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LOAN AGREEMENT
This Loan Agreement (the “Agreement”) is executed at Mumbai on 22 Day of ■■ 2020.
BETWEEN
The lender group 790735586GL399015 is a group of individual and/or institution (hereinafter individually referred to as “Lender” and collectively referred to as the “Lenders”
which expression shall, unless repugnant to the context thereof, mean and include their respective successors, legal representatives, heirs and permitted assigns),electronically
agrees to this agreement, of the First Part
AND
Innofin Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 2013 with corporate identity number [U74999MH2015PTC266499]
(hereinafter referred to as “P2P Platform” , which expression shall, unless excluded by or repugnant to the context or meaning thereof, include its successors and permitted
assigns) of the Second Part;
AND
Divya having PAN No. BGTPD9863L, and R/o. 16 nesavalar colony 2nd cross, Tiruchirappalli, Tamil Nadu, , hereinafter referred to as “the Borrower” (which expression unless it
be repugnant to the context or meaning thereof be deemed to mean and include his/her legal representative, assignee and administrator) of the Third Part.
The Lender, Borrower and the P2P Platform are, wherever the context so requires, hereinafter collectively referred to as the ‘Parties’ and individually as ‘Party’.
A. WHEREAS, the Lender and the Borrower have come across each other for lending and borrowing unsecured loans through online Peer-To-Peer (P2P) Lending platform
provided by the P2P Platform, having website as www.lendenclub.com;
B. The Borrower is desirous of availing a loan of an aggregate amount of INR 10000.0/- (Indian Rupees ten thousand only) (“Loan Amount”) from the Lender for the purposes of
DEBT CONSOLIDATION.
C. At the request of the Borrower and relying on representations and warranties, and covenants undertaken by the Borrower and subject to the terms and conditions contained
herein, each of the ndividuals and/or institutions captured under Lender Group 790735586GL399015 hereby agrees to lend their proportion of the Loan Amount to the Borrower
as captured in the information technology system of P2P Platform and the Borrower agrees to borrow from the Lender Group 790735586GL399015 the Loan Amount.
D. WHEREAS, Lender desires for the P2P Platform to mobilize the repayment amounts received from the Borrower to the Lender’s bank account and provided other services as
detailed in this agreement and P2P Platform desires to provide such services, in accordance with the terms and conditions set forth in this Agreement.
NOW, IN CONSIDERATION OF THE MUTUAL UNDERSTANDING AND OBLIGATIONS SET OUT IN THIS LOAN AGREEMENT, THE SUFFICIENCY OF WHICH IS HEREBY
ACKNOWLEDGED, THE ABOVE PARTIES, INTENDING TO BE LEGALLY BOUND, AGREES AS FOLLOWS: -
1. DEFINITIONS AND INTERPRETATIONS
In this Loan Agreement, unless the context otherwise requires: (a) headings are for convenience only and shall not affect interpretation, (b) where a word or phrase is defined, other
parts of speech and grammatical forms of that word or phrase shall have corresponding meanings, (c) words denoting any gender shall include all genders, (d) references to days,
months and years are to calendar days, calendar months and calendar years respectively and (e) “including” and “inter alia” shall be deemed to be followed by “without limitation” or
“but not limited to”.
2. DISBURSEMENT
The Lender hereby agrees that platform can transfer respective Loan Amount to the Borrower. The date of disbursal of the loan shall be the Loan Date (“Loan Date”). The details of
the Borrower’s bank account (“Borrower’s Bank Account”) are as under:-
Bank Account 5912451636
Account Holder Name Divya
Type of Account SAVINGS
Bank Name KOTAK MAHINDRA BANK LIMITED
IFSC Code KKBK0008763
3. RATE OF INTEREST
"The Borrower hereby agrees and confirms that the interest rate for this loan will be Rs. 3.02 per every hundred per month on the loan amount and/or any part thereof remaining
outstanding from time to time. This can be converted into APR (%) on the website of P2P Platform in case any party needs it in terms of annualised interest rate."
