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Debt Assignment And Assumption Agreement
"I need a Debt Assignment and Assumption Agreement under Indian law for transferring a corporate loan of INR 50 million from ABC Bank Ltd. to XYZ Financial Services, with the transfer scheduled for March 15, 2025."
1. Parties: Identifies the Assignor (original creditor), Assignee (new creditor), and Debtor
2. Background: Recitals explaining the original debt arrangement and the intention to assign the debt
3. Definitions: Defines key terms including Debt, Assignment Date, Security Interest, and other relevant terms
4. Assignment: Core provision transferring all rights, title and interest in the debt from Assignor to Assignee
5. Consideration: Details of the payment or consideration for the assignment
6. Representations and Warranties: Assignor's warranties regarding ownership, validity and status of the debt
7. Debtor's Acknowledgment: Debtor's formal acknowledgment of the assignment and agreement to pay the Assignee
8. Transfer Mechanics: Practical steps for implementing the assignment including notices and documentation
9. Governing Law and Jurisdiction: Specifies Indian law as governing law and determines jurisdiction for disputes
10. Notices: Procedure for sending formal notices between parties
11. Execution: Signature blocks and execution formalities
1. Security Transfer: Include when the debt is secured and security interests need to be transferred
2. Regulatory Compliance: Include for regulated debts or when parties are financial institutions
3. Tax Provisions: Include specific tax-related provisions when assignment has significant tax implications
4. Further Assurance: Include when additional documentation or actions may be needed post-assignment
5. Costs and Expenses: Include to specify responsibility for assignment-related costs
6. Partial Assignment: Include when only a portion of the debt is being assigned
7. Confidentiality: Include when assignment involves sensitive commercial information
1. Schedule 1 - Debt Details: Detailed description of the debt being assigned including principal amount, interest rate, payment terms
2. Schedule 2 - Original Debt Documentation: List and copies of original loan agreements and related documents
3. Schedule 3 - Payment Details: New payment instructions and bank account details for the Assignee
4. Schedule 4 - Security Details: Details of any security interests, guarantees or collateral associated with the debt
5. Schedule 5 - Outstanding Amount: Statement of the current outstanding amount including principal and interest
6. Appendix A - Form of Notice: Template for notice of assignment to be sent to the Debtor
7. Appendix B - Form of Acknowledgment: Template for Debtor's acknowledgment of the assignment
Authors
Assigned Debt
Assignment Date
Assignor
Assignee
Business Day
Completion
Completion Date
Consideration
Cut-off Date
Debtor
Default Interest
Effective Date
Encumbrance
Event of Default
Existing Security
Governmental Authority
Indebtedness
Interest Rate
Law
Lien
Material Adverse Effect
Notice
Original Debt Agreement
Outstanding Amount
Party/Parties
Payment Date
Permitted Assignee
Related Documents
Representatives
Security Interest
Security Documents
Stamp Duty
Tax
Transaction Documents
Transfer
Working Day
Assignment
Consideration
Completion
Transfer Mechanics
Representations and Warranties
Covenants
Security Interest
Payment Terms
Default
Indemnification
Further Assurance
Confidentiality
Notices
Assignment and Transfer
Amendment
Severability
Waiver
Force Majeure
Costs and Expenses
Stamp Duty
Regulatory Compliance
Tax
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Banking and Financial Services
Corporate Finance
Real Estate
Manufacturing
Infrastructure
Healthcare
Retail
Technology
Telecommunications
Energy and Utilities
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Secretarial
Debt Recovery
Portfolio Management
Investment
Risk Management
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Credit Manager
Risk Manager
Debt Recovery Officer
Portfolio Manager
Investment Manager
Compliance Officer
Company Secretary
Financial Controller
Restructuring Manager
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