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BANKING AND FINANCE/SECURITIES/CAPITAL MARKETS
(A) FINANCING DOCUMENTATION
The total cost of projects for which financing
documents for loans and ECB handled by us is over Rs. Twenty Six
Thousand Crores (about US$ 5.64 billion)
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Drafting and vetting of various agreements for
leading Banks and Financial Institutions as also for leading foreign and
Indian clients- including huge infrastructure projects
(Road/Electricity/Real Estate) - for Public Sector Banks, leading
Private Sector Banks and Foreign Banks relating to credit facilities
granted to Corporate Borrowers for Project Finance, Term Loans, Working
Capital facilities etc. under exclusive, Consortium and Multiple Banking
arrangements.
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Infrastructure and other Project Financing
Agreements; Common Loan Agreement, Term Loan Agreement, Hypothecation
Agreement, Escrow Account Agreement, Escrow Agent Agreement, Security
Trustee, Lenders Agent Agreement, Memorandum of Operating Procedures,
Corporate Guarantees, Lenders Agent Agreement, Memorandum of Operating
Procedures, Power of Attorney, Indenture of Mortgage, Agreement for
Pledge of Shares, Deed of Guarantee; forward trade agreements, currency
agreements, and other SWAPS and derivates agreements based on the ISDA
Master Agreement for due compliance with the FEMA regulation and RBI
Guideline.
Some of the Infrastructure and other Project
Financing documents drafted /vetted by our firm are:
LEGAL ADVICE TO CONCESSION AWARDER – NHAI
| Sl. No. |
Name of the Project |
Relevant Period |
Amount Rs.
(Crores) |
| 1 |
Four Laning of Zirakpur - Parwanoo Section
including Pinjore – Kalka – Parwanoo Bypass of NH-22 from Km 39.860 to
Km 67.000 in the States of Punjab, Haryana and Himachal Pradesh on BOT
Basis under NHDP Phase IIIA. |
Apr-08 |
239.7 |
| 2 |
6/4 laning of Delhi – Haryana Border to
Rohtak Section of NH-10 on BOT Basis under NHDP Pahse III– in the
state of Haryana |
May-08 |
410.27 |
| 3 |
Improvement, Operation and Maintenance
Including Strengthening and Widening of Existing 2-Lane Road to 4-Lane
Dual Carriageway from Km 50.000 – Km 100.000 of NH-6 (Kondhali -
Telegaon Section) in the State of Maharashtra on BOT Basis |
Jun-08 |
245 |
| 4 |
Improvement, Operation and Maintenance
Including Strengthening and Widening of Existing 2-Lane Road to 4-Lane
Dual Carriageway from Km 12.600 – Km 84.700 of NH-3 (Indore-Khalghat
Section ) in the State of Madhya Pradesh on BOT Basis |
Jul-08 |
520 |
| 5 |
Four Laning of Kurali-Kiratpur Section of
NH-21 under NHDP Phase III Km. 28.600 to Km. 73.200 in the State of
Punjab |
Aug-08 |
260 |
| 6 |
Design, Engineering, Finance,
Construction, Operation and Maintenance of End of Durg
Bypass-Chhattisgarh/Maharastra Border section from km 322.400 to km
405.00 of NH 6 in the State of Chhattisgarh under NHDP Phase III |
Dec-08 |
410 |
| 7 |
Design, Engineering, Finance,
Construction, Operation and Maintenance of Surat-Dahisar section from
km 263/000 to km 502/000 of NH 8 in the State of Gujarat and
Maharashtra under NHDP Phase V on Build, Operate and Transfer (BOT)
basis |
Jan-09 |
1956 |
| 8 |
Six Laning of Chennai-Tada section from
Km. 11 to Km. 54.40 of Nh-8 in the State of Tamil Nadu under NHDP
Phase V on BOT (Toll) |
Jan-09 |
611 |
| 9 |
Six Laning of Gurgaon – Kotputli- Jaipur
section of Nh-8 from Km. 42.70 to Km. 273.00 in the State of Haryana
and Rajasthan |
Feb-09 |
1900.19 |
| 10 |
Six Laning of Panipat – Jalandhar Section
of NH-1 (km. 96.000 to Km. 387.100) |
Feb-09 |
3225 |
| 11 |
Six Laning of Chilkaluripet-Vijayawada
section of NH- 5 from Km 355.00 to Km 434.150 (Length- Km 82.50) in
the State of Andhra Pradesh to be executed as BOT (Toll) on DBFO
pattern under NHDP Phase V |
Apr-09 |
587.8 |
| 12 |
Six Laning of Amritsar – Wagah Border
Section of NH-1 (km. 455.400 to Km. 491.620) |
May-09 |
170 |
| 13 |
Design, Engineering, Finance,
Procurement, Construction, Operation and Maintenance of new four lane
Elevated Road from Chennai Port to Maduravoyal (NH- 4) in the State of
Tamil Nadu NHDP Phase VII on BOT (Toll) basis- Legal vetting of draft
Financing Documents. |
Nov-09 |
1610 |
| 14 |
Four laning Gujrat/Maharashtra Border-Surat-Hazira
Port of NH-6 in the State of Gujrat: Legal vetting of draft Financing
Documents. |
Nov-09 |
1814 |
SERVICES RENDERED TO OTHER CLIENTS
|
Sl. No. |
Advice to Commercial Lender |
Type of the Project |
Relevant Period |
Amount Rs.