4. RATE OF DEFAULT INTEREST & DELAY CHARGES
a) The Borrower do hereby agrees and confirms that if the Borrower makes any default in repayment of the loan installments as and when the same is due and/or fails to comply
with its obligations or any of the terms of this Loan Agreement, then the Borrower shall be also liable to pay default interest at the rate of 2 % per month (“Default Interest”) of EMI
outstanding, over and above the rate of interest mentioned in clause 3 hereinabove on the outstanding amount as on the date of default.
b) The Borrower do hereby agree and confirms that in addition to the aforesaid Penal Interest, the Borrower shall also be liable to pay delay charges as mentioned in Annexure 1
("Delay Charges")
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c) The Borrower do hereby agree and confirms that the Lender’s right to recover Penal Interest and Delay Charges shall be without prejudice to Lender’s other rights available as
per this Loan Agreement.
d) The Borrower do hereby agree and confirms that his/her obligations to pay Penal Interest and Delay Charges shall not entitle the Borrower to set up the defense that no event of
default as mentioned hereunder has occurred.
5. DUE DATE OF FIRST & SUBSEQUENT INSTALLMENTS
The Parties do hereby agree and confirms that:
a) In case, if the Loan Amount is received into the Borrower’s Bank Account on or before the 15th day of that particular month, in that case the First Installment shall become due
and payable by the Borrower to the Lender on 5th day of the first succeeding month of the Loan Date and thereafter all the subsequent installments shall become due and payable
on the same day of the subsequent months; and
b) In case, if the Loan Amount is received into the Borrower’s Bank Account after 15th day of that particular month, in that case the First Installment shall become due and payable
by the Borrower to the Lender on 5th day of the second succeeding month of the Loan Date and thereafter all the subsequent installments shall become due and payable on the
same day of the subsequent months.
6. LOAN REPAYMENT SCHEDULE
The Borrower do hereby covenants with the Lender(s) to repay to the Lender(s) the Loan Amount together with interest payable in 2 installments, in the following manner:
Installment Principal Amount(Rs.) Interest Amount(Rs.) Total Amount(Rs.)
1 4902.0 400.0 5302
2 5098.0 204.0 5302
7. MODE OF REPAYMENT OF LOAN
a) The Borrower do hereby covenants with the Lender that for the purpose of repayment of the Loan Amount together with Interest and if applicable, Default Interest and Delay
Charges, thereon by way of monthly installment in the manner provided in Clause 6 above. Simultaneously upon signing of this Loan Agreement, the Borrower shall either facilitate
the same in advance through National Automated Clearing House Mandate (“NACH Mandate”) for the tenure covering all the installments, in favour of the Lender or any other
person or entity duly authorized by the Lender in this behalf or by handing over LenDenClub postdated duly signed cheques for repayment of a loan instalment to the Lender.
b) The Borrower do hereby further covenants that without prior written consent of the Lender, the Borrower shall not close that bank account from which the NACH Mandate has
been facilitated or from which the cheques has been issued, without prior intimation to Lender and making alternate arrangement for the payment of the balance Installments. Any
instruction for closure of account without the consent of the Lender shall be deemed to be an event of default and consequence as setout in Clause 8 shall ensue.
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8. EVENTS OF DEFAULTS
8.1. The occurrence of the following events shall be an “Event of Default”:
a) The Borrower fails to repay two consecutive Monthly Installment Amount on the due dates;
b) The Borrower has given instruction to the bank to the close the Borrower’s Bank Account without the prior written of the Lender.
c) The Borrower commits breach of any terms and conditions set out in this Loan Agreement; and/or
d) If any attachment, distress execution or any other such process is initiated against the Borrower; and/or
e) If the Borrower ceases or threatens to cease or carry on his/her business or profession or employment.
8.2. Upon occurrence of an Event of Default, notwithstanding any elsewhere contained in this Loan Agreement, the outstanding amount (including the Interest, Default Interest and
Delay Charges) as on the date of Event of Default shall immediately become due and payable and the Lender shall be entitled to take all steps /actions available to him under
law/equity or otherwise to recover the amount.
9. APPROPRIATION OF PAYMENTS
The Borrower hereby agrees and confirms that any payment made by him/her to the Lender under and/or in terms of this Loan Agreement shall be appropriated in the following
manner:-
Firstly, towards the costs, fees, expenses and other charges, if any, which the Lender may have to incur for the recovery of amounts payable by the Borrower under this Loan
Agreement;
Secondly, towards the payment of Default Interest and Delay Charges, due and payable under this Loan Agreement;
Thirdly, towards the payment of Interest, due and payable on the Loan Amount;
Lastly, towards the payment of installment of the Principal Loan Amount.
