The Lending Loan Agreement serves as a fundamental legal instrument in Indian financial transactions, establishing the contractual relationship between lenders and borrowers. This document is essential when any financial institution or authorized lender extends credit to individuals, businesses, or organizations. The agreement comprehensively covers all aspects of the lending relationship, including loan amount, interest calculations, repayment terms, security arrangements, and default consequences. It ensures compliance with Indian banking and financial regulations, particularly the Banking Regulation Act, RBI guidelines, and relevant financial legislation. The Lending Loan Agreement is crucial for protecting both lender and borrower interests, providing clear terms for loan disbursement, repayment obligations, and remedies in case of default, while maintaining alignment with Indian legal requirements and banking practices.
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1. Parties: Identification of the lender and borrower with complete details including registration numbers for companies
2. Background: Context of the loan agreement including purpose and any pre-conditions fulfilled
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount, currency, and permitted use of the loan funds
5. Interest Rate: Details of interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Security/Collateral: Details of assets pledged as security for the loan
8. Conditions Precedent: Conditions that must be satisfied before loan disbursement
9. Representations and Warranties: Statements of fact by the borrower about their legal and financial status
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences thereof
12. Rights and Remedies: Lender's rights and remedies in case of default
13. Expenses and Indemnification: Allocation of costs and indemnity provisions
14. Notices: Process and addresses for serving notices
15. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details
16. Execution: Signature blocks and execution formalities
1. Guarantor Provisions: Required when a third party guarantees the loan, detailing guarantor's obligations and rights
2. Insurance Requirements: Needed when specific insurance coverage is required for secured assets
3. Assignment and Transfer: Include when either party may need to transfer rights under the agreement
4. Force Majeure: Optional clause dealing with unforeseen circumstances affecting loan obligations
5. Digital Documentation: Required for electronic execution and maintenance of records
6. Step-in Rights: Include when lender requires right to take control of secured assets or business
7. Cross-Default: Include when default under other loans should trigger default under this agreement
8. Change of Control: Required for corporate borrowers where ownership changes could affect loan security
1. Schedule 1 - Loan Disbursement Schedule: Details of loan tranches and disbursement conditions
2. Schedule 2 - Repayment Schedule: Detailed amortization schedule with payment dates and amounts
3. Schedule 3 - Security Details: Comprehensive description of collateral and security arrangements
4. Schedule 4 - Conditions Precedent Documents: List of documents required before loan disbursement
5. Schedule 5 - Financial Covenants: Specific financial ratios and requirements to be maintained
6. Schedule 6 - Form of Disbursement Request: Template for requesting loan disbursements
7. Schedule 7 - Fees and Charges: Detailed breakdown of all applicable fees and charges
8. Appendix A - KYC Documents: List of required Know Your Customer documents
9. Appendix B - Security Creation Documents: Forms and formats for creating security interests
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