Loan Against Letter Of Credit Template for India

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Key Requirements PROMPT example:

Loan Against Letter Of Credit

"I need a Loan Against Letter of Credit agreement for my manufacturing company to secure a INR 5 crore loan facility against an export LC, with the loan to be disbursed by March 2025 and repayable over 12 months."

Document background
The Loan Against Letter of Credit agreement is a specialized financing document used when a business requires funding against an existing Letter of Credit, typically in international trade scenarios. This agreement type is commonly utilized in India by importers and exporters who need working capital or trade finance solutions. The document establishes the legal framework for the loan facility, detailing how the Letter of Credit serves as security, and includes specific provisions required under Indian banking regulations and Reserve Bank of India guidelines. It's particularly relevant when businesses need to bridge the gap between paying suppliers and receiving payment from buyers in international trade transactions. The agreement must comply with various Indian legislations including the Banking Regulation Act, 1949, and relevant RBI circulars governing such credit facilities.
Suggested Sections

1. Parties: Identifies the lending bank and the borrower, including their registered addresses and company details

2. Background: Sets out the context of the loan facility and the Letter of Credit arrangement

3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation rules

4. Facility Amount and Purpose: Specifies the loan amount, purpose, and relationship to the Letter of Credit

5. Letter of Credit Details: Describes the Letter of Credit being used as security, including issuing bank, beneficiary, and amount

6. Conditions Precedent: Lists conditions that must be satisfied before the loan facility becomes available

7. Drawdown and Disbursement: Specifies the process and conditions for drawing down the loan facility

8. Interest and Fees: Details the interest rate, calculation method, and applicable fees

9. Repayment Terms: Outlines the repayment schedule, methods, and prepayment provisions

10. Security Structure: Details how the Letter of Credit serves as security and any additional security requirements

11. Representations and Warranties: Standard declarations made by the borrower regarding their legal and financial status

12. Covenants: Ongoing obligations of the borrower during the loan term

13. Events of Default: Lists circumstances that would constitute default and their consequences

14. Bank's Rights and Remedies: Details the bank's rights in case of default or breach

15. Notices: Specifies how formal communications between parties should be made

16. Governing Law and Jurisdiction: Establishes the applicable law and courts having jurisdiction

Optional Sections

1. Currency Provisions: Required when the Letter of Credit is in a different currency from the loan facility

2. Insurance: Needed when specific insurance requirements are imposed on the underlying trade transaction

3. Additional Security Provisions: Used when additional collateral or security beyond the LC is required

4. Tax Provisions: Detailed tax clauses needed for cross-border transactions or specific tax implications

5. Assignment and Transfer: Required when either party needs the right to assign or transfer their rights

6. Force Majeure: Added when specific force majeure provisions are needed beyond standard contract frustration

7. Correspondent Bank Arrangements: Required when involving international banks or correspondent banking relationships

8. Syndication Provisions: Needed when the loan facility might be syndicated to other lenders

Suggested Schedules

1. Schedule 1 - Letter of Credit Details: Complete details of the Letter of Credit including terms, conditions, and beneficiary information

2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees, charges, and commission

3. Schedule 3 - Drawdown Notice Format: Template for drawdown requests under the facility

4. Schedule 4 - Conditions Precedent Documents: List of all documents required before facility activation

5. Schedule 5 - Repayment Schedule: Detailed repayment timeline and installment amounts

6. Appendix A - Compliance Certificate Format: Template for periodic compliance certifications

7. Appendix B - Security Documents: Copies or formats of additional security documentation

8. Appendix C - Know Your Customer Requirements: List of required KYC documents and verification requirements

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

International Trade

Import/Export

Manufacturing

Wholesale Trading

Retail

Commodities Trading

Shipping and Logistics

Industrial Production

Agriculture and Food Processing

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Commercial Operations

International Business

Credit

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Trade Finance Manager

Import/Export Manager

Credit Risk Officer

Legal Counsel

Banking Relationship Manager

Commercial Director

Financial Controller

Trade Finance Operations Officer

Compliance Officer

Company Secretary

Risk Management Officer

Industries
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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