A Company Loan Agreement is essential when one company extends credit to another in India, whether for business expansion, working capital, or specific project financing. This document, governed by Indian law, particularly the Indian Contract Act 1872 and Companies Act 2013, outlines the complete lending relationship between the parties. It includes crucial elements such as loan amount, interest calculations, repayment schedules, security arrangements, events of default, and remedies. The agreement must comply with Indian banking regulations if the lender is a financial institution, and requires proper corporate authorizations from both parties. It's particularly important for documenting inter-corporate loans and ensuring regulatory compliance while protecting both lender and borrower interests through clear terms and conditions.
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1. Parties: Identification of the lender and borrower with complete legal names, registration details, and addresses
2. Background: Context of the loan, purpose, and brief description of the parties' intention
3. Definitions: Defined terms used throughout the agreement including financial terms, parties, and technical terminology
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment frequency
6. Repayment Terms: Repayment schedule, installment amounts, and payment mechanisms
7. Conditions Precedent: Conditions that must be satisfied before the loan is disbursed
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. Notices: Process and addresses for formal communications between parties
13. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Security: Details of any collateral or security provided - used when the loan is secured
2. Guarantee: Terms of any corporate or personal guarantee - used when there are guarantors
3. Insurance: Insurance requirements for secured assets - used for secured loans
4. Prepayment: Terms for early repayment - used when prepayment is allowed
5. Assignment and Transfer: Terms for transferring loan rights - used when transfer rights are contemplated
6. Increased Costs: Provisions for handling regulatory changes affecting loan costs - used in longer-term loans
7. Tax Provisions: Detailed tax implications and responsibilities - used when complex tax considerations exist
8. Foreign Currency Provisions: Exchange rate and currency risk provisions - used for foreign currency loans
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Comprehensive description of security assets and their values
3. Conditions Precedent Documents: List of required documents and conditions to be satisfied
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Corporate Authorizations: Copies of board resolutions and other corporate approvals
6. Key Financial Covenants: Detailed financial ratios and thresholds to be maintained
7. Guarantee Documents: Forms of guarantee and guarantor details
8. Existing Encumbrances: List of existing charges or encumbrances on borrower assets
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