Personal Loan Application Form
Personal Loan Application Form
Personal Loan Application Form
PERSONAL DETAILS
Salutation: MR.
CONTACT DETAILS
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OCCUPATION DETAILS
Communication
Jagamara Krishna garden annex null null
Address:
Others
LOAN DETAILS
Product Category: Dhani Personal Loan Dhani Car Loan Dhani Two Wheeler Dhani Travel Loan
EMI Amount:: EMI Amount to be assessed at the time of disbursement of the Loan
The Tenure of the Loan shall be linked to the disbursement of the Loan or any
part thereof which shall be 1 month or 3 months or 6 months or 9 months or 12
Tenure (Months):
months or 24 months from the Date of Disbursement of the Loan or any part
thereof,whichever is earlier, under the MTC.
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DECLARATION
I declare that I am resident Indian and that all the particulars and information given in the application form are true, current and complete and that they shall form the
basis of any loan Indiabulls Consumer Finance Limited (formerly IVL Finance Limited) (IBCFL) may decide to grant to me. I am more than 18 years of age and
competent to enter into a binding contract as per the Indian Contract Act, 1872. I confirm that I have not been declared insolvent and/or barred by any law from entering
into a contract including to avail the services offered by IBCFL through its mobile application or otherwise. I further agree that I have read and understood the terms and
conditions enumerated in this form below in relation to the loan facility to be availed/proposed to be availed by me (“Loan”) and have fully understood the implications
arising therefrom. I undertake not to dispute the contents of this application form/ MTC/ancillary documents under any circumstances. I further agree that in the event
IBCFL requires me to endorse my physical signatures on the MTC/ancillary documents, I undertake to provide the same. By clicking on the “I Accept” button herein, I
agree to be bound by the terms and conditions of the MTC/ancillary documents in relation to the Loan and I acknowledge that the same constitutes valid acceptance by
me as per laws as if I have signed/endorsed each page of the MTC/ancillary documents. .I undertake that I have read and understood the terms and conditions of the loan
agreement available on the website of IBCFL. I undertake to inform IBCFL regarding any change in my above mentioned details and to provide any further information
that they may require. I further agree that my Loan should be governed by the rules of IBCFL which may be in force from time to time. IBCFL reserves the right to
reject the loan application. I acknowledge and give consent that IBCFL may obtain/ disclose/share any/ all information pertaining to me from/ with any third parties as
per their privacy policy including for verifying my personal details. I agree that IBCFL and/or its Affiliates or their contractors may hold and process my personal
Information and all other information concerning my account(s) on computer or otherwise for analysis, credit scoring and marketing. I further agree that IBCFL may
disclose, in strict confidence, to other institutions, personal Information concerning me as may be reasonably necessary for reasons inclusive of but not limited to
participation in any telecommunication or electronic clearing network, for compliance with a legal directive or for fraud prevention purposes. For any information so
obtained / disclosed/ shared, I agree and confirm that I will not hold IBCFL responsible for the use of such information. I agree that I will not utilize the money(ies)
received under the loan agreement(s) for any purpose which are prohibited under any law for the time being in force including but not limited to investment(s) in capital
market(s) and speculative purposes. This application form along with the supporting documents shall be the property of IBCFL.
2. Indiabulls Consumer Finance Limited (formerly IVL Finance Limited) offers personal loan under fixed interest rate arrangement, calculated on monthly
reducing balance.
3. Prepayment / Foreclosure charges are levied / calculated on the balance principal outstanding of the loan (if applicable). Refer website for charges and fees for
various purposes as notified and applicable from time to time.
4.
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4. For detailed terms and conditions and to know more, please contact our customer care on 1860 419 3333 or write to us on [email protected].
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SANCTION LETTER AND MOST IMPORTANT TERMS AND CONDITIONS
By INDIABULLS CONSUMER FINANCE LIMITED (“IBCFL”)
Branch Office: Date:19/02/2020
We thank you for your application. Based on your request for loan of an amount of INR 20000.00 ( “Loan”) through your application dated 19/02/2020 , we are pleased to
inform you that your Loan is sanctioned in-principle as per the terms and subject to conditions of this Sanction Letter and Most Important Terms and Conditions (“Sanction
Letter”), Master Terms and Conditions (“MTC”) and other incidental documents that will be executed/issued in relation to the Loan, together forming part of the Loan
Documents (as more particularly referred to herein below) –
Name :
Constitution :
Age :
Details of Co-Applicant
Father's name :
Address :
Permanent Address :
Name :
Constitution :
Age :
Details of Guarantor(s)
Father's name :
Address :
Permanent Address :
20000.00
Loan amount sanctioned (Rs.)
Rupees Twenty Thousand and Paise Zero Only
The Tenure of the Loan shall be linked to the disbursement of the Loan or any part thereof which shall be 1 month or 3
Loan Tenure (Months) months or 6 months or 9 months or 12 months or 24 months from the Date of Disbursement of the Loan or any part thereof,
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whichever is earlier, under the MTC
EMI Ammount (Rs) EMI Amount to be assessed at the time of disbursement of the Loan
Disbursement The Loan can be disbursed in single or multiple tranches throughout the Tenure, subject to the discretion of IBCFL.
In the event of default in payment/ repayment /prepayment of the Loan or any part thereof or upon occurrence of any
other default/ Event of Default, default interest shall be payable at the rate of 3% (“Default Interest”) on the
Default Interest defaulted amount in case of any payment default and the entire outstanding Loan amount in case of any other default/
Event of Default, for the period commencing from the date of such default until the same is cured/ rectified to the
satisfaction of IBCFL.
12% (Twelve percent) of the Loan disbursed or any part thereof shall be charged upfront as non- refundable processing fees
Processing Fee (Non-Refundable)
plus.(Inclusive of Service Tax / GST whichever is applicable).
In case any prepayment/foreclosure of the Loan or any part thereof is made by the Borrower(s) at any time.
(a) during the initial 12months of the Tenure of the Loan, then the Borrower(s) shall be liable to forthwith pay to the Lender a
prepayment / foreclosure charge /penalty of 5% ( five percent) of the amount prepaid/foreclosed plus applicable taxes; and
Foreclosure / pre-payment charges
(b) after the completion of the initial 12 months of the Tenure of the Loan, then the Borrower(s) shall be liable to forthwith
pay to the Lender a prepayment / foreclosure charge /penalty of 3% (three percent) of the amount prepaid/foreclosed plus
applicable taxes
Default Such Events of Default as laid down under the MTC including non-compliance of this Sanction Letter.
1. MTC
Loan Documents 2. This Sanction Letter
3. Any other document as IBCFL may require or designate as Loan Documents including all authorizations and resolutions.
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Obligor(s) Fax:
Email Address : [email protected]
Attention of :
All the applicable taxes, duties and levies would be additionally charged as per law.
Please sign this letter as token of your acceptance of the terms and conditions mentioned above and overleaf.
Yours sincerely,
,
Authorized signatory
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MOST IMPORTANT TERMS AND CONDITIONS
The Most Important Terms and Conditions mentioned herein below are an indicative list of terms and conditions of IBCFL’s personal loan product. These terms and
conditions are further described in the MTC under relevant sections / schedules and therefore, should be read in conjunction with those mentioned in the MTC. For an
exhaustive list of terms and conditions of our personal loan product, please refer to the MTC available on mobile application or website or sent to you by IBCFL on your
registered email id.
1. The sanction of the Loan and its terms and conditions are subject to execution of the MTC and other documents and writings with IBCFL. The terms and
conditions of the MTC and/or other documents will prevail upon this Sanction Letter in case of any contradiction/conflict/difference. Further, the sanction of the
Loan, its tenure and terms and conditions are subject to IBCFL’s internal review and evaluation and any disbursement of the Loan, its tenure and terms and
conditions shall be subject to such sanction being approved from IBCFL. The Borrower(s) can access their Loan account details by logging into the Dhani
Platform. The copy of statement of account can also be obtained on request from [email protected].