10. PREPAYMENT OF LOAN
The Lender hereby agrees and confirms that at any time after repayment of the 1st three installments, the Borrower shall have the option to repay before the due dates any or all of
the installments, which may be outstanding at that point of time, provided that the Borrower shall remain liable to pay the interest on the Loan Amount outstanding till the date of
payment.
However, it is clarified that in case the Borrower intends to repay the entire Loan Amount before the due date of the 1st three installments then in that event the Borrower shall be
liable to pay to the Lender the entire Loan Amount and the Interest of 1st three Installments mentioned in the loan repayment schedule in Clause 6 hereinabove.
11. SCOPE OF SERVICES OF P2P Platform
Each of the Lender has electronically authorized the P2P Platform to undertake the following activities on its behalf:
(a) To facilitate mobilization of repayment amounts received from the Borrower account to Lender account;
(b) To initiate legal action against the Borrower in case of default in payment or non- payment by the Borrower for more than 30 days as and when need arises and on such fees as
may be mutually agreed between the Collection P2P Platform and the Lender.
For avoidance of doubt, it is hereby clarified that the services provided by the P2P Platform under this Agreement are limited to point (a) and point (b) above, and under no
circumstances P2P Platform will be responsible for collection of money and/or towards payment of any EMI or delay or penal charges on behalf of Borrower. The Lender and
Borrower agree, understand and acknowledge that payment of any EMI or delay or penal charges is always the sole responsibility of the Borrower.
12. REPRESENTATIONS AND WARRANTIES OF THE BORROWER
The Borrower do hereby represents and warrants as under:
a) All information which has been given by Borrower to the Lender with respect to himself is true and accurate in all respects.
b) That the Borrower shall utilized the Loan Amount for the purpose of DEBT CONSOLIDATION and for no other purpose;
c) That there are no any circumstances of whatsoever nature that would render the transaction contemplated by this Loan Agreement, void or voidable at the option of the
Borrower, under the provisions of any Law in force in India;
d) That the Borrower is not a party to any litigation of a material character and that the Borrower is not aware of any fact likely to give rise to any litigation or to any material claims
against the Borrower;
e) that there is no action, suit proceeding, order or investigation pending and/or continuing or to the knowledge of the Borrower initiated by or against the Borrower before any Court
of Law;
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13. REPRESENTATIONS AND WARRANTIES OF THE LENDER
The Lender do hereby represents and warrants as under:
a) That the Lender has adequate legal capacity to enter into this Loan Agreement and perform his or her obligations hereunder.
b) That the Lender is not restricted to enter into this Loan Agreement by any Law or any other Loan Agreement;
c) That this Loan Agreement and all documents required to be executed under and/or in relation to this Loan Agreement constitute and will constitute valid and binding obligations
of the Lender enforceable in accordance with law.
14. POWERS CONFERRED BY THE BORROWER IN FAVOUR OF THE LENDER
The Borrower hereby irrevocably empowers and appoints the Lender to exercise any rights mentioned in this Loan Agreement and/or exercisable by the Lender on behalf of the
Borrower and also to act and represent the Borrower in such of the acts expressed to be necessary for the purpose of carrying out the terms and conditions of this Loan Agreement
and to represent the Borrower before all authorities including the Borrower’s employer, banker, etc. and the Borrower undertakes to furnish all such information, statements,
documents and the papers to be submitted or furnished or to be filed before any authority.
