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Nand Gopal Anand

Nand Gopal Anand, Partner, JSA

ABOUT

Nand is a Partner in the Gurugram office of the firm. He specialises in Banking & Finance, with specific focus on general lending, external commercial borrowings, overseas direct investments, project finance, trade finance, shipping finance and real estate finance related transactions. He also advises banks, financial institutions and corporates on debt restructuring.

He has gained extensive experience in handling financing transactions involving financial institutions, multi-lateral agencies, governmental agencies, public sector enterprises and companies – both Indian and foreign. He has provided tailored solutions across national borders and is uniquely positioned to support the banking and cross-border financing requirements of clients across the full spectrum of financing transactions. He regularly advises banks, financial institutions, sponsors and corporates in structuring, negotiation and documentation of various financing transactions, including advising on credit facility agreements, security documentation, inter-creditor arrangements, escrow / TRA arrangements, cross border acquisitions and advisory related work. He has also advised banks and other financial institutions in relation to their compliances under various directions issued by the regulator.

He works closely with corporates and banks in their project finance transactions across various sectors such as power (wind, solar, hydro and thermal), transmission, automobile, natural resources (oil & gas), metro rail, road, etc. He also advises clients on their project’s legal due diligence, including reviewing of power purchase agreements, concession agreements, operation and maintenance agreements.

In addition, he also has a significant experience in financial regulatory matters and has played a pivotal role in advising banks, financial institutions and corporates in structuring and strategizing on various foreign exchange regulations and other banking related issues.

Nand has been practicing law since 2006. Before joining JSA, has worked with Juris Corp and Khaitan & Co, two other law firms for banking and finance in India.

Nand has been recognised in banking & finance and project finance by various international publications, including IFLR1000, Legal 500 etc.

In the IFLR1000 2020 Ranking, clients have appreciated Nand for “Good relationship management, a nice presentation of legal points and prompt feedback”.

 

Memberships

Bar Council of Maharashtra & Goa

 

Publications

  • International Bar Association – Transitioning from LIBOR – the road ahead for the Indian banking sector (Available here)
  • VCCircle – How investors, authorities can check greenwashing and boost green financing (Available here)
  • International Bar Association – Regulating Cryptocurrency in India (Available here)
  • Law Street India – Refinancing Amid COVID-19 Crisis – A Silver Lining! (Available here)

 

Education

B.S.L. LL.B., ILS Law College, Pune (2006)

 