2. IBCFL shall be entitled to revoke the sanction and to add, to delete or modify all or any of the terms and conditions of the Loan, inter alia, if there is any material
change in the purpose(s) of Loan, if any information and/or statement given by Borrower(s) is found incorrect, incomplete or misleading, if there is breach of the
terms and conditions of the MTC, if any report/document is not found satisfactory, if the Borrower(s) does not submit duly accepted copy of this Sanction Letter
to IBCFL within stipulated period, etc. IBCFL decision in respect of material changes shall be final and binding on the Borrower(s).
3. Loan availed by the Borrower(s) from IBCFL shall be used for the purpose stated in the MTC and shall not be used for speculative and/or capital market use
and/or investments into any IBCFL products and/or business end use purpose or prohibited/ antisocial purposes and/or purchase of gold/gold bullions/gold
coins/gold jewelry/gold exchange traded funds/gold mutual funds. In the event that the Loan availed by the Borrower(s) from IBCFL has been used for purposes
as prohibited above or as mentioned in the MTC, IBCFL shall be entitled to do all acts and things that IBCFL may deem necessary to comply with its policies,
including but not limited to liquidating Borrower(s)’ holdings of investments at that time. Further, the Borrower(s) shall bear all costs and expenses that IBCFL
may incur as a result thereof.
4. This Sanction Letter shall inter alia stand revoked/cancelled forthwith and shall be rendered absolutely null and void, if :
a. any statement made or documents submitted along with the Loan application is found to be incorrect or false;
b. unconditional and absolute acceptance of this Sanction Letter has not been received by IBCFL within 3 (three) days from the date of this Sanction Letter;
c.
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4.
c. IBCFL may decide, in its sole discretion, to revoke / cancel / recall this Sanction Letter.
5. Unless otherwise specified by IBCFL from time to time, (a) interest shall accrue from the date of disbursement of the Loan; (b) interest shall be computed on the
basis of a year of three hundred and sixty (360) days and the actual number of days elapsed; (c) interest shall be computed on monthly rests or on such periodic
rests as may be decided by IBCFL from time to time; and (d) in case of any payment default on the Due Date(s), interest shall be compounded every month on the
overdue amount. Notwithstanding anything to the contrary herein, IBCFL shall be entitled to debit the entire interest payable on the Loan from the amount
disbursed by IBCFL, as up-front interest.
6. Processing fee and other charges: The processing fee and / or other charges shall be deducted upfront by IBCFL from the proceeds of the disbursement. The
processing fee and / or other charges are non-refundable even if the Loan and the disbursement thereof are cancelled.
7. Default Interest: If the Borrower(s) fails to pay any amount payable by it to IBCFL under the Loan Documents, the Borrower(s) shall also be liable for payment
of default interest (on the gross defaulted amounts in case of payment defaults and/or on the outstanding personal loan facility in case of other defaults/Event of
Default (“Default Interest”) at a default interest rate mentioned above (“Default Interest Rate”) or at such other rate as may be specified in the policy of
IBCFL from time to time and such Default Interest shall be payable for the period of default.
8. Repayment: The Loan will be repayable in the manner as set out in this Sanction Letter. The Payment/Repayment Schedule shall be prepared/ altered/ modified
basis the amount actually disbursed by IBCFL, from time to time. In case of delayed payment, Default Interest for the delayed period will be charged at rates as
specified herein.
9. The prepayment fees and charges shall be applicable as per the terms of the MTC and the mutually agreed prepayment charges, more particularly mentioned in
this Sanction Letter.
10. Security: The Borrower(s) will bear all the charges payable for the creation of said Security (if any) and shall take all the steps required for the perfection thereof.
11. The terms and conditions of this Sanction Letter are subject to change as per Reserve Bank of India (RBI)/ IBCFL’s policies as applicable, from time to time.
12. On and at any time after the occurrence of an Event of Default, IBCFL may, with or without any notice to any of the Borrower(s) and with or without the
intervention of the court/arbitrator, cancel/recall the Loan whereupon the Borrower’s Dues shall become immediately repayable/payable.
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13. IBCFL is authorized to disclose, from time to time, any information relating to the Loan to any credit bureau (existing or future) approved by Government of
India and RBI without any notice to the Borrower(s). IBCFL is also authorized to make inquiries with the CIC (Credit Information Companies) and get the
applicant’s Credit Information Report.
14. Recovery of Overdues / Bad debts: It is duty of the Borrower(s) to repay Loan with applicable interest along with all dues/charges/fees levied as per agreed
terms of the MTC. However, in the event of default in re-payment of any of the above, IBCFL reserves the right to recover overdues by resorting to legal and
permissible means.
15. Notwithstanding the issuance of this Sanction Letter and the acceptance thereof, IBCFL may, in its sole discretion, decide not to disburse the Loan, repudiate and
rescind this Sanction Letter unilaterally without being required to give you any prior notice and without assigning any reasons whatsoever.
16. The Borrower(s) shall pay and bear the incidence / burden of stamp duties, legislation fees or other taxes/levies, including but not limited to, the applicable GST
on the processing fee, in respect of the Loan and/or in respect of the documents evidencing/concerning the Loan and/or any penalty that may be imposed, shall be
borne and paid by you without claiming any set-off, counter claim, damages, etc.
17. All capitalized terms used herein will have the same meaning ascribed to it under the MTC.
18. For any query/complaint, please contact at Customer Care Desk at Branches or call customer Care on 1860 419 3333 or write to customer care at
[email protected]. IBCFL facilitates resolution of customer’s grievances free of cost.
19. After the passing of a reasonable period of 1 (one) month, if the Borrower(s) feels his grievance is still not resolved, the Borrower(s) may escalate his complaints
to the following higher authority: The General Manager, Reserve Bank of India, Dept. of Nonbanking Supervision, 6, Sansad Marg, New Delhi - 110001. Email:
[email protected]
Customer Signature
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MASTER TERMS AND CONDITIONS
These Master Terms and Conditions (“MTC”) shall govern the general terms and conditions applicable to the Loan (defined below) to be provided to Borrower(s) (defined below)
by Indiabulls Consumer Finance Limited (formerly known as IVL Finance Limited), a company as defined in the Companies Act, 2013, with its registered office situated at M –
62 and 63, First Floor, Connaught Place, New Delhi – 110 001 and Corporate Office situated at Indiabulls House, 448-451, Udyog Vihar, Phase 5, Gurgaon, Haryana – 122016,
having Corporate Identity Number: U74899DL1994PLC062407 (hereinafter referred to as the “Lender”, which expression shall, unless repugnant to the subject, context or
meaning thereof, be deemed to include its executors, successors and assigns).
WHEREAS: (a) the Borrower(s) have requested the Lender for granting the Loan (hereinafter defined) to the Borrower(s); (b) after considering the request of the Borrower(s), the
Lender has agreed to grant the Loan to the Borrower(s) subject to the terms and conditions contained in the Loan Documents (hereinafter defined). The Borrower(s) agrees to this
MTC by click wrap method and the same shall be construed as an express and explicit consent under the existing laws of India, valid, binding and enforceable in accordance with
all applicable laws.
In these MTC, the following words and expressions, unless repugnant to the meaning or context thereof, shall have the following meanings:
a. “Borrower(s)” means the individual (including his/her legal representatives, administrators, executors and heirs, and shall be construed so as to include his/her
permitted assigns and permitted transferees), who have verified and accepted the loan offer before acceptance of this MTC. The terms and conditions of this MTC
shall apply to the Loan (defined below) offer accepted by the Borrower(s) on Dhani Platform (defined below).
b. “Borrower’s Dues” means the outstanding principal amount of the Loan and other amounts payable by the Obligor(s) to the Lender as per the Loan Documents,
including any interest, Default Interest, fees, costs, charges, expenses and other sums whatsoever payable by the Obligor(s) to the Lender.
c. (c)“Current Month EMI” means the actual number of days commencing from the Date of Disbursement of the Loan amount till one day prior to the
commencement of the cycle period opted by the Borrower(s).
d. “Date of Disbursement” means the actual/deemed date of disbursement of the Loan, in whole or in part, or the date(s) on which cheque(s) or ECS for the Loan, in
whole or in part, is/are issued by the Lender, whichever is earlier.
e. “Dhani Platform” shall mean a mobile application developed and maintained by the Lender.
f.
