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Credit Assignment Agreement
"I need a Credit Assignment Agreement for my company to transfer a corporate loan portfolio worth ₹50 million to an NBFC in Mumbai, with the transfer to be completed by March 2025 and including provisions for ongoing security arrangements."
1. Parties: Identification of the Assignor (current creditor) and Assignee (new creditor), including their complete legal names, registration details, and addresses
2. Background: Context of the original credit/debt, relationship between parties, and purpose of the assignment
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Assignment: Core provision detailing the transfer of rights, specific credit/debt being assigned, and effective date of assignment
5. Consideration: Details of the payment or other consideration for the assignment
6. Representations and Warranties: Assignor's representations regarding ownership, right to assign, status of credit, absence of encumbrances
7. Assignor's Covenants: Obligations of the assignor including cooperation in transfer, delivery of documents, and future actions
8. Notice and Communication: Requirements and process for notifying the debtor and other relevant parties about the assignment
9. Indemnification: Indemnity provisions protecting parties against breaches or misrepresentations
10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Security Transfer: Required when the assigned credit is secured by collateral or guarantees
2. Third Party Rights: Needed when there are existing third-party rights or claims that need to be addressed
3. Further Assurance: Additional provisions for future cooperation and documentation
4. Costs and Expenses: Allocation of transaction costs, stamp duty, and registration fees
5. Confidentiality: Required when sensitive commercial or personal information is involved
6. Assignment Restrictions: Include when there are limitations on further assignment by the assignee
7. Regulatory Compliance: Required when the assignment involves regulated entities or requires regulatory approvals
8. Tax Provisions: Include when there are specific tax implications or allocations to be addressed
1. Schedule 1 - Details of Assigned Credit: Comprehensive details of the credit being assigned including amount, interest, payment terms, and current status
2. Schedule 2 - Original Credit Documentation: List and copies of all relevant original credit documents
3. Schedule 3 - Security Details: Details of any security or collateral associated with the assigned credit
4. Schedule 4 - Payment Details: Bank account and payment instruction details for the consideration
5. Schedule 5 - Form of Notice to Debtor: Template of notice to be sent to the debtor regarding the assignment
6. Appendix A - Power of Attorney: If required, format of power of attorney for executing related documents
7. Appendix B - Compliance Certificates: Any required regulatory or compliance certificates
Authors
Assignment Date
Assignor
Assignee
Business Day
Completion
Completion Date
Consideration
Credit Documents
Debtor
Default Interest
Effective Date
Encumbrance
Event of Default
Governing Law
Guarantor
Indebtedness
Interest Rate
Legal Requirements
Losses
Material Adverse Effect
Notice
Original Credit Agreement
Outstanding Amount
Payment Date
Permitted Assignee
Principal Amount
Receivables
Related Rights
Relevant Authority
Security
Security Documents
Stamp Duty
Transaction Documents
Transfer Certificate
Working Day
Consideration
Representations and Warranties
Covenants
Conditions Precedent
Transfer of Rights
Security Transfer
Notice Requirements
Payment Terms
Indemnification
Further Assurance
Costs and Expenses
Tax Provisions
Confidentiality
Regulatory Compliance
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Assignment Restrictions
Notices
Counterparts
Third Party Rights
Default
Remedies
Termination
Banking
Financial Services
Asset Management
Debt Collection
Private Equity
Investment Banking
Corporate Finance
Real Estate Finance
Insurance
Non-Banking Financial Companies (NBFCs)
Legal
Finance
Risk Management
Compliance
Corporate Finance
Treasury
Credit Operations
Debt Recovery
Portfolio Management
Documentation
Legal Counsel
Finance Manager
Credit Manager
Risk Management Officer
Compliance Officer
Corporate Finance Manager
Investment Manager
Debt Recovery Officer
Portfolio Manager
Treasury Manager
Chief Financial Officer
Legal Director
Credit Risk Analyst
Corporate Lawyer
Financial Controller
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