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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."
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
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
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
Additional Security
Affiliate
Applicable Law
Applicable Margin
Availability Period
Banking Day
Borrower
Business Day
Charged Assets
Charged Property
Conditions Precedent
Constitutional Documents
Control
Default
Default Interest
Default Rate
Disposal
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Facility Amount
Facility Documents
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Lender
Material Adverse Effect
Maturity Date
Outstanding Amount
Permitted Security
Potential Event of Default
Prepayment Amount
Principal Outstanding
Prohibited Person
Quarter Date
Receiver
Reference Banks
Reference Rate
Repayment Date
Repayment Installment
Repayment Schedule
Secured Assets
Secured Obligations
Security
Security Documents
Security Interest
Security Period
Security Provider
Subsidiary
Tax
Transaction Documents
Utilization
Utilization Date
Utilization Request
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security Creation
Further Security
Perfection of Security
Representations and Warranties
Information Covenants
Financial Covenants
General Covenants
Negative Pledge
Events of Default
Acceleration
Enforcement
Security Power of Attorney
Set-off
Changes to Parties
Assignment and Transfer
Lender Rights
Payment Mechanics
Notices
Calculations
Severability
Amendments
Confidentiality
Costs and Expenses
Indemnities
Currency
Set-Off
Delegation
Counterparts
Third Party Rights
Governing Law
Dispute Resolution
Jurisdiction
Banking and Financial Services
Real Estate
Manufacturing
Infrastructure
Technology
Healthcare
Retail
Agriculture
Energy
Transportation and Logistics
Telecommunications
Education
Hospitality
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretarial
Credit Analysis
Operations
Documentation
Transaction Management
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
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