15. COVENANTS AND UNDERTAKINGS OF THE BORROWER
The Borrower do hereby agree, covenants and undertakes as under
a) That the Borrower shall pay and bear all expenses including stamp Duty and registration charges on actual basis and other charges and expenses which may be incurred in
preparation of this Loan Agreement and/or any other related or incidental documents as may be required to be executed in future in connection with the disbursal of the loan to the
Borrower by the Lender.
b) That in case, if the Lender incurs any legal or other charges or expenses for the recovery of any part of the Loan Amount together with Interest, Default Interest and Delay
Charges, then in that event the Borrower shall also be liable to pay the amounts paid by the Lender for such purposes along with interest on such amounts at the rate of Default
Interest mentioned hereinabove, from the date of receipt of demand notice by the Borrower.
c) That the statement of account forward by the Lender or by any other person or entity duly authorized by the Lender in that behalf to the Borrower, shall be accepted by the
Borrower as the conclusive proof of the correctness of the Lender’s claim due and payable by the Borrower on that particular date.
d) That the Lender as well as the LenDenClub shall be entitled to disclose and furnish to any of the Credit Information Agencies duly authorized by the RBI in that behalf, all such
data and information describing the manner in which the Borrower is performing his/her obligations arising under this Loan Agreement and the Borrower shall not be entitled to
raise any objection/s in respect thereof.
e) That the data and the information so disclosed and furnished by the Lender as well as by the LenDenClub to any of the Credit Information Agencies may be used or processed
by such Agencies in the manner as they may deem fit and proper to test the creditworthiness of the Borrower;
f) That the rights, powers and remedies given to the Lender by this Loan Agreement shall be in addition to all rights, powers and remedies given to the Lender by virtue of any other
statute or rule of law.
g) That the Lender at his/her absolute discretion may at any point of time set-off any of the obligation/s and/or the part of the obligation/s of the Borrower arising under this Loan
Agreement.
h) That at the absolute discretion of the Lender, the Lender shall be entitled to enforce this Loan Agreement himself/herself personally or through any other person or entity duly
authorized in writing by the Lender in that behalf and in that event all the covenants and undertakings given by the Borrower to the Lender shall be deemed to have been duly given
by the Borrower to such other person or entity who is duly authorized in writing by the Lender;
i) That the Borrower shall comply with all covenants, terms, conditions stipulated in this Loan Agreement and shall fully indemnify and keep indemnified the Lender from and against
all actions, proceedings, liabilities, claims, demands, loses, damages, costs, charges and expenses whatsoever in respect of or in relation to or arising out all obligations and
liabilities of the Borrower under this Loan Agreement.
16. JOINT COVENANTS OF THE LENDER & THE BORROWER
a) The Parties do hereby covenants with each other that LenDenClub has only facilitated their virtual meeting and as such the LenDenClub is not obliged under this Loan
Agreement. The Loan Agreement has been executed on a principal to principal basis between the two Parties. However, it is clarified that in case if the need so arises, any of the
Parties may approach the LenDenClub and duly authorize the LenDenClub in writing to take necessary steps for the full and faithful compliance of this Loan Agreement by the
other party and in such an event, the defaulting party shall not be entitled to take any objections in respect thereof.
b) That the information, representations and warranties furnished by the Parties from time to time on the website of LenDenClub and as mentioned in this Loan Agreement are true
and correct and as such no part of the information, representations and warranties furnished by the Parties are incorrect.
c) That the Parties have read and understood all the terms and conditions, privacy policy and other material available on the website of LenDenClub and do hereby covenant and
undertake to unconditionally abide by the same, without raising any defense of whatsoever nature in respect thereof.
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17. PROVISIONS REGARDING TERMINATION/CANCELLATION OF THIS LOAN AGREEMENT
Notwithstanding anything contained in this Loan Agreement, the Lender may at his/her option and without necessity of any demand or notice to the Borrower, all of which are
hereby expressly waived off by the Borrower, terminate this Loan Agreement upon happening of any of the following events and thereupon all the amounts due and outstanding by
the Borrower to the Lender on such day shall at once become due and payable by the Borrower to the Lender, irrespective of any agreed maturity date:
a) If the Borrower makes default in payment of two installments, due and payable to the Lender;
b) If any event or circumstances has occurred or may arise which is prejudicial to or impairs or imperils or depreciates or jeopardizes or is likely to prejudice, imperil or depreciate or
jeopardize any of the rights of the Lender arising under this Loan Agreement;
c) If any information furnished or representations made by the Borrower is found to be false, incorrect or incomplete in material particulars; and
d) If the Borrower is continuously, for a period of 15 days not traceable and/or not responding to the communications made by the Lender and/or the LenDenClub.
