Trade Finance Facility Agreement Template for India

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Key Requirements PROMPT example:

Trade Finance Facility Agreement

"I need a Trade Finance Facility Agreement under Indian law for a USD 50 million export financing facility between ABC Bank Limited as lender and XYZ Pharmaceuticals Private Limited as borrower, with security over receivables and a parent company guarantee."

Document background
The Trade Finance Facility Agreement is a crucial document used in Indian banking and international trade contexts to establish formal lending arrangements for trade finance purposes. It is typically employed when companies require financing for their import/export operations, working capital for international trade, or other trade-related funding needs. The agreement comprehensively covers facility terms, drawdown mechanisms, security structures, and compliance requirements under Indian law, including RBI guidelines and FEMA regulations. It incorporates necessary safeguards for lenders while providing borrowers with clear operational parameters for facility utilization. This document is essential for businesses engaged in international trade seeking structured financing from Indian financial institutions.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any guarantors

2. Background: Context of the trade finance facility and its commercial purpose

3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation

4. The Facility: Details of the trade finance facility, including type, amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before facility utilization

6. Utilization: Process and requirements for drawing down the facility

7. Interest and Fees: Interest calculation, payment terms, and applicable fees

8. Repayment and Prepayment: Terms for repayment and early repayment options

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Information Undertakings: Borrower's obligations to provide financial and other information

11. General Undertakings: Borrower's general operational and financial covenants

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Rules for assignments and transfers

14. Administration: Administrative provisions including notices and calculations

15. Governing Law and Jurisdiction: Choice of Indian law and jurisdiction provisions

Optional Sections

1. Security: Required if the facility is secured by specific assets or guarantees

2. Multiple Currency Provisions: Include if the facility can be utilized in multiple currencies

3. Increased Costs and Tax Provisions: Detailed provisions for managing changes in regulatory costs or tax implications

4. Syndication Provisions: Required if multiple lenders are involved or syndication is contemplated

5. Agency Provisions: Include if a facility agent is appointed to manage syndicated facility

6. Islamic Finance Provisions: Required if Sharia-compliant structure is needed

7. Force Majeure: Specific provisions for handling unforeseen circumstances affecting trade

8. Sanctions and Anti-corruption: Detailed provisions regarding compliance with international sanctions

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Request: Standard form for utilization requests

3. Form of Transfer Certificate: Template for transferring participations

4. Repayment Schedule: Detailed repayment dates and amounts

5. Security Documents: List and copies of security documentation

6. Authorized Signatories: List of persons authorized to act for each party

7. Calculation of Interest: Detailed methodology for interest calculations

8. Form of Compliance Certificate: Template for periodic compliance reporting

9. Trade Finance Products: Specific terms for different trade finance products offered

10. Fee Schedule: Detailed breakdown of all applicable fees

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 & Financial Services

International Trade

Manufacturing

Import/Export

Commodities Trading

Retail

Wholesale Distribution

Logistics & Supply Chain

Agriculture

Textiles

Pharmaceuticals

Automotive

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Credit

Operations

International Banking

Documentation

Corporate Banking

Transaction Banking

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Corporate Banking Officer

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Finance Director

Import/Export Manager

Documentation Specialist

Relationship Manager

Corporate Finance Manager

International Trade Specialist

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Essential for the basic structure and enforceability of the facility agreement.
Banking Regulation Act, 1949: Regulates banking companies and their operations in India, including their ability to provide trade finance facilities.
Foreign Exchange Management Act (FEMA), 1999: Governs foreign exchange transactions and cross-border trade financing arrangements.
Registration Act, 1908: Determines which documents need to be registered with authorities, particularly relevant if the agreement involves security creation.
Indian Stamp Act, 1899: Determines the stamp duty payable on financial documents and agreements.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002: Provides framework for security enforcement and debt recovery for financial institutions.
Reserve Bank of India Act, 1934: Contains provisions regarding monetary policy and banking regulation affecting trade finance.
RBI Master Circular on Rupee/Foreign Currency Export Credit and Customer Service to Exporters: Specific guidelines from RBI regarding export credit and trade finance facilities.
Transfer of Property Act, 1882: Relevant for creation and enforcement of security interests in property, if applicable to the facility.
Prevention of Money Laundering Act, 2002: Compliance requirements for financial institutions in preventing money laundering through trade finance.
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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