The Working Capital Loan Agreement is essential for businesses seeking short-term financing to manage their operational expenses and cash flow requirements in India. This document is typically used when a company needs funding for day-to-day operations, inventory management, or to bridge temporary cash flow gaps. The agreement, governed by Indian law and banking regulations, establishes the legal framework for the lending relationship, including facility limits, drawdown procedures, security arrangements, and compliance requirements. It incorporates necessary provisions to comply with Reserve Bank of India guidelines, banking regulations, and security enforcement mechanisms under Indian law, while protecting both lender and borrower interests through clearly defined terms and conditions.
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1. Parties: Identifies the lender and borrower with complete legal names and addresses
2. Background: Explains the context of the loan facility and parties' intentions
3. Definitions and Interpretation: Defines all key terms, financial metrics, and interpretation rules
4. Facility Amount and Purpose: Specifies the loan amount, type of facility, and permitted purposes
5. Conditions Precedent: Lists conditions that must be satisfied before loan disbursement
6. Drawdown Mechanics: Details the process and requirements for drawing down the loan
7. Interest and Fees: Specifies interest rates, calculation methods, and applicable fees
8. Repayment Terms: Details repayment schedule, prepayment provisions, and payment mechanics
9. Security: Describes the security/collateral arrangements for the loan
10. Representations and Warranties: Lists borrower's confirmations about its legal and financial status
11. Covenants: Details positive and negative obligations of the borrower
12. Events of Default: Lists circumstances that constitute default and consequences
13. Enforcement and Remedies: Outlines lender's rights and remedies upon default
14. General Provisions: Includes standard clauses like notices, amendments, governing law
1. Guarantee: Required when third-party guarantors are involved in securing the loan
2. Multiple Drawing Facilities: Needed when the agreement includes different types of working capital facilities
3. Insurance: Detailed insurance requirements when specific insurance coverage is crucial
4. Additional Security Provisions: Required for complex security arrangements or multiple security types
5. Inter-creditor Provisions: Needed when multiple lenders are involved
6. Currency Provisions: Required for facilities involving foreign currency
7. Tax Provisions: Detailed tax clauses when complex tax implications exist
1. Facility Terms: Detailed terms of the working capital facility including limits and sub-limits
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied
3. Security Details: Detailed description of security/collateral assets and documentation
4. Form of Drawdown Notice: Template for borrower to request loan disbursement
5. Repayment Schedule: Detailed schedule of repayment dates and amounts
6. Financial Covenants: Specific financial ratios and thresholds to be maintained
7. Fee Schedule: Detailed breakdown of all applicable fees and charges
8. Form of Compliance Certificate: Template for periodic compliance reporting
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