18. ALTERATION OR MODIFICATION
The Parties shall be at liberty to mutually amend or alter or modify any of the terms and conditions of this Loan Agreement and in particular to defer, postpone or revise the
repayment of the Loan Amount, Interest, Penal Interest and Delay Charges and/or any other monies which may become due and payable by the Borrower to the Lender, including
any increase or decrease in the rate of interest. However, it is clarified that all such amendment, alteration or modification must be writing and duly signed by both the Parties.
19. WAIVER
Any forbearance or failure or delay by the Lender in exercising any right, power or remedy hereunder shall not be deemed to be waiver of such right, power or remedy and any
single or partial exercise of any right, power or remedy hereunder shall not preclude the further exercise thereof and every right, power and remedy of the Lender shall continue to
be in full force and effect until such right, power and remedy is specifically waived by an instrument in writing executed by the Lender.
20. SEVERABILITY
If any provision or any part thereof of this Loan Agreement is determined to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall
attach only to such provision or the applicable part of such provision and the remaining part of such provision and all other provisions of this Loan Agreement shall continue to
remain in full force and effect.
21. GOVERNING LAW/JURISDICTION
This Loan Agreement shall be governed by and construed in accordance with the Laws of Maharashtra, India and any dispute between the Parties relating to or arising out of this
Loan Agreement shall be subject to the exclusive jurisdiction of Courts at Mumbai, India.
22. ENTIRE UNDERSTANDING
This Loan Agreement constitutes the whole Agreement between the Parties and supersedes any previous arrangement between the Parties in relation to the matters dealt with in
this Loan Agreement, provided that this clause shall not exclude any liability for (or remedy in respect of) fraudulent misrepresentation.
23. SURVIVAL
The Clauses of this Agreement which by their nature survive termination shall survive the expiry or termination of this Agreement.
24. TIME IS THE ESSENCE
The Parties hereby agree that time is the essence with respect to all dates and periods mentioned in this Loan Agreement (as may be modified/extended wherever permitted under
this Loan Agreement), for performance of their respective obligations under this Loan Agreement.
25. NOTICES
Any notice or demand to be given under this Loan Agreement shall be in writing; and shall be deemed to have been duly given if sent by email or by a courier service or registered
A. D. or personally delivered. Each notice or demand shall be addressed to the other Parties at the address mentioned above and a notice or demand so given or made shall be
deemed to be given or made on the day it was so left or; as the case may be, two business days following date on which it was so posted and shall be effectual notwithstanding
that the same may be returned undelivered and notwithstanding the Borrower’s change of address.
THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN. ELECTRONICALLY SIGNED by,
Borrower: Divya
Date: Sat Feb 22 13:17:17 2020
Location: Longitude: 78.6768486, Latitude: 10.8304195
IP: 157.46.66.28
Mac Address: 08:25:25:BF:EC:94
Lender(s)
LenderGroup ID: 790735586GL399015
Date: Sat Feb 22 13:17:17 2020
Agreed by P2P Platform on behalf of Lender(s) based on Electronic Authorization given by Lender(s)
P2P Platform: Innofin Solutions Pvt. Ltd
Date: Sat Feb 22 13:17:17 2020
Annexure 1 : Delay Charges
Details of the charges applicable in case Divya delays any EMI
Based on your loan amount of Rs. 10000.0, applicable delay charges will be as below:
1. If the Borrower has delayed his repayment upto a week (7 days from EMI date), he will be charged Rs. 250
2. If the Borrower has delayed his repayment upto 2 weeks (14 days from EMI date), he will be charged Rs. 500
3. If the Borrower has delayed his repayment upto 3 weeks (21 days from EMI date), he will be charged Rs. 750
4. If the Borrower has delayed his repayment upto 4 weeks, he will be charged Rs. 1000
5. For delays of an EMI beyond a month, the Borrower will be charged an additional 2% penal interest rate; on the overdue amount
Applicable Delay Charges will be divided among Lenders and the P2P Platform.
In addition to the above charges, Borrower will also be liable to pay visiting charges to the P2P Platform if any of the P2P Platform representative visits Borrower’s home or office to
collect EMI or when Borrower is not contactable through his registered email address or mobile number.
Charges conveyed & accepted by:
Borrower
Divya