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f. “Due Date(s)” means such date(s) on which (a) any amount including principal, interest and/or other charges in respect of the Loan is due and/or payable by the
Obligor(s) to the Lender in terms of the Loan Documents; and/or (b) performance of any other obligation(s) is required to be complied with by the Obligor(s) under
the Loan Documents.
g. “Event of Default” means any event(s) or circumstance(s) specified as such in this MTC and/or any other event(s) or circumstance(s) referred to/defined as an
Event of Default under any of the Loan Documents.
h. “Guarantor(s)” means the entity(ies)/company(ies)/person(s), if any, named in the Sanction Letter as the Guarantor(s) and/or such other person(s) who/which have
agreed/will agree to execute guarantee deed(s) (in the form and substance satisfactory to the Lender) in favour of the Lender for guaranteeing the fulfillment of all
obligations of the Obligor(s) under the Loan Documents including payment of the Borrower’s Dues to the Lender.
i. “Loan” means the loan amount sanctioned to the Borrower(s) (including top-up loan, if any) and as displayed on Dhani Platform, which will be or has been made
available, to the extent the same is not cancelled, reduced or transferred by the Lender as per the terms of Loan Documents.
j. “Loan Documents” means (i) this MTC, (ii) the Security Documents, if any, and/or (iii) all other agreement(s), application(s), form(s),undertaking(s), document(s),
letter(s), deed(s), memorandum(s), declaration(s) and/or power of attorney(s) evidencing, securing, governing or otherwise pertaining/relating to the
Loan/Borrower’s Dues and includes any amendatory, modificatory or supplemental agreement thereto.
k. “Material Adverse Effect” means a material adverse effect, in the opinion of the Lender, on or affecting (a) the business, operations, property or condition
(financial or otherwise) of the Obligor(s); or (b) the ability of the Obligor(s) to perform its/their obligations under the Loan Documents; or (c) the validity or
enforceability of the Loan Documents or the rights or remedies of the Lender under the Loan Documents.
l. “Obligor(s)” means the Borrower(s), the Guarantor(s) and/or any other person(s) providing any Security in favour of the Lender under the Loan Documents and/or
who is or becomes a party (other than the Lender) to any Loan Documents.
n. “Relevant Entities” shall mean and include (a) the promoter(s) of the Lender, (b) the promoter(s) of the holding company of the Lender, (c) the other
entities/companies in which any such promoter(s) is/are also the promoter(s) and/or (d) any of the respective affiliates/ subsidiaries/ holding company/
associate/group companies/entities, present or future, of the Lender and/or the entities/companies/persons mentioned in (a), (b) and/or (c) above.
o.
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o. “Sanction Letter” shall mean the sanction letter issued by the Lender containing the relevant commercial terms and conditions applicable to the Loan.
p. “Security”, if any, means the asset(s) of the Obligor(s) on which a mortgage, charge, lien and/or other security interest is created and/or is to be created in favour of
the Lender for securing the fulfillment of all the obligation(s) of the Obligor(s) (including payment of the Borrower’s Dues to the Lender) under the Loan
Documents and shall include any guarantee.
q. “Security Documents”, shall include guarantee deed(s), demand promissory note, letter of continuity, any other document(s)/ declaration(s)/ memorandum(s)
/undertaking(s)/ power of attorney in relation to the Security, if any and/or any document(s) designated as such by the Lender.
Unless a contrary indication appears, any reference in this MTC to: (a) “Loan Documents” or any other agreement or instrument is a reference to that document or other
agreement or instrument as amended, supplemented or novated, from time to time including such other document(s), which is made a part of this MTC by reference. (b)
Section, Clause and Schedule headings are for ease of reference only. (c) A term used in any other Loan Documents or in any notice given under or in connection with any
of the Loan Documents has the same meaning in that document or notice as is ascribed to such expression in this MTC, unless defined therein. (d) The expression the
Borrower(s), the Guarantor(s), or the Obligor(s) unless repugnant to the meaning and context shall include: (i) in the case of a company/society/body corporate, its
successors and permitted assigns; (ii) in the case of a partnership firm, any or each of the partners and survivor(s) of them and the partners from time to time and their
respective heirs, legal representatives, executors, administrators, permitted assigns and successors of the firm; (iii) in the case of a proprietary concern, the proprietor (both
in his/her personal capacity and as proprietor of the concern) and his/her heirs, legal representatives, executors, administrators, permitted assigns and successors of the
concern; (iv) in the case of a Hindu undivided family ( “HUF”), the karta of the HUF and any or each of the adult members/ coparceners of the HUF and the survivor(s) of
them and their respective heirs, legal representatives, executors, administrators, permitted assigns and successors; (v) in the case of an individual, his/her heirs, legal
representatives, executors, administrators and permitted assigns; (vi) in the case of a trust, the trustee(s) for the time being, its successors and permitted assigns. (e) any
gender shall include all genders or the neuter, and the neuter shall include all genders. (f) the singular number shall include the plural, and the plural number shall include
the singular.
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Documents, the Tenure of the Loan (or part thereof) shall be as communicated to the Borrower(s) on Dhani Platform and/or mentioned on the Sanction Letter. The
Obligor(s) shall be jointly and severally liable to pay the Borrower’s Dues to the Lender. To secure, to the satisfaction of the Lender, the fulfillment of all the obligations of
the Obligor(s) under the Loan Documents including payment of the Borrower’s Dues, the Borrower(s) hereby undertake to create, and/or shall cause the Obligor(s) to create
such Security in favour of the Lender as requested by the Lender, from time to time (including those mentioned hereunder). The Borrower(s) shall, and/or shall cause the
Obligor(s) to, (a) forthwith execute and register, if required, appropriate Security Documents and other agreements/deeds relating thereto (in a format acceptable to the
Lender) and file necessary disclosures, forms and documents and/or register the charge/encumbrance created in favour of the Lender with the concerned registrar of
companies/appropriate authorities/stock exchanges, if required under any law, within thirty (30) days from the date of creation of such Security or within the prescribed
time frame, whichever is earlier and forthwith furnish the certificates/forms thereof to the Lender; and (b) take/obtain a written no objection certificate from the Lender
prior to, inter alia, sale, transfer, dealing with or disposition, creation of any third party rights or interest or encumbrance (in any manner) on such Security (or any portion
thereof). The Borrower(s) shall cause the Guarantor(s) to forthwith execute guarantee deed(s) (in the form and substance satisfactory to the Lender) in favour of the Lender.
3. REPAYMENT/PAYMENT
a. The Borrower(s) shall repay/pay the entire Loan and interest thereon to the Lender in such manner as agreed/specified by the Lender from time to time and/or as per
the payment/repayment schedule, on the respective Due Date(s) (“Payment/Repayment Schedule”). Subject to Clause 3.2, the Borrower(s) agree to pay to the
Lender interest on the Loan or such part thereof as may be outstanding from time to time at such Interest Rate(s) as mentioned on the Dhani Platform and/or
communicated to the Borrower(s) in the Sanction Letter. Unless otherwise specified by the Lender from time to time, (a) interest shall accrue from the Date of
Disbursement; (b) interest and/or interest for Current Month EMI shall be computed on the basis of a year of three hundred and sixty (360) days and the actual
number of days elapsed; (c) interest shall be computed on monthly rests or on such periodic rests as may be decided by the Lender from time to time; and(d) in case
of any payment default on the Due Date(s), interest shall be compounded (at the prevailing Interest Rate(s)) every month on the overdue amount.
b. Notwithstanding anything to the contrary in the Loan Documents, the Lender at its discretion reserves the rights to alter, amend, increase and/or vary, from time to
time, the Interest Rate(s). The Lender shall notify (by email or by any other manner) the revised Interest Rate(s) payable under the Loan Documents to the
Borrower(s) and the same shall be binding on the Obligor(s) with effect from such prospective date(s) as may be specified by the Lender. Any dispute, including
that relating to the interest computation, shall not entitle the Borrower(s) to withhold payment demanded by the Lender and/or payment of any EMI. The
Payment/Repayment Schedule for the Loan is without prejudice to the rights of the Lender to re-compute the interest, in case of any variation of the same. On such
re-computation, payments shall be made by the Borrower(s) in accordance with such amended Payment/Repayment Schedule, as may be intimated by the Lender to
the Borrower(s).
