The Interim Loan Agreement is a crucial financing document used in situations where temporary or bridge funding is required pending a more permanent financing solution. This agreement type is commonly employed during corporate restructuring, acquisition financing, or when immediate funding is needed before long-term arrangements can be finalized. Under Indian law, the Interim Loan Agreement must comply with various regulations including the Indian Contract Act, Banking Regulation Act, and RBI guidelines. The document typically includes detailed provisions for drawdown conditions, interest calculations, security arrangements, and repayment terms, with specific attention to Indian statutory requirements and market practices. The interim nature of the facility often requires additional provisions regarding refinancing or conversion options, making it distinct from standard term loan agreements.
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1. Parties: Identification of the lender and borrower with their complete legal names, registration details, and addresses
2. Background: Context of the interim loan, including the purpose and any related transactions or arrangements that necessitate this interim funding
3. Definitions: Definitions of key terms used throughout the agreement
4. Facility Details: Amount of the loan, purpose, and any tranches or drawdown mechanisms
5. Interest and Fees: Interest rate, calculation method, payment dates, and any additional fees or charges
6. Drawdown: Conditions precedent, drawdown process, and notice requirements
7. Repayment Terms: Repayment schedule, prepayment provisions, and maturity date
8. Representations and Warranties: Standard representations by the borrower about their legal status, authority, and financial condition
9. Covenants: Positive and negative obligations of the borrower during the loan period
10. Events of Default: Circumstances that would constitute default and consequences thereof
11. Security: Details of any security or guarantees provided for the loan
12. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law, and jurisdiction
1. Conversion Rights: Used when the interim loan may be converted into equity or another form of financing
2. Intercreditor Provisions: Required when there are multiple lenders or existing creditors
3. Tax Provisions: Detailed section needed when cross-border elements or specific tax considerations apply
4. Currency Provisions: Required for loans involving multiple currencies or foreign exchange considerations
5. Step-In Rights: Included when lender may need to take control of certain assets or projects
6. Bridge Financing Terms: Used when the interim loan is explicitly bridging to a specific future financing event
7. Subordination Provisions: Required when the interim loan needs to be subordinated to other debt
1. Conditions Precedent: Detailed list of documents and conditions required before drawdown
2. Form of Drawdown Notice: Template for the borrower to request loan disbursement
3. Repayment Schedule: Detailed breakdown of repayment dates and amounts
4. Security Details: Comprehensive description of all security assets and perfection requirements
5. Fee Schedule: Detailed breakdown of all fees, including arrangement fees, commitment fees, and other charges
6. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
7. Existing Indebtedness: List of borrower's existing debt obligations
8. Contact Details: List of authorized representatives and their contact information for notices
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