(in Crores) |
|
1 |
United Bank of India
|
Setting up of two double circuit transmission networks (which include
transmission towers, earth wire, hardware fittings and accessories for
conductor, and insulators) primarily for evacuation of power at 400 kv
voltage level from the power to the substations. |
Apr-09 |
435 |
|
2 |
Oriental Bank of Commerce |
Part finance for design,
construct, own and operate a coal fired 600 MW (comprising two units
of 300 MW each) coal based thermal power projects. |
May-09 |
1517 |
|
3 |
United Bank of India |
Part finance of implementation
of the Project for the development, design and commissioning of a
power plant. |
May-09 |
6150 |
|
4 |
Bank of India, Bank of
Baroda and Punjab National Bank |
Bank of India, Bank of Baroda
& Punjab National Bank Corporate Guarantee for the amount of Euro 47.5
Million. |
Jul-09 |
330 |
|
5 |
State Bank of Mysore and Dena Bank |
Drafting of Finance documents
with respect to Rs. 47 Crores loan granted to M/S. WADHAWAN HOLDINGS
PRIVATE LIMITE. The Assignment included drafting of :
(a) Common Loan Agreement
(b) Trust and Retention Agreement
(c) Deed of Hypothecation
(d) Interse Agreement
(e) Memorandum of Entry
(f) Declaration. |
Jul-09 |
47 |
|
6 |
Bank of Baroda and
Syndicate Bank |
Corporate Guarantee for the
amount of USD 10 Million. |
Nov-09 |
46.47 |
|
7 |
Bank of Baroda |
Corporate Guarantee for the
amount of USD 70 Million by New Delhi Television Limited to its
subsidiary NDTV Networks PLC |
Nov-09 |
325 |
|
8 |
Bank of India |
Corporate Guarantee for the
amount of USD 10 Million. |
Nov-09 |
46.47 |
(B) ISDA MASTER AGREEMENTS
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Vetting / drafting of ISDA Master Agreements for a number of Banks
including HSBC Bank; ICICI Bank; ICICI Securities Ltd; Centurian Bank /
Centurian & Punjab Bank.
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More than ten forward trade agreements, currency agreements, and other
SWAPS and derivates agreements based on the ISDA Master Agreement for
Centurion Bank/ Centurian & Punjab Bank.
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Retail Portfolio sale: Bank of NovaScotia: Drafting documents and
assistance in negotiating sale of retail portfolio.
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Restructurng Loan / Security Documents: for all loans granted by a
nationalized bank, to bring them in compliance with recent legislative
developments.
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Drafted agreement on “Management of LOYALTY REWARDS PROGRAM” and Service
Level Agreement, for their Debit Card customers, for State Bank of India.
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Legal opinion on Application of IndusInd Bank for Mastercard Membership of
MasterCard Worldwide –approval for acquiring MasterCard transactions over
ATMs and for issuing Visa Electron Debit Cards at a total cost of Rs. 149
lacs, with reference to Master Circular containing instructions /
guidelines issued by RBI to Banks on para-banking activities including
Smart / Debit Card Business and The Banking Regulation Act, 1949
(C) BONDS / DEBT ISSUES
-
Private Placement of Innovative Perpetual Debt Issue (Series I) of Rs. 244
crs. having regard to SEBI Guidelines; Vetting of Disclosure Document for
Private Placement of unsecured Non-Convertible Subordinated Perpetual
Bonds in the nature of Promissory Notes (Series-II) of Rs.10 lakh each for
cash at par aggregating to Rs.150 Crores with unspecified green shoe
option-legal adviser for Syndicate Bank
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NHAI: Vetting the Memorandum of Private of Non-Convertible Redeemable
Taxable Bonds (with benefits under section 54EC of Income Tax Act, 1961
for Long Term Capital Gains)
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India Infrastructure Finance Company Limited (IIFCL): opinion on various
queries raised on Privately Placed Bonds to be issued by Public Limited
Company with Green Shoe Option.
(D) LETTERS OF COMFORT
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Drafting/Vetting: Various foreign and Indian clients including M/s Randack
Automotive GmBH, Germany: in respect of Credit Facility up to Rs. 21
Million, Bank Guarantee facility of Rs. 2.5 Million and term loan of Rs.
22.5 million sanctioned to M/s Randack Fasteners India Pvt. Ltd
(subsidiary) by Syndicate Bank; Ministry of Civil Aviation through
National Aviation Company of India Limited (NACIL) on “the exposure of
Government in giving the letter of Comfort to support NACIL in its working
capital requirements.”
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Drafting / vetting of Financing Documents on behalf of a large number of
leading Commercial Banks.
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We have drafted Borrowing and Security documents for Public Sector Banks
leading Private Sector Banks and Foreign Banks relating to credit
facilities granted to Corporate Borrowers for Project Finance, Term Loans,
Working Capital facilities etc. under exclusive, Consortium and Multiple
Banking arrangements.
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