation
Education
Hospitality
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Credit
Operations
Banking
Corporate Affairs
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Company Secretary
Credit Manager
Risk Officer
Relationship Manager
Compliance Officer
Finance Manager
Banking Officer
Corporate Lawyer
Financial Controller
Managing Director
Chief Executive Officer
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