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Loan Sharing Agreement
"I need a Loan Sharing Agreement for a consortium of three Indian banks sharing a ₹500 crore infrastructure loan, with ICICI Bank as the facility agent and a requirement for quarterly rebalancing of loan shares."
1. Parties: Identifies all participating lenders, the facility agent (if any), and the borrower
2. Background: Explains the context of the loan sharing arrangement and the original loan facility
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Sharing Structure: Details the proportion of loan sharing between lenders and their respective commitments
5. Rights and Obligations of Lenders: Outlines the specific rights and responsibilities of each lender in the shared arrangement
6. Payment Mechanics: Describes the procedures for disbursement, repayment, and distribution of payments among lenders
7. Decision Making Process: Establishes voting rights and procedures for making collective decisions regarding the loan
8. Events of Default: Lists circumstances constituting default and their consequences
9. Security Sharing: Details how any security for the loan will be shared among lenders
10. Costs and Expenses: Allocates various costs and expenses among the participating lenders
11. Representations and Warranties: Contains statements of fact and assurances from each lender
12. Confidentiality: Establishes confidentiality obligations regarding the arrangement and shared information
13. Governing Law and Jurisdiction: Specifies the applicable law and courts for dispute resolution
14. Notices: Sets out the procedure for giving notices under the agreement
15. Amendments and Waivers: Describes the process for modifying the agreement or waiving rights
1. Facility Agent Appointment: Required when a facility agent is appointed to manage the loan sharing arrangement on behalf of lenders
2. Security Agent Provisions: Needed when a security agent is appointed to hold and manage security on behalf of lenders
3. Syndication Provisions: Include when there's potential for additional lenders to join the arrangement
4. Interest Rate Hedging: Required when the loan includes interest rate hedging arrangements
5. Intercreditor Provisions: Needed when there are multiple classes of lenders with different priorities
6. Assignment and Transfer: Include when lenders want the ability to transfer their share of the loan
7. Currency Provisions: Required for multi-currency facilities
8. Tax Gross-up and Indemnities: Include when dealing with cross-border lending or specific tax implications
1. Schedule 1 - Lender Commitments: Detailed breakdown of each lender's share and commitment amount
2. Schedule 2 - Conditions Precedent: List of documents and conditions required before the agreement becomes effective
3. Schedule 3 - Form of Transfer Certificate: Standard form for transferring loan participations between lenders
4. Schedule 4 - Payment Instructions: Banking and payment details for all parties
5. Schedule 5 - Notice Details: Contact information and notice requirements for all parties
6. Schedule 6 - Security Documents: List and copies of all security documents related to the loan
7. Appendix A - Calculation Methodology: Detailed explanation of how payments and shares are calculated
8. Appendix B - Voting Procedures: Detailed procedures for lender voting and decision-making
9. Appendix C - Forms of Notice: Standard forms for various notices required under the agreement
Authors
Account Bank
Additional Lender
Affected Lender
Agent
Applicable Law
Borrower
Business Day
Commitment
Commitment Percentage
Confidential Information
Default
Default Interest
Defaulting Lender
Disruption Event
Effective Date
Event of Default
Facility
Facility Agent
Facility Office
Finance Documents
Finance Parties
Financial Indebtedness
Hedging Agreement
Interest Period
Interest Rate
Lender
Loan
Loan Participation
Majority Lenders
Material Adverse Effect
Original Lenders
Participating Interest
Payment Date
Principal Outstanding
Pro Rata Share
Qualifying Lender
Reference Banks
Repayment Date
Replacement Lender
Required Lenders
Reserve Bank of India
Sanctioning Authority
Security
Security Agent
Security Documents
Security Interest
Security Provider
Security Sharing
Share
Specified Time
Syndication
Tax
Transfer Certificate
Transfer Date
Unpaid Sum
Voting Rights
Definitions
Loan Participation
Payment Obligations
Security Sharing
Representations and Warranties
Covenants
Events of Default
Acceleration
Payment Mechanics
Pro Rata Sharing
Administration
Decision Making
Majority Lender Rights
Agency Provisions
Security Trust
Costs and Expenses
Tax Provisions
Interest Calculations
Assignment and Transfer
Amendments and Waivers
Confidentiality
Notices
Counterparts
Severability
Force Majeure
Indemnification
Set-off Rights
Register Maintenance
Information Rights
Voting Rights
Default Interest
Currency Provisions
Dispute Resolution
Governing Law
Jurisdiction
Banking
Financial Services
Investment Banking
Private Equity
Non-Banking Financial Companies (NBFCs)
Infrastructure
Real Estate
Manufacturing
Energy
Telecommunications
Healthcare
Commercial Lending
Legal
Finance
Credit
Risk Management
Compliance
Treasury
Banking Operations
Syndications
Corporate Finance
Transaction Management
Portfolio Management
Deal Advisory
Documentation
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Loan Officer
Credit Manager
Risk Manager
Compliance Officer
Banking Operations Manager
Syndication Manager
Relationship Manager
Treasury Manager
Finance Manager
Credit Analyst
Legal Associate
Company Secretary
Transaction Manager
Portfolio Manager
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