Credit And Security Agreement Template for India

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Key Requirements PROMPT example:

Credit And Security Agreement

"I need a Credit and Security Agreement for a manufacturing company borrowing INR 50 crore from a consortium of three banks, with security over plant machinery and immovable property, including step-in rights for lenders."

Document background
The Credit and Security Agreement serves as a fundamental document in secured lending transactions within the Indian jurisdiction. It is typically used when a lender provides financial facilities to a borrower against specific security interests in assets. The agreement combines elements of both a credit agreement and security documentation, streamlining the documentation process while ensuring comprehensive coverage of both aspects. It must comply with various Indian regulations including the SARFAESI Act 2002, Banking Regulation Act 1949, and Indian Contract Act 1872. The document is particularly crucial for corporate borrowing, project finance, and asset-based lending, where security interests need to be properly created and perfected under Indian law. It includes detailed provisions for the facility, security creation, representations, covenants, and enforcement mechanisms, all tailored to meet Indian regulatory requirements and market practices.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any security providers or guarantors

2. Background: Context of the credit facility and security arrangement

3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation

4. The Facility: Details of the credit facility including amount, purpose, availability and conditions precedent

5. Interest and Fees: Interest rate, calculation methods, payment dates, and applicable fees

6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics

7. Security: Creation and perfection of security interests over the secured assets

8. Representations and Warranties: Statements of fact and assurances given by the borrower/security provider

9. Covenants: Positive and negative obligations of the borrower during the facility period

10. Events of Default: Circumstances constituting default and consequences thereof

11. Enforcement: Rights and remedies of the lender upon default

12. Changes to Parties: Transfer and assignment provisions

13. Administration: Notice requirements, calculations, and other administrative provisions

14. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

Optional Sections

1. Intercreditor Provisions: Required when multiple lenders are involved, establishing priority and sharing arrangements

2. Guarantee: Include when third-party guarantees are part of the security package

3. Special Drawing Conditions: For facilities with multiple tranches or special drawing requirements

4. Security Trustee Provisions: Required when a security trustee holds the security on behalf of multiple lenders

5. Currency Provisions: Include for facilities involving multiple currencies

6. Insurance: Detailed insurance requirements when specific insurance coverage is crucial for the security

7. Tax Provisions: Enhanced tax provisions when cross-border elements exist

8. Regulatory Compliance: Special provisions for regulated borrowers or specific sector requirements

Suggested Schedules

1. Facility Particulars: Detailed terms of the facility including amount, interest rate, and repayment schedule

2. Security Assets: Detailed description and particulars of all assets over which security is being created

3. Conditions Precedent: List of documents and conditions required before facility utilization

4. Form of Utilization Request: Template for drawing requests under the facility

5. Security Documents: Forms of various security documents such as mortgage deeds, hypothecation agreements

6. Form of Transfer Certificates: Templates for transfer of facility or security interests

7. Repayment Schedule: Detailed amortization schedule if term loan

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

9. Filing and Registration Requirements: List of required filings and registrations for security perfection

10. Existing Encumbrances: List of permitted existing security interests or encumbrances on security assets

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Infrastructure

Technology

Healthcare

Retail

Agriculture

Energy

Transportation and Logistics

Telecommunications

Education

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretarial

Credit Analysis

Operations

Documentation

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Company Secretary

Treasury Manager

Credit Risk Manager

Compliance Officer

Banking Relationship Manager

Security Trustee Officer

Loan Officer

Corporate Finance Manager

Asset Manager

Risk Officer

Transaction Manager

Documentation Specialist

Industries
Indian Contract Act, 1872: Fundamental law governing formation and enforcement of contracts in India, including essential elements of valid contracts, remedies for breach, and contractual obligations
Security Interest (Enforcement) Rules, 2002: Regulates the enforcement of security interests created in favor of secured creditors, including banks and financial institutions
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act): Enables banks and financial institutions to auction properties when borrowers fail to repay their loans, providing framework for security enforcement
Registration Act, 1908: Governs the registration of documents creating security interests in immovable property and requirements for registering security documents
Indian Stamp Act, 1899: Determines the stamp duty payable on security documents and other financial instruments
Companies Act, 2013: Regulates creation and registration of charges by companies, including requirements for filing with the Registrar of Companies
Banking Regulation Act, 1949: Regulates banking companies and their lending activities, including guidelines for secured lending
Recovery of Debts Due to Banks and Financial Institutions Act, 1993: Provides special provisions for recovery of debts due to banks and financial institutions
Transfer of Property Act, 1882: Governs the transfer of property and creation of security interests in immovable property, including mortgages
Reserve Bank of India Act, 1934: Contains provisions regarding regulation of secured lending by banks and financial institutions, including priority sector lending requirements
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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