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c. All sums payable by the Obligor(s) under the Loan Documents shall be paid free of any restriction or condition and free and clear of and without any deduction or
withholding, whether on account of tax or otherwise (except for income tax deducted at source). If the Obligor(s) is/are obliged by law to make any deduction or
withholding from any such sum (except for income tax deducted at source), then the sum payable by the Obligor(s) shall be increased to the extent necessary to
ensure that, after making such deduction or withholding, the Lender receives and retains (free from any liability except for tax on overall net income) a net sum
equal to what the Lender would have received and so retained if no such deduction or withholding had been required or made. Notwithstanding anything to the
contrary contained in the Loan Documents, the Obligor(s) shall also be liable to pay all applicable taxes (except for income tax deducted at source) including Goods
and Services Tax, if applicable, on all sums payable by the Obligor(s) to the Lender under the Loan Documents.
d. The Obligor(s) shall repay/pay the Borrower’s Dues and other monies payable under the Loan Documents through the following modes as agreed between the
Borrower(s) and the Lender- electronic clearing system / through an escrow account(s) maintained under the Loan Documents (if any)/ RTGS/ any other method, as
may be specified by the Lender, from time to time and the same shall be binding on the Obligor(s). The Borrower(s) agree and undertake to forthwith issue
fresh/replacement/additional payment instructions to the Lender, fresh payment instruction(s) to bank and/or fresh replacement/additional instruction for electronic
clearance system, as the case may be, from time to time as may be requested by the Lender. Notwithstanding anything to the contrary, all payment/amounts shall be
deemed to have been received by the Lender under the Loan Documents only when such payments/amounts are actually credited/transferred in the Lender’s
designated bank account. If the Obligor(s) cancel or revoke or attempt to cancel or revoke such payment/repayment mode(s) without the prior consent of the Lender,
the Lender shall be entitled to initiate appropriate proceedings against the Obligor(s) without prejudice to the Lender’s other rights under the applicable laws. The
Borrower(s) shall pay payment instructions dishonor charges and other charges to the Lender as specified/agreed by the Lender. Submission of payment instructions
by the Obligor(s) to the Lender shall be deemed to be an unconditional and irrevocable authority given by the Obligor(s) to the Lender to present them for payment
on or after the dates of such instructions. The Obligor(s) shall ensure that each of such payment instructions is honoured on first presentation.. The Borrower(s)
undertake not to close the bank account from which such payment instructions are issued.
4. DEFAULT INTEREST
If any of the Obligor(s) fail (which includes any delay) to comply with its/their obligations under the Loan Documents including failure to create and perfect the Security, if
any, and/or failure to pay any amount payable by it/them under any of the Loan Documents on the given Due Date(s) and/or if an Event of Default occurs under the Loan
Documents, the Borrower(s) shall also be liable for payment of default interest (on the gross defaulted amounts in case of payment defaults and/or on the outstanding Loan
in case of other defaults/Event of Default) (“Default Interest”) at a default interest rate that may be communicated to the Borrower(s) from time to time and the current
default interest rate as mentioned in the Sanction Letter (“Default Interest Rate”) or at such other rate as may be specified in the policy of the Lender from time to time and
such Default Interest shall be payable for the period of default. Any Default Interest accruing under this Clause shall be immediately payable by the Borrower(s). Provided
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that the obligation to pay the Default Interest shall not entitle the Borrower(s) to set up a defense that no default/breach/Event of Default has occurred. The Default Interest
payable by the Borrower(s) shall be in addition to the interest payable under Clause 3 of this MTC. Default Interest (if unpaid) as aforesaid will be compounded at the end
of each month but will remain immediately due and payable.
a. No notice, reminder or intimation shall be given to the Obligor(s) regarding its/their obligation to repay/pay the Borrower’s Dues and it shall be entirely the
Obligor(s)’ responsibility to ensure prompt and regular payment of such amounts payable by the Obligor(s) to the Lender when due and in the manner provided in
the Loan Documents
5. The Lender may call upon / require the Borrower(s) to repay/pay the Borrower’s Dues (or any part thereof) immediately or in shorter period and in one lumpsum or such
suitable installment(s) as may be specified by the Lender notwithstanding the Tenure of the Loan. The Borrower(s) undertake to pay/repay the Borrower’s Dues (or any part
thereof) on the date(s) as may be specified in the notice issued by the Lender to the Borrower(s) under this Clause. Notwithstanding anything to the contrary, the Lender
may, at its sole and absolute discretion, cancel and/or withhold the disbursement of the Loan in part or full at any stage under this MTC due to any reason whatsoever. In
case of such Loan recall (in part or in full) by the Lender, no prepayment / foreclosure charges/penalty shall be payable by the Borrower(s). The Borrower(s) agree to give a
notice of 7 (seven) days to the Lender in case the Obligor(s) wants to make any prepayment/ foreclosure of the Loan (or any part thereof). Subject to any applicable laws,
the Borrower(s) shall forthwith pay to the Lender the prepayment/ foreclosure charge/premium, if any, specified in the Sanction Letter in case any prepayment/ foreclosure
of the Loan (or any part thereof) is made by the Obligor(s).
6. Notwithstanding anything to the contrary contained in the Loan Documents, the Obligor(s) agree and undertake to pay stamp duty, additional stamp duty, registration fees,
penalty thereon and any other charges/costs/expenses whatsoever to the Lender payable in relation to the Loan Documents. Provided that the Lender may pay such stamp
duty on behalf of the Obligor(s) and seek refund / re-imbursement of the same from the Obligor(s), and such refund / re-imbursement shall be made by the Obligor(s) not
later than three (03) days from the date of demand from the Lender. Further, the Obligor(s) undertake to pay to/indemnify the Lender, within three (03) days of demand by
the Lender, any such stamp duty, additional stamp duty, registration fees, penalty thereon, expenses, any other loss and /or liability incurred or suffered by the Lender on
account of such non-payment and/or short/under payment of stamp duty and /or registration fees by the Obligor(s) in relation to the Loan Documents. Notwithstanding
anything to the contrary contained herein, in case the Obligor(s) fail to pay the requisite amounts within the aforesaid period of three (03) days to the Lender, the Obligor(s)
shall also be liable to pay interest on such amounts at the same Interest Rate(s) as is/was applicable to the Loan under this MTC. It is clarified that the interest payable under
this Clause will be paid for the period of delay in making the aforesaid payment by the Obligor(s) to the Lender. This Clause will survive the termination of the Loan
Documents
7. The Borrower(s) shall, within three (03) days of demand, indemnify the Lender against any cost, expenses, loss and/or liability incurred by the Lender under or in respect of
any of the Loan Documents as a result of the occurrence of any default/breach/Event of Default including with respect to the costs incurred by the Lender for investigating
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7.
any event which it reasonably believes is a default/breach; or acting or relying on any notice, request or instruction which it reasonably believes to be genuine, correct and
appropriately authorized. This Clause will survive the termination of the Loan Documents.
8. At the time of signing of this MTC, the Borrower(s) shall pay the amount as displayed on the Dhani Platform and/or mentioned in the Sanction Letter as the processing fees.
The Borrower(s) agree that the Lender shall be entitled to deduct the upfront processing fees from the Loan amount on disbursement of the Loan (or any part thereof) and
the processing fees shall be non-refundable by the Lender in all circumstances. The Borrower(s) shall promptly on demand pay to the Lender, all costs and expenses
(including legal fees) reasonably incurred by the Lender in connection with the negotiation, preparation, printing and execution of the Loan Documents. The Borrower(s)
shall, within three (03) days of demand, pay to the Lender, all costs and expenses (including legal fees) incurred by the Lender in connection with the enforcement of, or the
preservation of any rights under, any Loan Document. The Borrower(s) shall also forthwith pay to the Lender any other fee/charges as may be specified in the Loan
Documents and/or by the Lender.
