Service Overview
Spiritus Legal, Advocates and Legal Consultants, has a robust and diverse Banking & Finance practice with separate verticals in project finance, corporate finance and structured finance. We have advised borrowers, lenders, and security providers and have a deep understanding of legal and commercial issues that may possibly arise in the life of a lending transaction. Our ability to comprehend and foresee any legal and commercial risks that may arise in a transaction is facilitated by our in-depth legal knowledge of the implementation of numerous statutes and our familiarity with worldwide best practises. This, together with our ongoing efforts to restructure, brainstorm, and innovate, enables us to provide practical answers to all parties involved in a transaction.
Our Banking & Finance team has extensive experience in the areas of rupee financing, external commercial borrowings (ECB), overseas direct investments (ODI), acquisition financing, project financing and ancillary security documentation. Additionally, our lawyers have provided advice on a wide range of securitization and asset reconstruction transactions and represented some of the pioneering asset reconstruction companies in India.
Our client base includes large public sector and private sector banks and their consortia, global banks, funds and investment houses, asset reconstruction companies as well as domestic and foreign commercial enterprises.
Service Highlights
Advisory & Litigation support on IBC issues
We are well-positioned to assist our clients with even the most complicated restructurings due to our multidisciplinary approach and core insolvency team, which includes professionals from the litigation, tax, banking, corporate, and regulatory backgrounds. Our clients comprise of operating creditors, banks and other financial investors, along with steering committees, insolvency practitioners, and their directors and/or executives. The team’s expertise in distressed M&A activity, open offers, debt restructuring, recoveries, equity capital raising, and related consulting work has assisted clients in navigating the complexities and obstacles associated with the Insolvency and Bankruptcy Code (IBC). Our work covers Pre IBC related initiation (Review & Analysis); IBC Initiation (Application Process); Insolvency Process (Corporate Insolvency Resolution Process); Implementation of the resolution plan and General Advisory, structuring, documentation and corporate work.
Rupee and Foreign Currency Debt
Drafting transaction documents for finance transactions, drafting transaction documentation for financial transactions, such as corporate financing, asset financing, acquisition financing, and project financing. Drafting, negotiating, and finalising the relevant loan agreements, security documents, contractual comfort documents, conditions compliance, and ancillary documentation are all part of this process (for example escrow agreements, trust and retention account agreements, inter-creditor agreements etc.). We also offer a review and due diligence of project documents from the viewpoint of lenders.Drafting transaction documents for finance transactions, drafting transaction documentation for financial transactions, such as corporate financing, asset financing, acquisition financing, and project financing. Drafting, negotiating, and finalising the relevant loan agreements, security documents, contractual comfort documents, conditions compliance, and ancillary documentation are all part of this process (for example escrow agreements, trust and retention account agreements, inter-creditor agreements etc.). We also offer a review and due diligence of project documents from the viewpoint of lenders.
Corporate Debt
Structuring and documentation including review of private placement memorandum, diligence and assistance in placement with relevant stock exchanges.
Restructuring
Assistance on transaction documents and advice on restructuring transactions, including securitisation structures. This would also include review of existing debt documents and recommending solutions on issues being faced by clients.
Regulatory
Providing regulatory advice in relation to issues under the Foreign Exchange Management Act, 1999 and its ancillary regulations.