Loan Indemnity Agreement Template for Nigeria

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Key Requirements PROMPT example:

Loan Indemnity Agreement

"I need a Loan Indemnity Agreement for a corporate indemnifier in the oil and gas sector, where they will be indemnifying a syndicate of three banks for a 500 million Naira loan, with the agreement to be effective from March 1, 2025."

Document background
The Loan Indemnity Agreement serves as a critical risk mitigation tool in Nigerian lending transactions, providing additional security to lenders beyond the primary loan agreement. This document becomes essential when there's a need for enhanced protection of the lender's interests, particularly in high-value loans, corporate financing, or situations with heightened risk profiles. The agreement, governed by Nigerian law and compliant with local banking regulations, typically details the scope of indemnity, trigger events, payment obligations, and enforcement mechanisms. It's commonly used alongside main loan agreements, especially when the original borrower's creditworthiness needs to be supplemented or when complex corporate structures require additional security layers.
Suggested Sections

1. Parties: Identification of the Indemnifier, the Beneficiary (typically the lender), and the Principal Debtor (if different from the Indemnifier)

2. Background: Recitals explaining the context of the loan agreement and the purpose of the indemnity

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including references to the underlying loan agreement

4. Indemnity: Core indemnity provisions, including scope, trigger events, and extent of coverage

5. Payment Obligations: Terms for making payments under the indemnity, including timing and method

6. Representations and Warranties: Statements of fact and assurances given by the Indemnifier

7. Duration and Continuing Security: Period of effectiveness and survival of the indemnity obligations

8. Costs and Expenses: Allocation of costs related to preparation, enforcement, and preservation of rights

9. Notices: Communication procedures and contact details for formal notices

10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

Optional Sections

1. Security Provisions: Include when the indemnity is secured by specific assets or guarantees

2. Multiple Indemnifiers: Required when there is more than one indemnifier, addressing joint and several liability

3. Corporate Authorizations: Include for corporate indemnifiers, detailing corporate approvals and authority

4. Assignment and Transfer: Include if parties want to allow transfer of rights under the indemnity

5. Step-In Rights: Include when the beneficiary needs rights to take control of certain situations or assets

6. Currency Provisions: Include for cross-border transactions or when multiple currencies are involved

7. Tax Provisions: Include when tax implications need specific addressing

8. Force Majeure: Include when specific events beyond control need to be addressed

Suggested Schedules

1. Form of Demand: Template for making formal demands under the indemnity

2. Details of the Underlying Loan: Summary or copy of the main terms of the loan being indemnified

3. Security Details: Description of any security or collateral provided (if applicable)

4. Corporate Authorizations: Copies of relevant corporate approvals and resolutions (for corporate indemnifiers)

5. Payment Details: Bank account and payment processing information

6. Contact Details: Comprehensive contact information for all parties and their representatives

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
Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Oil and Gas

Agriculture

Telecommunications

Construction

Mining

Retail

Transportation and Logistics

Healthcare

Education

Relevant Teams

Legal

Finance

Risk Management

Compliance

Corporate Secretariat

Treasury

Credit Administration

Corporate Banking

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Credit Risk Manager

Loan Officer

Compliance Officer

Corporate Secretary

Treasury Manager

Financial Controller

Risk Assessment Officer

Banking Relationship Manager

Corporate Finance Manager

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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