9. The Borrower(s) (for itself/themselves and on behalf of the Obligor(s)) hereby make the following representations and warranties to the Lender:
a. The Obligor(s)’ constitution, status, and other details mentioned in the Loan Documents are correct and the Obligor(s) is/ are duly organized and validly
incorporated under applicable laws. The Borrower(s) and each of the Obligor(s) has/have the power and authority to own its assets and carry on its/their business as
it/they is/are being conducted under all applicable laws, rules and regulations. The Obligor(s) agree that there will be no change whatsoever in the constitution/status
of the Obligor(s) during the validity of the Loan Documents. The Obligor(s) shall furnish to the Lender resolutions required in connection with the transactions
contemplated in the Loan Documents.
b. The obligations of the Obligor(s) in each of the Loan Documents are /will be legal, valid, binding and enforceable obligations and will be enforceable against the
Obligor(s), the Obligor(s)’ heirs, executors, successors, assigns and estate as if they have been parties to such Loan Documents. On or after occurrence of an Event
of Default under the Loan Documents, the Lender shall be entitled to sell or dispose of the Security (or any part thereof), if any, on such terms and in such manner
as the Lender deems fit. Each of the Security Documents, if any, creates/ shall validly create the Security, if any, which is expressed to be created by that document.
The Borrower(s) shall, and shall cause the Obligor(s) to, execute at its own cost and in favour of the Lender or any nominee of the Lender, any
further/additional/fresh deeds/documents, etc. whenever required by the Lender to do so in respect of the Loan/Borrower’s Dues/Security. The Borrower(s) shall
ensure that the Obligor(s), by reason of holding of the Security, if any, and/or by creation of a charge/mortgage/pledge thereon in favour of the Lender, do not
contravene the provisions of any applicable laws.
c. At all times during the validity of the Loan Documents, the Borrower(s) shall and/or shall cause the Obligor(s) to forthwith insure the relevant Security in favour of
the Lender, if any against loss or damage by such risks and contingencies as the Lender deems fit, with an insurer acceptable to the Lender and assign/endorse such
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c.
policy, in favour of the Lender. The Obligor(s) shall promptly hand over to the Lender (a) all documentary evidence in relation to such insurance, if applicable,
(including changes, if any made to such insurance policy on Lender’s request) and/or assignment/endorsement of the insurance in favour of the Lender as the “first
loss payee”; and (b) notwithstanding anything to the contrary, any money received from the insurance company/insurer in relation to the Security. The Obligor(s)
hereby authorize the Lender (and undertake to execute such further documents at the cost of the Obligor(s) in relation thereto) to make/lodge claim(s) under such
insurance and to receive all amounts from the insurance company/insurer thereunder. In addition to the aforesaid, the Borrower(s) shall insure its business (if any)
against loss or damage by such risks and contingencies as per the best practices prevailing in the market with a reputed insurer and punctually pay all premia
necessary to maintain and/or renew such insurance during the Tenure of the Loan and endorse/ assign the same in favour of the Lender.
d. The entry into and performance by the Obligor(s) and the transactions contemplated by, the Loan Documents do not and will not conflict with (a) any applicable
laws, rules or regulations; (b) its constitutional documents; and/or (c) any agreement or instrument binding upon it/ them or any of its assets. All authorization(s)
required or desirable to enable the Obligor(s) to lawfully enter into, exercise its rights and comply with its obligations in the Loan Documents and to make the Loan
Documents admissible in evidence have been obtained or effected and are in full force and effect.
e. No other event or circumstance is outstanding which constitutes a default under any other agreement or instrument which is binding on the Obligor(s) or any of its/
their subsidiaries or to which its assets (or any of its subsidiaries’ assets) are subject which might have a Material Adverse Effect and there are no litigations,
arbitrations or administrative proceedings before any court, arbitral body or agency which, if adversely determined, might have a Material Adverse Effect.
f. All financial projections and business plan, if applicable, provided to the Lender by any Obligor(s) has/have been prepared on the basis of recent historical
information and reasonable assumptions. All information supplied by the Obligor(s) is/are true, complete and accurate as at the date it was given and is not
misleading and nothing has occurred or been omitted from any factual information and no information has been given or withheld that results in the information
provided to the Lender being untrue or misleading in any material respect. The audited/unaudited consolidated financial statements, if any, of Obligor(s) has/ have
been prepared in accordance with applicable laws, rules and regulations. There has been no material adverse change in the financial conditions and/or operations
reflected in the audited/unaudited consolidated financial statements submitted to the Lender.
g. In any proceedings are taken in relation to the Loan Documents, the Obligor(s) will not be entitled to claim for itself/themselves or any of its/their assets immunity
from any suit, execution, attachment or other legal process. The Obligor(s) execution of the Loan Documents constitutes, and its/their exercise of its/their rights and
performance of its/their obligations will constitute, private and commercial acts done and performed for private and commercial purposes.
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h. Subject to all binding documents and applicable laws, the Borrower(s) shall apply all amounts borrowed under this MTC only for the Purpose. In respect of the
end-use of the Loan, the Borrower(s) shall forthwith provide to the Lender, an end-use certificate(s) (in a format acceptable to the Lender) from a chartered
accountant/ its statutory auditors and/or by the Borrower(s), as required by the Lender from time to time.
i. The representations and warranties (made in the Loan Documents) are deemed to be made by the Obligor(s) on the date of the Loan Documents, the Date of
Disbursement of the Loan, date of creation of Security and on each Due Date(s).
10. The undertakings in this MTC shall remain in force from the date of this MTC for so long as any amount is outstanding under the Loan Documents.
a. The Obligor(s) shall supply to the Lender (a) as soon as the same become available, but not later than six (6) months from the date of submission of the previous
statement of assets / financial statement of the Obligor(s), the statement of assets /financial statement of the Obligor(s) for that financial half year; and (b) as soon as
they become available but in any event within one hundred and eighty (180) days after the end of its financial year, the audited consolidated financial statement /
statement of assets for that financial year. Each set of audited/unaudited consolidated financial statements / statement of assets delivered by the Obligor(s) to the
Lender shall be certified as fairly representing its financial condition as on the date such financial statements or statement of assets (as the case may be) were drawn
up.
b. The Obligor(s) shall supply to the Lender (a) promptly upon becoming aware, the details of any litigation, arbitration or administrative proceedings which are
current, threatened or pending against any Obligor(s), and which might, if adversely determined, have a Material Adverse Effect; and (b) promptly, such further
information regarding the financial condition, business and operation including periodic progress reports of any Obligor(s) as the Lender may reasonably request.
c. The Obligor(s) shall notify the Lender of any default (and the steps, if any, being taken to remedy it) promptly upon becoming aware of its occurrence. Promptly
upon a request by the Lender, the Obligor(s) shall supply to the Lender a certificate certifying that no default is continuing (or if a default is continuing, specifying
the default and the steps, if any, being taken to remedy it).
d. The Borrower(s) undertake to forthwith provide, and/or cause the Obligor(s) to forthwith provide, to the Lender all the documents and information as may be
required in terms of the Know Your Customer guidelines issued under any applicable laws and keep the same updated at all times during the validity of the Loan
Documents.
e. The Borrower(s) agrees and confirms that he/she shall repay the Loan only from his/her own account, and payment shall not be made from any third party account.
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f. The Borrower(s) agrees that any cash repayment made by the Borrower(s) to any person in regard to the Loan is at his/her own risk and not adjustable from Loan
amount/interest or charges/fees associated with the Loan, further Lender shall not be held liable for the same.
g. The Borrower(s) hereby agrees that the records maintained by the Lender shall be conclusive proof of the amounts outstanding from and due from the Borrower(s).
