Signature Not Verified
Signature Not Verified
To,
Satguru Fillers
Takhtu Chak
Tarn Taran
Punjab 143117
Dear Sir(s)
With reference to your request, we are pleased to sanction the following credit facilities as per the terms and
conditions given here under:
This sanction is subject to the acceptance of Terms and conditions mentioned in this sanction letter and more
particularly detailed in the Facility documents/Master Facility Agreement and submission of required documents,
detailed below, unless specifically waived by the Bank.
3. Guarantors :
In Case of external benchmark the reference rate shall be reset by the Bank once in three months or at such
intervals as may be permissible under the RBI guidelines /regulations from time to time.In case of MCLR reference
Rate the applicable Banks MCLR shall be reset by the Bank in accordance with the tenure/tenor frequency of the
MCLR being[overnight]/[one-month]/[three-month]/[six-month]/[one year] MCLR.The Borrower hereby further agrees
that the applicable interest rate shall change in accordance with every reset/change of the Reference Rate or change
of the spread by the Bank.On the date of actual release of the loan / Credit limit in case the reference rate value
changes, the spread mentioned herein would be adjusted by the bank keeping the Interest Rate intact.
6. Purpose :
b) Penal Charge Levy : The Borrower hereby agrees that interest @ 18.00% p.a. shall be
charged on the temporary overdrawn limit (TOD). The explanation
given as below.
For example, Limit as per drawing power is Rs.20,00,000/- and Limit
utilised is Rs.25,00,000/- then contract rate of 10.50% p.a. will be
charged on Rs, 20,00,000/- and higher interest will be charged @
18% p.a. on overdrawn amount of Rs.5,00,000/-.
The Borrower further agrees that penal charges @ 0.075%
fortnightly will be charged on the delay/default/breach on any terms
and conditions of the Sanction Letter/Facility Agreement.
c) Commitment Charges : Charged @ 0.000 % p.a. on quarterly basis, on the entire unutilized
portion, if average utilization is less than 60 %.< Only for CC / OD
facility >
d) Stock Statement : To be submitted _____ with ageing detail, on or before the 7th day
of the month.< Only for CC facility>.The Book debts statements will
not include receivables from affiliates of the borrower(including
subsidiaries and employees.
f) Stock Audit Charges : For Sanctioned Limits upto Rs. 5 Cr : Rs.8,000/- plus taxes as
applicable.For Sanctioned Limits above Rs 5 Cr: Rs.12,000 / -plus
taxes as applicable.
g) Conversion Charges (For revising rate : @ 0.25% plus taxes as applicable on loan outstanding in case of
of interest) Term loan and on sanctioned amount for other Working Capital
Facility(e.g.Cash Credit / Overdraft etc.) or Rs. 5, 000 plus taxes as
applicable, whichever is higher.
h) Cersai Charges for creation / : Rs 100/- per Collateral security for each creation/ modification of
modification of security interest on charges.
collateral securities
Additional Conditions
Credit Covenants
Credit Covenants
.
CAM Covenants
Declaration
1 Any increase in project cost on account of any item not listed in the project details submitted for evaluation and /
or time or cost overrun will be funded by infusion of Long term funds by the promoter.
2 No dividend to be declared/ no withdrawal in form of salary/remuneration/incentive/ commission by the
promoters/ directors in case of Overdues with bank.
3 None of the directors of the Borrower is a director or specified near relation of a director of a banking company.
4 To route all sale proceeds through HDFC Bank only and other bank accounts to be closed within 1 month of
disbursal / takeover.
5 Promoters tangible net worth including unsecured loan to be maintained at Rs. _____ Lacs as on _____ during
the currency of the overdraft.
6 No withdrawals of unsecured loans of Rs. _____ Lacs during the currency of the overdraft.
7 No interest to be paid on unsecured loans in case of any over dues with Bank.
8 Unsecured Loans will be converted into Equity as and when required to maintain a positive tangible Net worth.
9 The funds will not be utilized for any speculative, illegal and investing in Capital market purposes but will be
utilized only for Working Capital Requirements.
10 The insurance on stock and property to be assigned in favor of HDFC Bank within 30 days after the date of
disbursement in the event of noncompliance of the same HDFC Bank reserves the right to debit the credit
facility A/c/Current account for the insurance premium and get the policy assigned in the favor of the bank.
11 Adequate Insurance policy for stock and property to be obtained and duly assigned in favour of the Bank.Policy
to be submitted atleast 30 days in advance.
12 "Borrower is required to ensure the satisfaction of Charge in CERSAI registry on collateral offered as a security
prior to release of facility and in case of take over from any other financial institution / Bank, such satisfaction of
charge to be ensured within 10 days of facility closure with that Institution / Bank. Borrower to share relevant
transaction and asset ids to HDFC Bank."
