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Banking & Finance

Rupee and Foreign Currency Debt

What this covers

Structuring and drafting for term loans, working capital facilities and syndicated credit — facility agreements, inter-creditor arrangements, hypothecation and mortgage documents, guarantees and pledges. On the lender side we run legal due diligence on the borrower and the security package; on the borrower side we negotiate conditions precedent, covenant packages and events of default the business can actually live with.

How the Work Is Sequenced

The stages Banking & Finance cases move through. Timelines depend on the case.

  1. Term sheet review

    We read the commercial terms against the regulatory perimeter before drafting starts — eligibility, end-use, pricing caps and security feasibility. Far cheaper to resolve here than at signing.

  2. Due diligence

    Corporate authority, title and encumbrance searches, the existing charge position, and consents required from prior lenders. Deliverable is a due diligence report with a risk register.

  3. Documentation

    Facility and security documents, with stamp duty and registration mapped for each state in which an asset sits. Turnaround depends on the number of security providers, not the loan size.

  4. Conditions precedent and disbursement

    CP checklist management, legal opinions where required, and confirmation of perfection steps — filings with the Registrar of Companies and CERSAI, and sub-registrar registration where relevant.

  5. Post-closing and ongoing

    Covenant monitoring support, waivers and amendments, annual compliance filings, and — if the credit deteriorates — early advice on restructuring or enforcement options.

Where It Is Heard

The courts, tribunals and regulators this work comes before.

  • Reserve Bank of India
  • Securities and Exchange Board of India
  • National Company Law Tribunal — Hyderabad, Amaravati and Bengaluru benches
  • National Company Law Appellate Tribunal
  • Debts Recovery Tribunals and the Debts Recovery Appellate Tribunal
  • High Court of Telangana; High Court of Andhra Pradesh; High Court of Karnataka
  • Central Registry of Securitisation Asset Reconstruction and Security Interest (CERSAI)

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