A certificate issued by the Lender stating the Borrower’s Dues amount due at any particular time shall be conclusive evidence as against the Borrower(s).
h. The Borrower(s) agrees that the Lender shall have the right to reverse the Loan disbursement transaction and cancel the Loan account if the Borrower(s) is found to
have fraudulent history or found to have been involved in document misrepresentation/fraud or is proven to be involved in any sort of money laundering activities.
i. The Borrower(s) undertake to forthwith provide, and/or cause the Obligor(s) to forthwith provide, to the Lender all the documents and information as may be
required in terms of the Know Your Customer guidelines issued under any applicable laws and keep the same updated at all times during the validity of the Loan
Documents.
11. The undertakings in this Clause shall remain in force till any amount is outstanding under the Loan Documents.
a. The Borrower(s) shall, and/or shall cause the Obligor(s) to, promptly obtain, comply with and do all that is necessary to maintain in full force and effect any
authorization(s), if applicable, to enable the Obligor(s) to perform its/their obligations under the Loan Documents and to ensure the legality, validity, enforceability
and/or admissibility in evidence of the Loan Documents. The Obligor(s) shall promptly hand over copies of such authorization(s) to the Lender.
b. The Obligor(s) shall comply in all respects with all applicable laws to which it/they may be subject.
c. The Borrower(s) shall not and shall ensure that the Obligor(s) do not, without the prior written consent of the Lender, do or undertake any of the following if
applicable:
I. create or permit to subsist any security/negative lien/encumbrance over any of its/their assets including assets comprising the Security, if any;
II. enter into/approve/make application for any amalgamation, reorganization, demerger, and merger, scheme of arrangement and/or corporate reconstruction of
any of the Obligor;
III. make any investments or avail any loans, grant any credit (save in the ordinary course of business) or give any guarantee or indemnity (except as required
under any of the Loan Documents) to or for the benefit of any person or otherwise voluntarily assume any liability, whether actual or contingent, in respect
of any obligation of any person;
IV.
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IV. enter into, undertake or participate in any share, securities or subordinated debt buy-back, cancellation or redemption programme of the Obligor(s);
V. issue/allot, or grant any person any right to call for the issue or allotment of, any shares/securities in the Obligor(s);
IX. effect any change in its/their share holding pattern, share capital, profit-sharing and/or change in the management/control/partner(s)/proprietor(s).
d. The Obligor(s) (in case of a company), shall not induct/appoint any person as a director on its board of directors, whose name appears in the list of willful defaulters
(as published/prepared by any regulator/statutory body viz. Reserve Bank of India/other regulator(s)) and in case any director of the Obligor(s) is declared as a
willful defaulter, the Obligor(s) shall forthwith take expeditious and effective steps for removal of such director from its board of directors and forthwith inform
about the same to the Lender.
e. The Borrower(s) hereby undertakes to keep the Lender informed of the happening of any event which is likely to have an impact on their profit or business and
more particularly, if the monthly production or sale and profit are likely to be substantially lower than already indicated to the Lender. The Borrower(s) will inform
accordingly with reasons and the remedial steps proposed to be taken.
f. The Borrower(s) hereby provides his/her consent to the Lender to avail and/or obtain his/her confidential credit report from other lenders.
g. The obligation of the Lender to make disbursements out of the Loan shall be subject to the Borrower(s) complying with all the conditions to the satisfaction of the
Lender in its sole discretion. The Borrower(s) shall complete all documentation as stipulated, to the satisfaction of the Lender.
h. The Borrower(s) hereby undertakes to provide his/her salary account bank statement for the past one month and any other details as required by the Lender post
disbursal of the Loan. All information provided by the Borrower(s) about his/her demographics, employment and salary account is true. The Borrower(s) undertakes
to foreclose the Loan immediately in case any of the above provided information is found to be false by the Lender.
i. The Borrower(s) hereby undertakes not to stand as surety or guarantor for any third party liability or obligation.
j.
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j. The Borrower(s) hereby confirm that the Borrower(s) is residing in India and shall not leave India for employment or business or long stay without first fully
repaying the Loan then outstanding due and payable with interest and other dues, including prepayment charges, if any.
k. The Borrower(s) hereby undertakes to keep the Lender informed of any change in the Borrower's e-mail ID, telephone number, mobile number and address. The
Borrower(s) authorizes the Lender to update the contact information change that the Lender may be informed of and hereby authorizes the Lender to contact the
Borrower(s) at the updated contact details, by post, phone, e-mail, SMS/text messaging.
l. The Borrower(s) agrees and undertakes not to, and warrants and represents to the Lender that the Borrower(s) shall not, utilize the Loan for any antisocial, unlawful,
or speculative purposes and/or capital market.
m. Notwithstanding anything to the contrary stated in this MTC, the Borrower(s) hereby agrees and acknowledges that the terms and conditions of this MTC and the
Sanction Letter shall mutatis mutandis apply to any subsequent/ top-up Loan that the Borrower(s) may avail from the Lender.
n. The Borrower(s) agrees and consents to the Lender for collecting, storing, sharing and processing information (including sensitive personal information) related to
the Borrower(s) from or with the Relevant Entities and/or Partnered Entity (defined hereinafter), or third parties/service providers for the purposes as set out in this
MTC and for providing the Borrower(s) with other products, offers and/or information. The Borrower(s) further agrees and allows the Lender to share Borrower(s)’
KYC Documents with Transerv Private Limited, a company within the meaning of the Companies Act, 2013, having its registered office at 1002-B 10th Floor,
Tower 1, Indiabulls Finance Center, S B Marg, Elphinstone Road (W), Mumbai – 400013, for the purpose of opening and setting-up of Dhani Pay prepaid account
as a Full KYC Prepaid account. For the purpose of this MTC, KYC Documents shall mean and include but not limited to proof of identity, proof of address and
such other documents, as may be prescribed by RBI under the Master Direction - Know Your Customer (KYC) Direction, 2016 (as amended).
II. Unlawful Purpose The Borrower(s) apply and/or utilize the Loan (a) for such purposes which are not permitted under the Loan Documents and/or (b) for
any purpose which is considered and/or deemed to be unlawful, illegal or contravene the provisions of any applicable laws, rules and regulations.
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III. Other obligations The Obligor(s) commit or threaten to commit any other breach/default of any provision(s) of the Loan Documents including failure to
create Security, if any, or execute/ provide any documents to the Lender as may be required.
IV. Misrepresentation Any representation or statement made or repeated by the Obligor(s) in the Loan application, Loan Documents or any other document
delivered by or on behalf of the Obligor(s) under or in connection with any Loan Documents is incorrect or misleading in any respect when made or
repeated. Further, if there is any suppression of facts by the Obligor(s) in the Loan application, Loan Documents or any other document delivered by or on
behalf of the Obligor(s) under or in connection with any Loan Documents.
V. Unlawfulness It is or becomes unlawful for the Obligor(s) to perform any of its obligations under the Loan Documents.
VI. Repudiation The Obligor(s) repudiates any of the Loan Documents or in the opinion of the Lender, the Obligor(s) have an intention to repudiate any of the
Loan Documents.
VII. Government Intervention By or under the authority/order of any government/court or otherwise (if applicable): (i) the management of the Obligor(s), is
wholly or partially displaced or the authority of the Obligor(s) in the conduct of its business is wholly or partially curtailed; or (ii) all or a majority of the
issued shares of the Obligor(s), or the whole or any part of its/their revenues or assets is seized, nationalized, expropriated or compulsorily acquired; or (iii)
if any attachment, distress, execution or other process against the Obligor(s), or any of its properties is enforced or levied upon.
VIII. Material Adverse Change Any event or circumstance occurs which the Lender believes is likely to have a Material Adverse Effect or if any circumstance
or event occurs which in the opinion of the Lender, would or is likely to prejudicially or adversely affect in any manner, the ability/ capacity of the
Obligor(s) to perform or comply with its/their obligations under the Loan Documents and/or to pay/repay the Borrower’s Dues or any part thereof.