2 All Interest rates are linked to Reference Rate. The current Reference Rate (_________________________)
is_____% per annum which shall be subjected to revision from time to time. The prevailing Reference Rate can
be checked at our website www.hdfcbank.com. The interest payment frequency for the credit facilities is
monthly in nature.
3 The facilities availed in foreign currency are linked to LIBOR/ FCNR(B) or appropriate benchmark rates and are
subject to availability of foreign exchange with the Bank.
4 In event of Overdue Unserviced Interest Amount, Bank reserves the right to recover the monthly overdue
interest amount on the 7th of the subsequent month from your current account under the same customer ID.
This transaction will take place subject to the availability of funds in the current account.<Only for CC/OD
facility>
5 The interest rate offered for Export Packing Credit and/or Post Shipment facilities is inclusive of subvention and
is subject to guidelines stipulated by RBI from time to time.HDFC Bank Ltd. ('Bank') reserves the right to change
this rate in case of export subvention being changed or withdrawn by RBI.
6 Bank based on the representations made by the Borrower and the furnishing of financial statements by the
Borrower has extended the above mentioned Credit Facilities. The commitment to the proposed facilities is
subject to:
a. Guarantors not to issue any Personal Guarantee for any other loans without prior written permission of
HDFC Bank except for Car Loans, Personal loans, Home loans, Education loans to be obtained for self and
family members
b. We are pleased to offer you a preferential rate of 0.00 interest for the above facilities. This will be incumbent
upon your shifting all your business and family accounts to us and that HDFC bank will become your preferred
bank for all your personal and business needs. The interest rate will be reviewed at the time of renewal every
year.
c. Borrower shall not have any accounts with other Banks / Financial institutions (for sole banking).
d. Borrower shall not divert any funds to any purpose and launch any new scheme of expansion without prior
permission of HDFC Bank.
7 Borrower is required to submit bank statements of other banks in the multiple banking arrangement / consortium
alongwith stock and book debts statements every month. (for multiple banking arrangement / consortium).
8 Limits are reset on the basis of DP every month and there will be no separate intimation on the same.
9 Processing fees are not refundable once the loan has been sanctioned.
10 Credit Facilities are payable on demand and are subject to annual renewal. Renewal documents are to be
submitted 60 days prior to the valid upto date as mentioned in the facility details above.Bank reserves the right
to charge an additional 2% interest rate on the outstanding amount in case the documents are not submitted
within the due date. This would be over and above any additional charge, if any, that may have been levied to
the customer.
a) Failure to comply with the takeover formalities in respect of the facilities including creation and perfection of
security in favor of the Bank will constitute an event of default under the facility documents executed by you with
the Bank and the Bank shall be entitled to exercise all the rights available on the occurrence of an event of
default, including without limitation our right to recall/ withdraw the facilities and to take steps (such as legal
proceedings, enforcement of security etc.) to recover the amounts disbursed under the facilities
b) The Borrower to submit No Charge on asset/No Dues/Satisfaction of charge certificate from the existing
Bank within 15 days of the first disbursement, failing which an additional interest of 2% on the outstanding
amount would be charged to the borrower.
12 In case of a failed takeover, Bank reserves the right to charge the Borrower 1% of the total limits sanctioned as
Fore-closure charges.
13 Laminated documents will not be accepted, Borrower needs to delaminate the same at his own expenses prior
to loan disbursals or carry-out forensic test of the document by bank identified vendor. However please note
bank reserves the right to accept the document based on the forensic report.
14 All documents evidencing “documents of title to immovable property” must be originals only. Bank reserves the
right to accept certified true copy of any “documents of title to immovable property”.
15 Prepayment / Takeover Charges:
The Borrower shall give the Bank a minimum of 30 days prior notice of its intention to prepay or foreclose whole
or part the Facility. The applicable prepayment or takeover charges shall be as follows:
Bank hereby reserves the right to enquire or ask the documentary proof of source of funds for any prepayment /
foreclosure request of facility/ies and the Borrower is bound to furnish the same forthwith upon Banks demand.
16 The Bank will have the right to review its facilities in case of any change in the ownership of the Borrower
enterprise. The Borrower to immediately inform HDFC Bank with regard to changes in the shareholding pattern,
if any.
17 Nothing contained in this sanction letter should be deemed to create any right or obligation or interest
whatsoever in favour of or against any party and the Borrower shall be liable to execute appropriate loan
documents as required by the Bank.
18 The Bank shall also be entitled and authorized to debit the Borrower’s Current / Cash Credit/ Overdraft Account
No. against Processing fees, Insurance Charges and any other fees/charges as applicable for releasing the
facility
19 The Borrower shall not transfer, sell, lease, grant on license or create any third party interest of any nature
whatsoever on the Security without the prior written consent of the Bank.
