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Loan Termination Agreement
"I need a Loan Termination Agreement for a corporate borrower who is refinancing their manufacturing facility loan with another bank; the original loan was for INR 50 crore, and we need to include provisions for the release of multiple property securities by March 2025."
1. Parties: Identification of the lender and borrower, including their full legal names, addresses, and registration details if applicable
2. Background: Details of the original loan agreement, including date, principal amount, and key terms, and the circumstances leading to termination
3. Definitions: Definitions of key terms used throughout the agreement, including references to the original loan agreement
4. Termination Date: Specifies the effective date of termination and cessation of all obligations under the loan agreement
5. Settlement Amount: States the final settlement amount agreed between parties, including any adjustments to the original loan amount
6. Payment Terms: Details of how and when the settlement amount will be paid, including payment method and timeline
7. Release and Discharge: Mutual release of all claims, obligations, and liabilities related to the loan agreement
8. Return of Security: Provisions for the return or release of any security, collateral, or guarantees provided under the original loan
9. Representations and Warranties: Statements by both parties confirming their authority to enter into the termination agreement and the accuracy of information provided
10. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for dispute resolution
11. Notices: Details how formal communications between parties should be made and delivered
12. Counterparts: Allows the agreement to be signed in multiple copies, each considered an original
1. Surviving Provisions: Lists any provisions from the original loan agreement that will survive termination - include when certain obligations need to continue
2. Tax Implications: Addresses responsibility for any tax consequences - include when there are significant tax considerations
3. Confidentiality: Obligations to keep the termination terms confidential - include for sensitive commercial arrangements
4. Dispute Resolution: Detailed arbitration or mediation procedures - include when parties want specific dispute resolution mechanisms
5. Third Party Rights: Addresses rights of any third parties affected by the termination - include when guarantors or other third parties are involved
6. Further Assurance: Obligation to execute additional documents if needed - include when complex security arrangements exist
7. Costs: Allocation of costs related to the termination - include when significant costs are involved in the termination process
1. Schedule 1 - Original Loan Agreement: Copy or details of the original loan agreement being terminated
2. Schedule 2 - Settlement Calculation: Detailed breakdown of the final settlement amount, including principal, interest, and any adjustments
3. Schedule 3 - Security Details: List of all security documents to be released and procedures for release
4. Schedule 4 - Payment Schedule: If settlement is to be paid in installments, detailed payment schedule with dates and amounts
5. Appendix A - Release Documents: Forms of release documents to be executed for security interests
6. Appendix B - Compliance Certificates: Any required compliance certificates or regulatory approvals for the termination
Authors
Original Loan Agreement
Lender
Borrower
Guarantor
Security Provider
Effective Date
Termination Date
Settlement Amount
Outstanding Amount
Interest
Default Interest
Security
Security Documents
Encumbrances
Release Documents
Business Day
Bank Account
Settlement Payment
Facility
Finance Documents
Loan Documents
Material Adverse Effect
Parties
Related Parties
Representations
Security Interest
Settlement Date
Surviving Provisions
Working Day
Authorised Representative
Compliance Certificate
Discharge Date
Payment Obligation
Regulatory Authority
RBI
Applicable Law
Indian Law
Definitions
Termination
Settlement
Payment
Release
Security
Representations and Warranties
Indemnification
Confidentiality
Further Assurance
Costs
Notices
Assignment
Severability
Entire Agreement
Amendment
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Counterparts
Waiver
Time of Essence
Authority
Compliance
Third Party Rights
Successors and Assigns
Survival
Banking & Financial Services
Real Estate & Construction
Manufacturing
Infrastructure
Technology
Healthcare
Retail
Agriculture
Education
Hospitality
Legal
Finance
Risk Management
Credit
Compliance
Treasury
Corporate Banking
Operations
Document Management
Loan Administration
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Manager
Loan Officer
Company Secretary
Treasury Manager
Compliance Officer
Banking Relationship Manager
Financial Controller
Legal Director
Chief Risk Officer
Corporate Banking Head
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