IX. Others
i. If there is any deterioration or impairment of the Security, if any, or any part thereof, or there is an event or circumstance which is likely to
prejudice, impair and/or imperil the Security, and which causes the Security, if any, created in favour of the Lender (in the judgment of the Lender)
to become unsatisfactory as to character or value and the Borrower(s) fail to provide additional Security; if there is a failure in business, commission
of an act of bankruptcy, general assignment for the benefit of creditors, if any Obligor(s) suspend or default in making payment to any creditors /
other lenders or threatens to do so, any petition in bankruptcy of, by, or against the Obligor(s) is filed or any petition for winding up of the Obligor(s)
is filed and not withdrawn within thirty (30) days of being filed;
ii.
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ii. If the Obligor(s) is/are unable to pay its/their debts (whether within the meaning of applicable laws or otherwise) or if a liquidator, or receiver is
appointed in respect of any property or estate of the Obligor(s);
iii. If the Obligor(s) ceases or threatens to cease or carry on its/their business or if the Obligor(s) cease to be in lawful employment or if, in the opinion
of the Lender, the Obligor(s) income/revenues/remuneration has become or is likely to become inadequate or if any Obligor(s) dies or if any
Obligor(s) becomes mentally unsound or if any Obligor(s) is imprisoned;
iv. If it is certified by a firm of accountants appointed by the Lender (which the Lender is entitled and hereby authorized to so appoint at any time) that
the liabilities of the Obligor(s) exceed the Obligor(s)’ assets;
v. If the Obligor(s), without prior written consent of the Lender, sell, transfer, encumber, assign, convey, grant, deal with and/or dispose of its assets
including Security, if any, (or any part thereof) and/or attempt or purport to do any of the aforesaid;
vi. If the management (in case of an unincorporated and incorporated entity) ceases to enjoy the confidence of the Lender for any reason whatsoever; or
vii. If any of the foregoing events occur in relation to any third party which now or hereafter has guaranteed or provided Security for or given any
indemnity in respect of any money obligation or liability hereby secured.
If the net sum realized through the enforcement/sale/ transfer of Security is insufficient to cover the Borrower’s Dues, then without prejudice to the other rights and
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remedies of the Lender under the Loan Documents and/or in law, the Obligor(s) agree and undertake to pay to the Lender forthwith at the Lender’s demand such
amount as will make up the shortfall. The decision made by the Lender with respect to any matter under the Loan Documents shall be final and binding on the
Obligor(s).
c. If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower(s) shall
forthwith give the Lender notice thereof in writing specifying such Event of Default, or such event. The Borrower(s) shall also promptly inform the Lender if and
when any statutory notice of winding-up (if applicable) under the provisions of the applicable laws or of any suit or legal process intended to be filed / initiated
against the Obligor(s) is received by the Obligor(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the
Lender shall be final, conclusive and binding on the Borrower(s). However, the Lender will act in a reasonable manner while exercising any such discretion given to
the Lender under this MTC. The rights, powers and remedies given to the Lender by this MTC shall be in addition to all rights, powers and remedies given to the
Lender by virtue of any other security, statute or rule of law. The Lender may exercise a lender’s lien or right of set-off with respect to any obligation of the
Borrower(s) to the Lender and shall have a lien on all property or securities of the Borrower(s) in the Lender’s possession or custody whether for safe-keeping or
otherwise. Without prejudice to what is stated hereinabove, the Parties hereby expressly agree and confirm that in the event of the Borrower(s) failing to pay the
Borrower’s Dues or on happening of an Event of Default, in addition to any general or specific lien to which the Lender may be entitled by law, the Lender shall,
without prejudice to any of its specific rights under the Loan Documents, be at liberty to apply any other money or amounts standing to the credit of the Borrower(s)
in any account with the Lender in or towards repayment of the Borrower’s Dues, without any notice to the Borrower(s). In case of any deficit/shortfall, the
deficit/shortfall amount may be recovered by the Lender from the Borrower(s). Notwithstanding anything to the contrary in any Loan Documents, the Borrower(s)
hereby agree(s) and hereby authorise(s)/give(s) its/their consent, and the Borrower(s) shall cause the other Obligor(s) to agree and authorize/give their consent, that
(a) the Lender shall be entitled to disclose/share any information relating to the Loan, the Security, the Loan Documents, the credit information and/or any other
related/relevant information of the Obligor(s) (including default by the Obligor(s)) to the Reserve Bank of India, credit information company (e.g. CIBIL and/or
other similar entities), credit rating agencies, statutory/regulatory/judicial/ quasi-judicial authorities/bodies, statutory auditors, the Lender's banks/financial
institutions and other persons/bodies pursuant to/in connection with/under, inter alia, any law, regulations, guidelines and/or circulars, legal proceedings, audit,
credit rating / gradings, the provisions of the Loan Documents and/or in the ordinary course of the Lender’s business; (b) in case any of the Obligor(s) commit
default in the payment/repayment of the Borrower’s Dues (or part thereof) and/or upon occurrence of an Event of Default under the Loan Documents, the Lender,
the Reserve Bank of India, any other regulator and/or credit information company will have an unqualified right to disclose or publish the name(s) of the Obligor(s)
and its/their partners, promoters and/or directors as defaulter(s) in such manner and through such medium as the Lender, the Reserve Bank of India, any other
regulator and/or the credit information company in their absolute discretion may think fit; and/or (c) the Lender and/or the Relevant Entities and/or Partnered Entity
shall be entitled to use/utilize the credit information and the other related/relevant information of the Obligor(s) for the purposes of or in connection with the
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ordinary course of the Lender’s and/or the Relevant Entities and/or Partnered Entity’ business including for the Loan/future loan(s), and the other products/ services,
if any, to be obtained by any of the Obligor(s) and for marketing or promotion of such services/products. For the purpose of this clause, Partnered Entity shall mean
entities with whom the Lender and/or Relevant Entities have entered into an arrangement to sell or market its/their products and services.
13. Notwithstanding anything to the contrary in the Loan Documents, the Parties agree that, without any approval of or notice to any of the Obligor(s), the Lender shall be
entitled to sell, securitize, transfer, encumber and/or assign any/all of its rights and obligations (including the Borrower’s Dues/Loan or any part thereof with or without any
Security, if any) under the Loan Documents to any person(s)/entity and on such terms and conditions as the Lender, in its sole and absolute discretion deems fit. The
Borrower(s) shall not and/or the Borrower(s) shall cause the Obligor(s) not to, assign or transfer any of its/their rights or obligations under the Loan Documents.
14. Payment shall be made in such manner as indicated in the Loan Documents, unless otherwise specified by the Lender. Notwithstanding anything to the contrary, at the
discretion of the Lender, any proceeds/receivables realized/generated from the Security, if any, (or any part thereof) and/or any amount paid by the Obligor(s) under the
Loan Documents shall be adjusted/appropriated firstly, towards the charges/fees payable under the Loan Documents to the Lender and cost and expenses incurred by the
Lender, secondly, towards interest and default interest, thirdly, towards prepayment charges and/or foreclosure charges/premium and other amounts forming part of the
Borrower’s Dues, and balance, if any, towards the outstanding principal amount of the Loan. All payments to be made by the Obligor(s) under the Loan Documents shall be
calculated and be made without (and free and clear of any deduction except for income tax deducted at source) set-off or counterclaim. Notwithstanding anything herein
contained, the Lender shall have a lien over all the assets/securities of the Obligor(s) in the Lender’s control and a right of set-off against any moneys due from the Lender
to the Obligor(s) if any, and to combine all accounts of the Obligor(s) for recovery of the Borrower’s Dues. The Lender has agreed to enter into this transaction on the
condition that the Obligor(s) agree to the right of the Lender to set off against the amount lying in deposit/in account/in possession with the Lender for the recovery of the
Borrower’s Dues and/or enforce the Security, if any, in any manner.