20 The Borrower to ensure that the stocks are stored in the premises as disclosed to HDFC Bank and such
premises to be adequately insured.
21 The Borrower shall also maintain adequate insurance on these stocks which are customarily insured with the
name of the Bank as loss payee in all such policies and deliver to the Bank evidence of the same.
23 Subsidy scheme undertaking (applicable only for subsidy related schemes) - This loan, as per the Bank internal
assessment, is eligible to be governed under the _____. However as approval/ sanctions by _____ is under
their sole discretion, the Bank being a nodal agency will not be held liable for any rejections/ future claims/
compensation whatsoever arising on account of such rejections. The Bank will endeavor to exercise its best
efforts to dispatch/ deliver the documents to _____. The Bank, being a nodal agency, will not under any
circumstances be liable for any delay/ non-receipt of documents at _____ regardless of the cause of such
delays and any loss arising out of such delays.
24 The Bank reserves an unconditional right to cancel the undrawn/unused/unavailed portion of the loan/facility
sanctioned at any time during the currency of the Loan/Facility, without any prior notice to the borrower. Such
instances will be notified within 30 days. If such change is to your disadvantage, you may within 60 days and
without notice close your account or switch it without having to pay any extra charges or interest.
25 The Borrower undertakes that no consideration whether by way of commission, brokerage fees or any other
form, would be paid by the Borrower to the Guarantor in whatever form, directly or indirectly for the issuance of
the guarantee as security for the Facility
26 All terms not specifically defined herein shall have the meanings as described to them in Schedule 1 here under
written.
27 The Borrower shall deliver to the Bank and where applicable, cause the Security Provider(s) to deliver to the
Bank (such that, for the Security Provider(s), all references to the Borrower below shall be deemed to mean
references to the Security Provider(s)), the following, in a form and content acceptable to the Bank:
a) Certified true copy of the constitutional document and the proof of incorporation of the Borrower;
b) In the event the Borrower is a company incorporated under the provisions of the Companies Act, 1956 or the
Companies Act, 2013, a certified true copy of the resolution passed by the board of directors authorizing the
negotiation and availing of the Facility on the terms of the Transaction Documents and the execution of the
Transaction Documents and the execution of all other documents as may be required by the Bank in connection
with the Facility;
c) In the event the Borrower is a company incorporated under the provisions of the Companies Act, 1956 or the
Companies Act, 2013, a certificate from the statutory auditor that the availing of the Facility is within the limits
set out under Section 180(1)(a) and 180(1)(c) of the Companies Act, 2013. The Borrower shall provide a
certified true copy of a shareholders resolution approving the availing of the Facility by the Borrower;
(iii) a joint stock company and any of its directors is a director or a specified near relation of a director of a
banking company/ financial institution, or at any time during the currency of this Facility, becomes a specified
near relation of a director of a banking company/ financial institution, details of the relationship of the Borrower
with the director of the banking company/ financial institution;Provided that, in the event Clauses (d) is not
applicable and unless otherwise declared to the Bank in writing, the Borrower hereby declares that he is not a
director or specified near relation of a director of a banking company/ financial institution.
28 Under sole Banking relationship, you shall deal with the Bank/HDFC Bank exclusively, post availing working
capital credit facilities from HDFC Bank. Your entire business & personal family accounts relating to your activity
should be restricted only through HDFC Bank.
a. The Borrower agrees to avail credit linked insurance policy assigned in favour of the Bank,to cover mortality
risk on its /Partners/Directors life during the tenor of the credit facility.
b. The Borrower do not agree to avail credit linked insurance policy assigned in favour of the Bank, to cover
mortality risk on its /Partners/Directors life during the tenor of the credit facility".
30 We are pleased to offer you a preferential rate of interest for the above facilities, considering your loan being
classified under Priority sector lending. However, if the loan is reclassified into Non-PSL as per the
guidelines/directions/rules/ regulations notified by RBI, the bank is entitled to modify the interest rate and reprice
the above facilities upwards by 100 basis points and the Borrower agrees and confirms to pay interest as per
such modified interest rate on the facilities and related amounts on and from the date of such modification.
(Applicable only for PSL classified customers).
31 HDFC Bank would levy Annual charges, Pre closure charges and Penal charges in case of an Event of default,
as per the Facility documents/Master Facility Agreement/Term Loan Agreement.
32 Property documents not collected beyond 60 days will attract custody charges as applicable (please refer to the
Charges section @ HDFC Bank website).
