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Term Loan Facility Agreement for India

Term Loan Facility Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions for a term loan facility between a lender and borrower. The document details the loan amount, interest rates, repayment schedule, security arrangements (if any), representations and warranties, covenants, events of default, and remedies. It incorporates requirements under Indian banking regulations, the Indian Contract Act, and other relevant legislation, while ensuring compliance with Reserve Bank of India guidelines. The agreement serves as the primary document governing the lending relationship and includes provisions for security creation, monitoring, and enforcement rights.

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Term Loan Facility Agreement

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What is a Term Loan Facility Agreement?

The Term Loan Facility Agreement is a crucial financing document used when a borrower requires long-term funding for specific purposes such as capital expenditure, expansion, or project financing. This agreement, governed by Indian law, establishes a legally binding relationship between the lender (typically a bank or financial institution) and the borrower, documenting all essential aspects of the loan facility including the amount, tenure, interest rate, repayment terms, and security structure. The document must comply with Indian banking regulations, particularly Reserve Bank of India guidelines, the Indian Contract Act, and other relevant legislation. It includes comprehensive provisions for drawdown conditions, representations, covenants, and events of default, making it suitable for both secured and unsecured lending arrangements. The agreement serves as the foundation for the entire lending relationship and is crucial for protecting the interests of all parties involved.

What sections should be included in a Term Loan Facility Agreement?

1. Parties: Identifies the lender(s) and borrower(s) with their full legal names and addresses

2. Background: Provides context of the loan facility and purpose

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

4. The Facility: Details of the loan amount, purpose, and availability period

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Procedures and requirements for utilizing the loan facility

7. Interest: Interest rate, calculation method, and payment provisions

8. Repayment: Terms and schedule for repayment of the loan

9. Prepayment: Provisions for early repayment, including any penalties

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 term

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Rules for assignment and transfer of rights and obligations

14. Payment Mechanics: Details of payment procedures, timing, and accounts

15. Notices: Communication procedures between parties

16. Miscellaneous: Standard boilerplate provisions

17. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions

What sections are optional to include in a Term Loan Facility Agreement?

1. Security: Include when the loan is secured - details security arrangements and enforcement

2. Guarantee: Include when there are guarantors for the loan

3. Insurance: Include when specific insurance requirements are imposed on the borrower

4. Project Monitoring: Include when loan is for specific project requiring monitoring

5. Additional Representations: Include for sector-specific or special circumstances requiring additional assurances

6. Increased Costs: Include for managing regulatory or market changes affecting lender's costs

7. Tax Gross Up and Indemnities: Include when tax implications need specific attention

8. Currency Provisions: Include for loans involving foreign currency

9. Syndication Provisions: Include when loan may be syndicated

10. Green Loan Provisions: Include for environmentally-linked loans with specific compliance requirements

What schedules should be included in a Term Loan Facility Agreement?

1. Conditions Precedent: Detailed list of documents and conditions required before drawdown

2. Form of Drawdown Request: Template for borrower to request loan disbursement

3. Repayment Schedule: Detailed amortization schedule with payment dates and amounts

4. Form of Transfer Certificate: Template for transferring loan participation

5. Security Details: Detailed description of security assets and perfection requirements

6. Financial Covenants: Detailed financial ratios and calculations

7. Form of Compliance Certificate: Template for periodic compliance reporting

8. Existing Security and Facilities: List of existing borrowings and security arrangements

9. Project Details: Detailed description of project being financed (if project-specific)

10. Fee Schedule: Detailed breakdown of all applicable fees

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions








































































Clauses































Relevant Industries

Banking and Financial Services

Manufacturing

Real Estate and Construction

Infrastructure

Technology and Software

Healthcare

Energy and Utilities

Telecommunications

Agriculture and Agribusiness

Retail and Consumer Goods

Transportation and Logistics

Education

Hospitality and Tourism

Mining and Natural Resources

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Corporate Secretarial

Business Development

Project Finance

Operations

Investment

Corporate Banking

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Company Secretary

Treasury Manager

Credit Manager

Risk Manager

Relationship Manager

Loan Officer

Compliance Officer

Managing Director

Finance Manager

Corporate Lawyer

Banking Lawyer

Financial Controller

Project Finance Manager

Investment Manager

Business Development 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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