15. Notwithstanding anything to the contrary contained in any agreement(s), the Obligor(s) expressly accept and agree that if a breach/default/an event of default occurs under
any agreement(s) (including the Loan Documents) between (a) the Obligor(s) and/or any group entity(ies) /associate/ affiliate of the Obligor(s) ( “Obligor(s) Group”) and
(b) the Lender and/or any of the Relevant Entities, then such a breach/default/ event of default under such agreement(s) shall also be an Event of Default under the Loan
Documents and vice versa and then in such an event, the Lender and/or any of the Relevant Entities, as the case may be, shall, without prejudice to any of its/their specific
rights under each of the agreements, be absolutely entitled to exercise all or any of its/their rights (including Loan recall) under any of such agreements (including the Loan
Documents) at the sole discretion of the Lender and/or the Relevant Entities. Notwithstanding anything to the contrary in the Loan Documents or in any other agreement(s)
executed between Obligor(s) Group and the Lender and/or any of the Relevant Entities, the Obligor(s) hereby irrevocably agree that all the security, if any, created/to be
created in favour of the Relevant Entities shall also constitute Security for the Borrower’s Dues under the Loan Documents and the Lender is irrevocably authorized to take
possession, sell, dispose of or deal with such Security (including proceeds thereof) in any manner towards satisfaction of (i) the Borrower’s Dues and / or (ii) any amounts
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payable by the Obligor(s) Group to the Relevant Entities. The provisions relating to Security under the Loan Documents shall mutatis mutandis apply to such security
created in favour of Relevant Entities (including execution of the Security Documents and requisite filings with the appropriate authorities). In the event any Relevant
Entities initiates any enforcement action against the security created in its favour by any of the Obligor(s) Group and there are surplus proceeds from such enforcement, the
said surplus proceeds may be utilized towards the satisfaction of the Borrower’s Dues. Furthermore, if any loan/ credit facility obtained from any Relevant Entities by any
of the Obligor(s) Group are paid/ repaid or required to be paid/ repaid in full by such Obligor(s) Group for any reason whatsoever, the Obligor(s) shall, if so required by the
Lender, also forthwith repay/prepay the Loan/ Borrower’s Dues under the Loan Documents.
16. Any communication and/or document(s) to be made or delivered under or in connection with or pursuant to the Loan Documents and/or applicable laws shall be made or
delivered, unless otherwise stated, by fax, email, physical letter/ document(s) or in any other electronic/digital form. The address, email address, phone and fax number (and
the department or officer/person, if any, for whose attention the communication is to be made) of each Party for any communication and/or document(s) to be made or
delivered under or in connection with or pursuant to the Loan Documents and/or applicable laws is, in case of the Borrower(s) and/or the Obligor(s).:
In the case of the Lender:
Address : M – 62 and 63, First Floor, Connaught Place, New Delhi – 110 001
Phone : 011 - 30252900
Email : [email protected]
Attention of:Company Secretary
or any substitute address, email address, phone, fax number or department or officer or person as a Party may notify to the other Party by not less than three (03) days’
notice. Any communication or document(s) made or delivered by a Party to another Party under or in connection with the Loan Documents and/or applicable laws will only
be effective: (a) if by way of fax, email or in any other electronic/digital form, when received/delivered in legible form; or (b) if by way of physical letter/document(s),
when it has been delivered to the addressee(s) or left at the relevant address or three (03) days after being sent by the registered post, speed post or courier, and if a
particular department or officer/person is specified as part of its address details provided as aforesaid, if addressed to that department or officer/person. Any communication
or document(s) to be made or delivered to the Lender will be effective only when actually received by the Lender and then only if it is expressly marked for the attention of
the department or officer identified with the Lender’s signature below (or any substitute department or officer as the Lender shall specify for this purpose). Any
communication or document(s) made or delivered to the Borrower(s) and/or the Obligor(s) in accordance with this Clause will be deemed to have been made or delivered to
it. Any notice/communication given under or in connection with or pursuant to any Loan Documents and/or applicable laws must be in English. All other documents
provided under or in connection with any of the Loan Documents must be in English. Notwithstanding anything to the contrary, any notice to the Borrower(s) or to any of
the other Obligor(s) by the Lender shall be deemed to be a notice to all the Obligor(s) (under this MTC and/or other Loan Documents) and the Parties hereto specifically
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agree that a notice of one (01) day by the Lender shall be a reasonable notice to the Obligor(s) for the purposes of, inter alia, exercising any of the rights and remedies by
the Lender as mentioned in the Loan Documents and/or under law.
17. In any matter, litigation, arbitration or other proceedings arising out of or in connection with any of the Loan Documents, the entries made in the accounts maintained by the
Lender shall be the prima facie evidence of the matters to which they relate. Any certification or determination by the Lender of a rate or amount under any of the Loan
Documents is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
18. If, at any time, any provision of the Loan Documents is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality,
validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be
affected or impaired.
19. No failure to exercise, nor any delay in exercising, on the part of the Lender, any right or remedy under the Loan Documents shall operate as a waiver, nor shall any single
or partial exercise of any right or remedy prevent any further or their exercise or the exercise of any other right or remedy. The rights and remedies provided in this MTC
are cumulative and not exclusive of any rights or remedies provided by law.
20. Any term of the Loan Documents may be amended only with the consent of the Lender and any such amendment will be binding on all the Obligor(s). Any term of the
Loan Documents may be waived only with the consent of the Lender and any such waiver will be binding on all Parties.
21. Each of the Loan Documents may be executed in any number of counterparts, and this has the same effect as if the signatures on the counterparts were on a single copy of
the Loan Document.
22. The Loan Documents is/shall be governed by Indian laws and the courts as mentioned in the Sanction Letter shall have exclusive jurisdiction relating to any matter/issue
under or pursuant to the Loan Documents. Provided that such exclusivity shall not bind the Lender and the Lender shall be entitled to initiate proceedings in relation to the
Loan Documents before any competent forum. Notwithstanding anything to the contrary,
a. if any dispute/disagreement/differences (“Dispute”) arise between the Parties (including any Obligor(s)) during the subsistence of the Loan Documents and/or
thereafter, in connection with, inter alia, the validity, interpretation, implementation and/or alleged breach of any provision of the Loan Documents, jurisdiction or
existence/appointment of the arbitrator or of any nature whatsoever, then, the Dispute shall be referred to a sole arbitrator who shall be appointed by the Lender
only. It is expressly agreed that in any circumstance, the appointment of the sole arbitrator as aforesaid shall be and shall always deemed to be the sole means for
securing the appointment/nomination of the sole arbitrator, without recourse to any other alternative mode of appointment of the sole arbitrator. The seat of the
arbitration shall be New Delhi and the arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 (or any statutory re-enactment
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thereof, for the time being in force) and shall be in the English language. The award shall be binding on the Parties subject to the applicable laws in force and the
award shall be enforceable in any competent court of law;
b. the Lender shall, however, be entitled to initiate action and/or proceed under the Securitization and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (including any statutory modification, amendment or re-enactment thereof for the time being in force and as may be enacted from time to time)
and rules made thereunder, if applicable.
23. Notwithstanding anything to the contrary contained in any Loan Documents, pursuant to any guidelines/directive/notification/ law, the Lender may at any time alter /
modify/delete any provisions of the Loan Documents (such as change in disbursement schedule, interest rate(s), service charges, prepayment/foreclosure rates, etc.) and
such alteration/modification/deletion made by the Lender shall be binding on the Obligor(s).
24. The Obligor(s) agree not to distribute or disclose any information(s) related/connected with the Loan Documents to any person, without the prior written consent of the
Lender. The Lender shall, however, not be held responsible or liable in any manner for any non-compliance of any law/regulations/circulars/ stock exchange listing
agreement(s), etc. by the Obligor(s).
25. The Borrower(s) agree(s) and undertake(s) to, and shall cause the Obligor(s) to, forthwith comply with all additional conditions, if any, specified in hereunder and/or in the
other Loan Documents.
26. The Borrower(s) agree(s) that this MTC contains the entire agreement and understanding between the Lender and the Borrower(s) and supersedes all prior agreements and
understandings relating to the subject matter hereof unless otherwise specifically reaffirmed or restated herein.
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