The Investment Loan Contract is a crucial financial instrument used in the Indian market for facilitating substantial business investments and expansion projects. This document is typically employed when a business entity requires significant capital funding for purposes such as infrastructure development, equipment purchase, business expansion, or project financing. The agreement must comply with Indian banking regulations, including the Banking Regulation Act, 1949, and the Indian Contract Act, 1872, while incorporating necessary security and enforcement provisions under the SARFAESI Act. The Investment Loan Contract includes comprehensive details about loan terms, security arrangements, disbursement conditions, repayment schedules, and default remedies, making it suitable for both domestic and foreign investments within the Indian jurisdiction. It's particularly important for ensuring legal compliance while protecting the interests of both lenders and borrowers in significant financial transactions.
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1. Parties: Identification of the lender, borrower, and any guarantors with their complete legal names and addresses
2. Background: Context of the investment loan, purpose, and brief description of the business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Facility Details: Loan amount, purpose, interest rate, tenure, and drawdown conditions
5. Conditions Precedent: Conditions that must be satisfied before the loan can be disbursed
6. Disbursement Terms: Process and conditions for disbursement of the loan amount
7. Interest and Fees: Detailed provisions on interest calculation, payment periods, and applicable fees
8. Repayment Terms: Schedule of repayments, prepayment provisions, and payment mechanisms
9. Security: Details of security/collateral provided for the loan
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Positive and negative obligations of the borrower during the loan period
12. Events of Default: Circumstances constituting default and consequences thereof
13. Remedies: Lender's rights and remedies in case of default
14. Indemnification: Borrower's obligations to indemnify the lender against specified losses
15. Notices: Process and addresses for serving notices under the agreement
16. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes
17. Execution: Signature blocks and execution formalities
1. Guarantee: Required when there are third-party guarantors providing additional security
2. Security Trustee Provisions: Needed in syndicated loans or when security is held by a trustee
3. Currency Provisions: Required for loans involving foreign currency or cross-border elements
4. Insurance: Detailed insurance requirements for secured assets, if applicable
5. Assignment and Transfer: Required if the loan may be transferred or syndicated
6. Force Majeure: Provisions for unforeseen circumstances affecting loan performance
7. Step-In Rights: Required when lender needs right to take control of borrower's projects/assets
8. Environmental Compliance: Required for projects with environmental impact considerations
9. Anti-Corruption Provisions: Required for compliance with anti-corruption laws, especially in large institutional loans
10. Digital Execution: Required when agreement may be executed electronically
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rates, and payment schedule
2. Schedule 2 - Security Details: Comprehensive description of all security/collateral provided
3. Schedule 3 - Conditions Precedent Documents: List of all documents required before loan disbursement
4. Schedule 4 - Drawdown Request Form: Template for requesting loan disbursements
5. Schedule 5 - Repayment Schedule: Detailed amortization schedule with payment dates and amounts
6. Schedule 6 - Financial Covenants: Specific financial ratios and thresholds to be maintained
7. Schedule 7 - Permitted Security Interests: List of pre-approved security interests allowed to exist
8. Appendix A - KYC Documents: List of required Know Your Customer documents
9. Appendix B - Security Documents: Forms of security documents to be executed
10. Appendix C - Compliance Certificates: Ƶ for periodic compliance reporting
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Manufacturing
Real Estate & Construction
Infrastructure
Technology & Software
Healthcare
Renewable Energy
Telecommunications
Hospitality & Tourism
Agriculture & Food Processing
Retail & E-commerce
Education
Pharmaceuticals
Automotive
Mining & Minerals
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Analysis
Investment Banking
Project Finance
Business Development
Corporate Secretarial
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Investment Manager
Credit Risk Manager
Compliance Officer
Corporate Lawyer
Banking Relationship Manager
Treasury Manager
Company Secretary
Financial Controller
Project Finance Manager
Investment Banker
Loan Officer
Risk Assessment Officer
Corporate Finance Manager
Business Development Manager
Financial Analyst
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