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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."
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
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
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
Account
Additional Cost Rate
Affiliate
Availability Period
Available Commitment
Available Facility
Bill of Exchange
Bill of Lading
Break Costs
Business Day
Commitment
Compliance Certificate
Confidential Information
Default
Default Rate
Disruption Event
Document of Title
Event of Default
Facility
Facility Office
FATF
Fee Letter
Finance Document
Finance Party
Financial Indebtedness
Financial Statements
Financial Year
Force Majeure Event
GAAP
Group
Guarantee
Holding Company
Increased Costs
Indian Rupees
Interest Period
Interest Rate
Letter of Credit
LIBOR
Margin
Material Adverse Effect
Month
Original Financial Statements
Party
Permitted Security
Potential Event of Default
Quotation Day
Reference Banks
Relevant Market
Repayment Date
Repeating Representations
Sanctioned Country
Sanctioned Person
Sanctions
Screen Rate
Security
Security Documents
Subsidiary
Tax
Trade Finance Documents
Transaction Documents
Trust Receipt
Utilization
Utilization Date
Utilization Request
Facility Terms
Purpose
Conditions Precedent
Utilization
Repayment
Prepayment
Interest
Fees
Tax Gross-Up
Increased Costs
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Trade Finance Undertakings
Events of Default
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Severability
Force Majeure
Anti-Money Laundering
Sanctions Compliance
Governing Law
Dispute Resolution
Jurisdiction
Assignment and Transfer
Agency Provisions
Indemnities
Currency Provisions
Default Interest
Market Disruption
Costs and Expenses
Banking & Financial Services
International Trade
Manufacturing
Import/Export
Commodities Trading
Retail
Wholesale Distribution
Logistics & Supply Chain
Agriculture
Textiles
Pharmaceuticals
Automotive
Legal
Finance
Treasury
Trade Finance
Risk Management
Compliance
Credit
Operations
International Banking
Documentation
Corporate Banking
Transaction Banking
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
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