Languages

  • English
  • Hindi

EXPERIENCE

  • Advised DBS Bank India Limited in relation to a term loan facility extended to a group entity of CapitaLand India, for construction and development of phase 1 of the green-certified International Tech Park in Chennai. This is also the first ever green loans issued by any Singapore based lender in India.
  • Advised Standard Chartered Investments and Loans (India) Limited in relation to a term loan facility extended for acquisition of a Delhi based publishing house.
  • Advised various foreign banks and other finance parties in relation to one of the first cross border financing availed by Kia Motors India Private Limited, for setting up its manufacturing plant in India.
  • Advised Power Finance Corporation Limited in relation to issuance of its tax-free bonds in India for the year 2015.
  • Advised DBS Bank India Limited, in relation to credit facilities extended to Fortis Hospital group entities for ramping up and renovation of their hospitals and existing medical facilities.
  • Advised HDFC Bank Limited in relation to a foreign currency term loan facility extended to Noida Power Company Limited for meeting its capital expenditure requirements in the Greater Noida distribution area.
  • Advised Roha Dye Chem Private Limited in relation to a term loan facility availed for setting up of a manufacturing facility of synthetic colours and industrial pigments in Dahej SEZ, Gujarat.
  • Advised Arab Banking CorporationS.C., Commercial Bank of Dubai PSC, Commercial Bank International PSC and Emirates NBD Bank PJSC in relation to credit facilities extended to Jindal Saw Middle East FZC. The facilities were credit enhanced by way of a guarantee issued by Jindal Saw Limited.
  • Advised a consortium of Indian banks in relation to a term loan facility extended to J. Kumar Infraprojects Limited, for construction underground sections including four underground stations at Dharavi, BKC, Vidhyanagari and Santacruz in Mumbai, for the Mumbai Metro Project – Phase 3.
  • Advised Indian Oil LNG Private Limited in relation to a term loan facility, extended by a consortium of six banks lead by State Bank of India. The said loan had been availed for the purpose of financing the costs of setting up of a new liquefied natural gas (LNG) receiving terminal located at Kamarajar port, Ennore, Tamil Nadu. The terminal is the first of its kind in the east coast.
  • Advised a consortium of Indian banks led by Bank of Baroda in relation to a term loan facility extended to RCCPL Private Limited, for setting up a greenfield 2.68 MTPA Clinker Plant, 3.88 MTPA Cement Manufacturing Plant and a 51 MW Waste Heat Recovery System and Power Plant at Mukutban, Maharashtra.
  • Advised State Bank of India and IDFC Bank Limited in relation to a term loan facility, extended to JSW Energy Limited, in connection with its 1200 MW power project and two Transmission Line Projects for a total cost of INR 5.8 billion, in the State of Maharashtra.
  • Advised Axis Bank Limited, DIFC branch in relation to their funding to Shapoorji Pallonji Forbes Shipping Limited, for acquisition of a 2006 Japanese built chemical container named “FSL Tokyo” from Singapore based FSL Trust.
  • Advised Bank of Baroda in relation to their funding to Indiabulls Group, against the lease rental discounting of Indiabulls Finance Centre and One Indiabulls Centre.
  • Advised YES Bank Limited in relation to financing the construction and development of a township project in Mumbai – ‘Runwal Forest’ at Thane.
  • Advised Standard Chartered Bank in relation a term loan facility extended to a Bengaluru based real estate developer, M/s Mohan Enterprises, utilised towards construction and development of ongoing projects of its group. The repayment of the facility was backed by lease rental discounting.
  • Advised Citibank N.A. in relation to a term loan facility extended to Trafigura Pte Ltd., for the purpose of making advance payments to Vedanta Limited under an advance payment and supply arrangement in relation to supply of aluminum under a commercial contract.
  • Advised Citibank N.A. in relation to acquisition of receivables of an Indian IT giant, owed form its customers in multiple countries, including Australia, New Zealand, Canada, Sweden, United States of America, etc.
  • Advised ING-DiBa AG in relation to a term loan facility extended to SREI Equipment Finance Limited and credit enhanced by SACE S.p.A.
  • Advised Abu Dhabi Commercial Bank PJSC in relation to assignment of their loan exposure extended to Altico Capital India Limited, to Asset Construction and Reconstruction Enterprises Ltd.
  • Advised L&T Infrastructure Finance Company Limited in relation to a term loan facility extended by Asian Infrastructure Investment Bank, to be utilised towards on-lending purposes.
  • Assisted the Bank of Bahrain and Kuwait B.S.C in relation to standardization of its suite of financing and security documents, including term loan agreement, working capital loan agreement, deed of hypothecation, mortgage deed, pledge agreement (for shares, warehouse receipts & mutual fund units), corporate guarantee and personal guarantee.
  • Advised Abu Dhabi Commercial Bank PJSC in winding down their Indian operations and provided end to end advise in their exit strategy from India. The work entailed rendering legal advice on matters pertaining to banking laws, labour laws, property laws, general contact laws and assisting them in their dealings with RBI and other statutory authorities.
  • Advised a foreign branch of one of India’s largest public sector bank, on documentation and practical aspects of transition from IBORs to alternative reference rates.
  • Advised a foreign bank on their queries in relation to the RBI (Prudential Framework for Resolution of Stressed Assets) Regulations 2019, issued by RBI on 7th June 2019. The queries involved complex questions on the impact of the said regulations on foreign banks and the strategies that can be adopted by foreign banks for addressing stressed loan accounts.
  • Advised Standard Chartered Bank in relation to trading activities, export-import, sale and storage of commodities, structured warehouse financing and foreign exchange restrictions.

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