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Assignment Of Loan Agreement
"I need an Assignment of Loan Agreement for transferring a corporate loan worth INR 50 crores from HDFC Bank to ICICI Bank, with the assignment to be effective from March 15, 2025; the borrower is a manufacturing company and needs to be notified of the change."
1. Parties: Identifies the Assignor (original lender), Assignee (new lender), and Borrower
2. Background: Describes the original loan agreement, its key terms, and the intention to assign
3. Definitions: Defines key terms used throughout the agreement including Loan Agreement, Assignment Date, Outstanding Amount
4. Assignment: Core clause specifying the transfer of rights and obligations from Assignor to Assignee
5. Consideration: Details of the payment or consideration for the assignment
6. Representations and Warranties: Assignor's warranties regarding the loan, outstanding amount, and authority to assign
7. Covenants: Ongoing obligations of the parties, including cooperation in perfecting the assignment
8. Notice to Borrower: Requirements and process for notifying the borrower of the assignment
9. Effective Date and Conditions Precedent: When the assignment takes effect and any conditions that must be met
10. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction for disputes
1. Security Transfer: Required when the original loan is secured and the security interests need to be transferred
2. Regulatory Compliance: Include when either party is a regulated entity requiring specific compliance provisions
3. Tax Provisions: Include when there are specific tax implications that need to be addressed
4. Further Assurance: Optional clause for additional actions parties may need to take to perfect the assignment
5. Costs and Expenses: Include when there's a need to specify who bears various costs of the assignment
6. Partial Assignment: Required when only a portion of the loan is being assigned
7. Indemnification: Optional protection for the assignee against pre-existing claims or disputes
1. Original Loan Agreement: Copy or details of the original loan agreement being assigned
2. Outstanding Amount Details: Statement of the current loan balance, interest accrued, and payment history
3. Security Details: List and description of any security or collateral associated with the loan
4. Form of Notice to Borrower: Template of the formal notice to be sent to the borrower regarding the assignment
5. Payment Details: Bank account and payment instruction details for future loan payments
6. Compliance Certificates: Any required regulatory or compliance certificates from either party
Authors
Banking
Financial Services
Non-Banking Financial Companies (NBFCs)
Asset Management
Real Estate
Infrastructure
Manufacturing
Private Equity
Debt Collection
Insurance
Legal
Finance
Credit
Compliance
Risk Management
Treasury
Loan Operations
Portfolio Management
Debt Recovery
Corporate Affairs
Legal Counsel
Finance Manager
Credit Manager
Loan Officer
Portfolio Manager
Compliance Officer
Risk Manager
Treasury Manager
Debt Recovery Officer
Corporate Lawyer
Banking Operations Manager
Chief Financial Officer
Legal Director
Asset Manager
Restructuring Officer
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