Encumbrance on equity enabling investee debt: allows certain AIFs to encumber equity to facilitate infrastructure project borrowing. Category I and Category II AIFs may encumber equity holdings in investee companies only to facilitate borrowing by those investee companies for development, operation or management of infrastructure projects listed in the Harmonised Master List. Permission is conditional on explicit PPM disclosure for new schemes, continuity rules tied to prior disclosure and investor consent, restrictions that borrowings be used solely for the stated infrastructure purposes, encumbrance duration not exceeding scheme residual tenure, prohibition on encumbering foreign investees, exclusion of guarantees, compliance with foreign investment norms where applicable, and adherence to implementation and compliance reporting standards.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Encumbrance on equity enabling investee debt: allows certain AIFs to encumber equity to facilitate infrastructure project borrowing.
Category I and Category II AIFs may encumber equity holdings in investee companies only to facilitate borrowing by those investee companies for development, operation or management of infrastructure projects listed in the Harmonised Master List. Permission is conditional on explicit PPM disclosure for new schemes, continuity rules tied to prior disclosure and investor consent, restrictions that borrowings be used solely for the stated infrastructure purposes, encumbrance duration not exceeding scheme residual tenure, prohibition on encumbering foreign investees, exclusion of guarantees, compliance with foreign investment norms where applicable, and adherence to implementation and compliance reporting standards.
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