33 In case of strike off notice raised by MCA then bank will intimate and block the exposure within 30 days.
SCHEDULE 1
Definitions
Capitalised terms used herein shall have the meanings ascribed to them as under:
a. “Additional Security” shall mean such further Security as may be required and accepted by the Bank
or the Security Trustee from the Borrower or any Security Provider from time to
time, in its absolute discretion, as security for the Obligations of the Borrower.
b. “Deposited Documents” shall mean such documents as may be required by the Bank to be executed by
the Borrower or any Security Provider(s) (including all Security Documents
executed by the Borrower or the Security Provider(s) in favour of the Bank or
the Security Trustee, as the case may be) including copies of all filings to be
made or caused to be made by the Borrower for creation and perfection of the
Security in favour of the Bank or the Security Trustee, as the case may be.
c. “Event of Default” shall have the meaning assigned to it under the Master Facility Agreement;
d. “Facility” shall mean the credit facility availed or to be availed of by the Borrower under
the Master Facility Agreement;
e. “Facility Schedule” shall mean the Schedule 1 attached to the Master Facility Agreement in relation
to the Facility, setting out terms applicable to the same.
f. “Facility Sub-limit” shall mean the limit up to which the Borrower may avail any Fund Based
Sublimits and/or Non Fund Based Sub-limits at the discretion of the Bank.
g. “Foreign Currency Rate” shall mean either the LIBOR rate or the FCNR(B) rate or other
appropriatebenchmark rate;
k. “Non-Fund Based Sub- shall mean the non fund based sub limits availed of by the Borrower as set out
limits” under the Facility Schedule and/or the Sanction Letter, subject to the terms and
conditions as set out under the Transaction Documents.
l. “Obligations” shall mean all amounts payable to the Bank by the Borrower or any of the
Security Provider(s), pursuant to the terms of the Transaction Documents,
including without limitation:
(i) the principal amounts, interest amounts, arrears of interest, indemnities,
guarantee amounts, any additional charge on account of default in payment as
may become due and payable by the Borrower or any of the Security Provider
(s), under the Facility availed of by the Borrower from time to time; any monies
as may be advanced or costs incurred by the Bank or the Security Trustee in
order to create, enforce, perfect and preserve the Security and the security
interest of the Bank or the Security Trustee therein;
(ii) all expenses relating to the collection and enforcement of the Borrower’s
/Security Providers obligations as set out hereinabove, or of any exercise by the
Bank or the Security Trustee, of its right under the Master Facility Agreement or
the Security Documents, as the case may be, together with any and all legal/
judicial fees and costs;
(iii) any indirect taxes paid by the Bank which are directly connected and/or
attributable to the Facility including any stamp duty/ registration costs or any
other such statutory charges in relation to, the Transaction Documents; and
(iv) such costs, increased costs or liability borne by the Bank.
m. “Operative Account(s)” shall mean such current account(s)/ cash credit account or any other account(s)
as may be maintained by the Borrower with the Bank.
o. “Sanction Letter” shall mean this letter (including its Schedules) issued by the Bank, sanctioning
the Facility on the terms and conditions as mentioned hereunder and any
revisions thereto from time to time as may be notified by the Bank in a manner
the Bank may deem fit.
v. “Reference Rate” shall mean such benchmark or reference rate, whether internal to Bank or
external, in the discretion of the Bank, which shall be the reference rate or
benchmark rate for determining the total of Rate of Interest applicable at a given
time (whether by adding spread or similar margin, as per provisions of this
agreement/ sanction letter) and which reference rate shall be specified by the
Bank from time to time as being the reference rate applicable in relation to the
loan or part thereof, as the case may be, as part of the total Rate of Interest. For
clarity, such Reference Rate could be any of the base rate, Marginal Cost of
Funds Based Lending Rate (MCLR), or any other type of rate as may be
permissible or required from time to time now or in future in terms of any
applicable law including any regulatory requirements of the Reserve Bank of
India, and as shall be specified by the Bank as Reference Rate from the time
being from time to time.
SCHEDULE 2
Cash Credit, Overdraft, Working Capital Demand Loan, Overdraft Against Property and Cheque Protect
This Sanction Letter is valid for a period of 30 days from the date of issuance.The Facility will only be made available
subject to the Borrower executing the Master Facility Agreement with the Bank. In the event the Borrower and the
Bank do not enter into the Master Facility Agreement within 30 days from the date of issuance of this Sanction Letter,
this Sanction Letter shall expire.
Kindly sign and return the duplicate of the Sanction Letter as a token of your acceptance of the terms and
conditions of sanction. Kindly also call on our Relationship Manager/ SM for execution of necessary security
documents.
I/ We have read and verified the entire contents of the aforesaid Sanction Letter including the information, the Loan
Details, the Terms and Conditions, Other Terms and Conditions and Special Conditions; and I/ We further
irrevocably agree with/to, accept, acknowledge and confirm all of them and all other contents of the Sanction Letter
on all the page no’s ____to ___.
"Yours Sincerely",
Name:
Designation:
Email ID:
Mobile No:
Working Capital
HDFC Bank Ltd.
Designation:
Date: