Unsecured Loan Agreement
Unsecured Loan Agreement
LOAN AGREEMENT
MICRO BUSINESS LOAN
SECURED BY CEDIT GUARANTEE/UNSECURED
THIS LOAN AGREEMENT ("Agreement") is made on the The interest rate payable by the Borrower will be
day and place as mentioned in the Schedule by and subject to the changes in the interest rate made by
between the persons specified Schedule 1 as Borrower & Reserve Bank of India. The Borrower shall pay the
Co- Borrower collectively referred to as the "Borrower" The interest rate on the last day of every month (date)
expression 'Borrower', unless it be repugnant to the context until the Loan is repaid. If the interest remains due
or meaning thereof, shall mean and include: (i) in the event on the date, then the interest shall compound
that the Borrower is a Company within the meaning of the monthly. The interest shall be calculated on the
Companies Act, 2013 or a Limited Liability Partnership, basis of 365 day year and the actual days elapsed.
incorporated under the Limited Liability Partnership Act, MCLR shall mean the "marginal cost of funds based
2008, its successors; (ii) in the event that the Borrower is a lending rate" of the Bank as determined (and
partnership firm for the purposes of the Indian Partnership revised) in accordance with the guidelines issued by
Act, 1932, the partners for the time being and from time to RBI in this regard and corresponding internal
time and their respective legal heirs, executors and policies of the Bank, as reset from time to time and
administrators, legal representatives and successors; (iii) in notified by the Bank as its marginal cost of fund
the event that the Borrower is a sole proprietorship, the sole based lending rate. The Bank shall be entitled to
proprietor and his/ her legal heirs, administrators, executors reset the Margin as specified in the Sanction Letter
and legal representatives; (iv) in the event that the Borrower on the interest reset date and MCLR/ External
is an individual, his/ her legal heirs, administrators and Bench Mark Rate (EBR) at such frequency as the
executors; (v) in the event that the Borrower is a joint Hindu Bank deems fit. Bank shall also have right to reset
Undivided Family, the Karta and any or each of the adult the Margin consequent to any change in MCLR/EBR
members of the HUF and their survivor(s) and his/her/their and will also have the right to reset the MCLR/EBR if
respective heirs, executors, administrators; (vi) in the event RBI revises the standard provisioning requirement
that the Borrower is a society, the members of the of banking asset or RBI enhancing the risk
governing body of the Society and any new members weightage norms for banking asset or RBI changing
elected, appointed or co-opted thereon; (vii) in the event that the norms for classification of banking assets or
the Borrower is a Trust, the Trustee or Trustees for the time downward revision in the credit rating of the
being thereof and their respective legal heirs, executors, Borrower or the security provider or occurrence of
administrators and successors; of the First Part AND Event of Default or potential event of default or
Bank's internal review or RBI changing the policy of
AU SMALL FINANCE BANK LIMITED, a small finance bank
computation of MCLR/ EBR. Upon reset of MCLR/
having its registered office at 19- a, Dhuleshwar Garden,
EBR/ Margin, the Bank shall notify the Borrower of
Ajmer Road, Jaipur - 302001, Rajasthan, hereinafter called
the revised interest rate and the Borrower shall pay
as the "Bank/ Lender" (which expression shall unless it be
the revised interest rate from the reset date on the
repugnant to the context or meaning thereof shall mean and
Loan amount.
include its successors and assigns) of the Second Part. The
Borrower and the Bank are hereinafter referred to as the 1A.The Borrower accepts, acknowledges and
"Parties" and individually as a "Party". confirms that the Bank shall be entitled to deduct
upfront from the Loan amount (in the event not paid
WHEREAS
by the Borrower before disbursement), the charges
At the request of the Borrower, the Bank has agreed as specifically mentioned in the Sanction Letter/
to grant a loan of the amount ("Loan Amount/ KFS (KFS as annexed hereunder) and/ or any other
Facility Amount") specified in schedule 1 to the document related to the Loan at the time of
Borrower on the terms and conditions as mentioned disbursement of the Loan amount. The Bank shall
in the Bank's sanction letter/ offer letter (also as disburse the balance Loan amount to the Borrower
mentioned in schedule 1) duly accepted by the or any third party on behalf of the Borrower, as the
Borrower (hereinafter referred to as "Sanction case may be, and the Borrower shall be liable to
Letter" (including mutually accepted amendments in repay the Loan amount along with the interest as
writing) and as mentioned herein. agreed and on such dates/ intervals as and when
A. The Borrower agrees to borrow from the Bank and the same becomes due.
the Bank agrees to lend to the Borrower a loan as 2. Borrower shall ensure that adequate credit balances
mentioned in the Schedule I ("Loan/ Facility") and in are maintained in their account with the Bank at all
consideration of the Bank having agreed to grant the times to ensure payments of dues pursuant to the
Loan/ Facility, the Borrower irrevocably agrees and Loan/ Facility by each due date, as may be
undertakes and confirms to the Bank as follows; applicable.
1. The Borrower agrees to pay interest, APR(as 3. The interest rate as above shall be reset every
mentioned in KFS annexed below), commitment fee, quarter/half year/ annually or at such frequency as
penal charges and interest on overdue EMI/ the Bank deems fit.
installment/amount/interest payable on the Loan as
4. The interest rate is subject to variation in
follows: The interest rate applicable will be as
consonance with RBI directions, statutory and
specified in the Sanction Letter plus interest tax, as
regulatory requirements, conditions of money
may be applicable rate prevailing from time to time,
market, availability of loanable funds etc.
payable with monthly rests, or such other rate as
may be stipulated by the Bank and advised to the 5. The Borrower shall also pay to the Bank a
Borrower. commitment fee as specified in Sanction Letter. The
Loan/Facility (or any part thereof) may be disbursed
by the Lender/ Bank upon receiving a drawdown
request from the Borrower.
The entire Loan/ Facility should be availed of within Borrower to keep sufficient balance in its bank
the number of months, from the date of loan account to avoid any charges. On delay in the
sanction, as specified in the Sanction Letter repayment of EMI/ installment/ amount and/ or
("Availability Period"). The Borrower's right to make interest and/or any other repayment by the Borrower
drawls shall expire at the end of the Availability beyond such repayment due date, the Lender shall
Period ("Drawdown End Date"). However, the Loan/ be entitled to charge, in addition to penal charges, an
Facility sanctioned may be kept open at the sole interest equivalent to the interest rate of the Loan/
discretion of the Lender/ Bank for an additional Facility on the entire amount outstanding whether
period of such number of days beyond the on account of EMI/ installment/ amount and/ or
Availability Period as the Bank/Lender may deem fit. interest and/or any other repayment by the Borrower
If the Loan/ Facility is not drawn completely by the till the time such default in the repayment continues.
Borrower within the Availability Period, then the Bank 8. The Borrower commits to secure the Loan Amount/
shall be entitled to impose penalty, if any, as Facility Amount together with all costs, charges,
mentioned in the Sanction Letter. The mode and interest, liquidated damages and expenses and all
manner of disbursement is left to the sole discretion other moneys whatsoever due and
of the Lender/ Bank. All disbursements in favor of
the Borrower or to any third party on behalf of the 9. payable by the Borrower to the Bank ("The Said
Borrower shall be deemed to be made in favor of the Dues"), by creating the securities over its assets
Borrower under this Agreement which the Borrower ("Security") in favor of the Bank in the form and by
acknowledges being binding on them. executing such documents, as specified in Sanction
Letter.,
6. The Borrower agrees to pay to the Bank the amount
of any increased cost incurred by the Bank or any of 10. The principal along with interest of the Loan/ Facility
its affiliates as a result of shall, be repaid in the manner specified in Sanction
Letter. Provided that the Bank will be entitled to
i. The introduction of, or any change in, or any demand immediate repayment of the Loan Amount/
change in the interpretation, administration Facility Amount if any installment of interest/ Loan/
or application of, any law or regulation; or Facility installments remains unpaid on the due date
ii. Compliance with any law or regulation made for payment thereof.
effective after the date of the Sanction Letter. 11. The Borrower hereby warrants, assures, represents
Provided that the Borrower shall not be liable and confirms that
for payment of increased cost if:
(a) the Borrower, if it is a company, is duly
i. The increased cost is compensated incorporated and validly existing under the
for under another clause in this law of their jurisdiction of incorporation
Agreement or would have been but affecting its business and operations.
for an exception to that clause.
(b) all the information provided by the Borrower
ii. Increased cost is attributable to the to the Bank is true and accurate in all
Bank or its affiliates willfully failing to respects, are not misleading and does not
comply with any law or regulation. omit any material fact, the omission of which
"Increased Cost" in this agreement shall mean (a) an would make any fact or statement therein
additional or increased cost (b) a reduction in the misleading
rate of return from the Loan or on the Bank's (or it's (c) all the licenses, permits and authorizations
affiliate's) overall capital (including, without required for carrying on its business or
limitation, as a result of any reduction in the rate of industry have been obtained and are in full
return on the capital brought about by more capital force and effect
being required to be allocated by the Bank or one of
its affiliates or (c) a reduction of amount due and (d) the Borrower is in compliance in all respects
payable under this Agreement. with all applicable laws, including
environmental laws, and regulations
7. All amounts in default for payment (i.e. not paid by affecting its assets, its business and
the Borrower when due to the Lender) including operations and has good title to or valid
arrears of EMI, installment, interest before the leases or licenses of, or is otherwise entitled
commencement of EMI, costs, charges and to use its assets
expenses debited to the loan account and/or breach
of the terms and conditions of the Agreement by the (e) the Borrower has the power to avail of the
Borrower shall attract penal charges at the rate Loan/ Facility from the Bank and the total
specified in Schedule II hereunder. Such penal borrowings including the Loan/ Facility are
charges shall be paid by the Borrower from the date within the prescribed limits, if any
of occurrence of such payment default and/ or (f) the Borrower has the power and authority to
breach of the terms and conditions, as the case may execute, deliver and perform the terms and
be, until the entire default amount is paid and/or the provisions of this Agreement and has taken
breach is cured. The Borrower shall amortize the all the necessary action required to authorize
Loan/ Facility, if not demanded earlier by Bank as the execution, deliver and performance of
stipulated in and in accordance with and subject to this Agreement and upon execution, this
the terms & condition of the repayment schedule Agreement will constitute legal, valid and
hereto. Repayment Instruments, as specified in binding obligations of the Borrower
Schedule I, for EMI will be presented (as per enforceable in accordance with their
registered repayment mode) on EMI presentation respective terms
date as specified in the Schedule I.
(g) the entry into, delivery and performance by of the Borrower or taking of any action to
the Borrower of, and the transactions seize, attach, take possession of or appoint
contemplated by this Agreement do not and a custodian receiver, liquidator or manager in
will not conflict with any applicable law, with respect of the Borrower or any asset of the
the constitutional documents, if any, of the Borrower
Borrower; or with any agreement or (q) the Borrower has not committed any breach
instrument which is binding upon the under any agreement entered into with any
Borrower or on any of its assets person for availing any finance facility.
(h) no default is subsisting or might result from (r) Borrower to ensure that all interest/ fees/
the execution of, or the availing of the Loan/ charges debited to the Borrower's account is
Facility under this Agreement by the cleared on their respective due date.
Borrower
(s) The Borrower shall not be entitled to directly
(i) the most recent audited accounts of the or indirectly assign/ securitize or in any
Borrower have been duly audited and manner transfer, whether in whole or part,
prepared in accordance with applicable any rights, the benefit or obligations under
accounting principles and practices and this Agreement.
represent a true and fair view of its financial
condition and there has been no material (t) Appointment of Third Parties/ Recovery
adverse effect since the date on which those Agents: The Bank may, in its sole discretion,
accounts were drawn up exercise or discharge any of its rights,
functions, powers or duties under the
(j) all taxes and compliance reports have been Agreement either by itself (through its
filed in time and no claims are pending officers or employees) or through its
thereof appointed third parties (including recovery
(k) the Loan/ Facility is not being availed for any agents).The Borrower confirms and
activities relating to producing or consuming expressly consents to the Bank that upon
Ozone Depleting Substances, in terms of occurrence of an Event of Default, the Bank
montreal protocol to which Government of either by itself (through its officers or
India is a party employees) or through its appointed third
(l) none of the Borrower and its promotors, parties (including recovery agents), use the
directors and partners, affiliates, contact details provided by the Borrower and
subsidiaries or associate companies or Guarantor to the Bank to get in touch with
group companies are in default or been the Borrower/ Guarantor including their
included in any list of defaulters (including authorised signatory(ies)/ representative(s)
willful defaulters) of RBI or have committed and family members and disclose them
breach of any agreement with any person relevant details pertaining to the Loan.
who has provided loan or deposits or 12. Where the Borrower is an individual, he/she is not a
advances or guarantees or other financial director or specified near relation of a director of a
facilities to the Borrower or any regulatory or banking company; where the Borrower is a
statutory authority partnership firm/ HUF none of the partners or
(m) there are no legal or other adverse members of the HUF is a director or specified near
proceedings of any nature pending against relation of a director of a banking company; where
the Borrower or its promoter, directors, the Borrower is a joint stock company none of its
partners in management of the Borrower or directors, is a director or specified near relation of a
any of its assets which have a Material director of a banking company.
Adverse Effect 13. Where the Borrower is an individual, that he/ she is
(n) there are no encumbrances over the not a specified near relation to any senior officer of
Security, save and except as permitted by the Bank; where the Borrower is a partnership firm/
the Bank and the Borrower shall not HUF, none of the partners or members of the HUF, is
hereafter encumber such Security without a specified near relation of any senior officer of the
the permission of the Bank and that the Bank; where the Borrower is a joint stock company,
Borrower has a clear and marketable title/ none of its directors, is a specified near relation of
clear and transferable interest over such any senior officer of the Bank.
Security and further assure the Bank that the 14. None of its subsidiaries or associate companies or
same is free from any prior charge, lien or group companies have been identified or classified
encumbrance as a defaulter.
(o) the purpose and the business of the 15. The Borrower will execute necessary promissory
Borrower is legally and regulatory valid note and such further documents, forms and papers
(p) no notice has been served with respect to as the Bank may in its discretion from time to time
winding up, receivership ,custodian for the require. Each of the above representations will
Borrower or any of its assets or that the remain correct and complied with so long as the
Borrower be placed in bankruptcy; the Loan/ Facility and/ or any sum i.e The Said Dues
passing of a resolution for the winding up of thereunder remain outstanding.
the Borrower or any proposal or
apprehension for passing such resolution; a
scheme of arrangement, amalgamation or
reconstruction or composition with creditors
16. Borrower shall at all times during the currency of the financial statements including balance-sheet
Loan/ Facility, at its own cost, keep the Security fully and profit and loss account (in detail and not
insured against such risks and for such amounts in the abridged form) within 180 (one
and for such period and forms as the Bank may hundred eighty) days after the close of each
require, in the joint names of the Bank and the financial year;
Borrower or with the usual Bank security clause, iii. not to enter into any scheme of merger,
with any insurance company and shall deposit the amalgamation, compromise or
insurance policies and all cover notes premia reconstruction without the prior written
receipts etc., with the Bank against the Loan/ consent of the Bank;
Facility so given to him/her/it by the Bank.
iv. not to permit any change in the ownership or
The Borrower agrees that in addition to the control of the Borrower whereby the
aforesaid insurance it shall arrange for insurance effective beneficial ownership or control of
cover in respect of standing charges and loss or the Borrower shall change, without the prior
profit in business in the event of any stoppage of written consent of the Bank;
production for any reason whatsoever. The Borrower
shall make punctual payment of all premia and shall v. not to effect any material change in the
not do or suffer to be done any act which may management of the business of the
invalidate such insurances and will on receipt of any Borrower, without any prior written consent
moneys under the said policies, pay the same to the of the Bank;
Bank which shall, at the option of the Bank, be vi. not to make any amendments in the
applied either in reinstating or replacing the Security Borrower's Memorandum of Association and
or in repayment of The Said Dues. If the Borrower Articles of Association without the prior
shall fail to insure or keep insured all/ any of the written consent of the Bank;
Security as aforesaid, then the Bank shall without
vii. not to create, assume or incur any further
prejudice to or affecting its rights hereunder, be at
indebtedness of a long term nature whether
liberty (but not bound) to insure and keep the same
for borrowed money or otherwise, except
insured and the Borrower shall on demand repay to
with the prior written consent of the Bank;
the Bank all amounts spent or incurred by the Bank
in doing so, along with interest as applicable against viii. not to declare any dividend if any installment
the Loan/ Facility as aforesaid. towards principal or interest remains unpaid
on its due date.
17. The Borrower shall allow the representatives and/or
nominees of the Bank to visit and inspect from time ix. not to induct a person who is a director on
to time the project for which the Loan/ Facility is the Board of a company which has been
sought or the Borrower's premises, factories and identified as a willful defaulter and that in
other property, if any, and assets books of accounts case, such a person is found to be on the
and all other relevant accounts, documents and Board of the Borrower, Borrower would take
records. The costs and expenses of such visits and/ expeditious and effective steps for removal
or inspections shall be paid and borne by the of the person from the board of directors.
Borrower. x. the proceeds of the Loan/ Facility are not to
18. If at any time the value of the Security deteriorate in be utilized by the borrower for investments
order to create a deficiency in the margin in shares, debentures, advances and inter-
requirement specified by the Bank from time to time, corporate loans/ deposits to other
if any, the Borrower shall within seven days of notice companies (including subsidiary and other
from the Bank, deposit with the Bank additional group companies).
security in the form of cash or such other securities xi. the Borrower expressly recognizes and
which may be acceptable to the Bank, failing which accepts that the Bank upon granting the
the Bank may at its discretion sell or otherwise Loan/ Facility, shall be absolutely entitled to,
dispose off any or all of the said Security without and shall have full power and authority to
being liable for any loss or damage or diminution in sell, assign or otherwise transfer in any
value sustained thereby. manner whatsoever, in whole or in part, and
19. The Borrower hereby agrees, undertakes and in such manner and on such terms as the
confirms that it shall deliver to the Bank Repayment Bank may decide (including if deemed
Instruments, more particularly described in Sanction appropriate by the Bank reserving a right to
Letter/ Schedule I, towards the payment of the the Bank to retain its power to proceed
outstanding obligations along with the interest with against the borrower on behalf of the
the Bank named as the payee therein. purchaser, assignee or transferee) any or all
out standings and dues of the borrower, to
20. The Borrower further covenants as under:
any third party of the Bank's choice without
i. to furnish to the Bank all such information, any further reference or intimation or notice
statements, particulars, estimates and reports to the Borrower, and without seeking any
etc. as the Bank may require from time to time consent of the Borrower. Any such action
in order to comply with the terms of the Loan/ and any such sale, assignment or transfer
Facility. shall bind the Borrower to accept such third
ii. shall also submit to the Bank, in form and party as creditor exclusively or as a joint
detail satisfactory to the Bank, unaudited half creditor with the Bank or any other person,
yearly income statements of the Borrower as the case may be. Any costs in this behalf,
within 60 (sixty) days of the close of each whether on account of such sale,
semi-annual period and copies of audited assignment or transfer or enforcement of
rights and recovery of the Said Dues, shall be
to the account of the Borrower.
xii. The Borrower shall bear all costs of making Lender) bearing the signatures of the
good any deficit in stamp duty on the authorized signatories before the change or,
documents executed by the Borrower in in the alternative, Borrower shall issue fresh
relation to the Loan/ Facility and/ or security Repayment Instruments to the Lender or
created by the Borrower in favour of Bank. submit fresh Repayment Instruments duly
xiii. Borrower shall allow the Bank to audit and signed by new authorized signatory as the
inspect its books and records and the case may be. While all necessary steps
premises mortgaged, if any, and goods would be taken by the Lender to ensure safe
hypothecated to the Bank. holding of the Repayment Instruments and
having the same picked up , processed and
xiv. The Borrower declares that : I/ we hereby cleared through agents, courier agencies,
confirm that I/ we have handed over the correspondent bank(s), the same will be
Repayment Instruments towards the entirely at the my/ our risk and cost. ln the
repayment of EMI/as a security for the Loan/ event any Repayment Instruments issued as
Facility availed from the Lender or towards above by me/ us is lost in transit or
payment of insurance premium as specified misplaced or for any reason, I / we agree to
above and that all Repayment Instruments s give replacement of the Repayment
were drawn in favor of "AU Small Finance Instrument to the Lender immediately upon
Bank Limited". receipt of a written request from the Lender
I/ we hereby unconditionally and irrevocably in this regard. If I/we cancel the Repayment
authorize and confirm the authority of the Instruments given to the Lender or close the
Lender as per the provisions of Negotiable relevant bank account(s) or change the
authorized signatory for the relevant bank
Instruments Act ("the act") to fill in the date
account(s) or attempts to cancel the
and the amount on the said Repayment
Repayment Instrument without the prior
Instruments and to complete the Repayment
written consent of the Lender, such acts
Instruments in all respect and to present the
shall be deemed to have been committed
same for the payment. I/we shall ensure that
with a criminal intent to cause wrongful loss
the said Repayment Instruments are
to the Lender and would further be
honoured on presentation for payment. I/we
construed as an Event of Default and the
agree and acknowledge that I/ we have
Lender shall be entitled to initiate
issued the Repayment Instruments
appropriate legal proceedings including
voluntarily in discharge of legal debt owed to
criminal proceedings against me/us and the
the Lender by the Borrower. I / we agree,
Borrower, without prejudice to the Lender's
acknowledge and confirm that the
other rights and remedies under applicable
Repayment Instruments are also intended to
Law(s).
be utilized as Security by Lender against the
said Loan/ Facility and to apply the same for 21. The Borrower expressly recognizes and accepts that
recovery of the Said Dues from the Borrower the Bank shall, without prejudice to its right to
along with penal charges and interest on perform such activities itself or through its officer or
overdue EMI/installment/amount/interest, if servants, be absolutely entitled and have full power
any, in case of any default by the Borrower or and authority to appoint one or more third parties of
breach of any term of the Facility.. I/ we the Bank choice and to transfer and delegate to
hereby confirms that I am/ we are aware of such third parties the right and authority to collect
the fact that any dishonor of any Repayment on behalf of the Bank all amounts hereunder and to
Instrument so issued by me/ us and perform and execute all acts, deeds, matters and
presented by the Lender for payment,, would things connected therewith or incidental thereto
constitute an offence under provisions of including sending notices of demand, attending the
The Negotiable Instrument Act, 1881 and the residence or office of the Borrower or otherwise
Lender may take such action against me/us contacting the Borrower, receiving the installments
as may be advised. Prior to the Repayment vide Repayment Instruments in the name of the
Instruments issued by me being exhausted, Bank entering into a compromise with the Borrower,
I/ we shall issue fresh Repayment giving a valid receipt and granting effectual
Instruments to the Lender, and such discharge to the Borrower and generally performing
instruments would be governed by the all lawful acts as the third parties may consider
provisions of this Agreement. The Borrower appropriate for the purpose. For the purpose
shall not to take any steps, which in any way, aforesaid or for any other purpose at the discretion
affect or are likely to affect the payment of the Bank, the Bank shall be entitled to disclose to
thereunder to the Lender including, without such third parties all necessary or relevant
limitation, any stop payment instructions. In information pertaining to the Borrowers and the
the event that there is any change in the Loan, and the Borrowers hereby consent to such
authorized signatories for its relevant bank disclosure by the Bank. Notwithstanding the above,
account(s), Borrower shall either give the Borrowers expressly accept and authorize the
unconditional and irrevocable instructions to Bank (to disclose such to third party information
the bank on whom the Repayment pertaining to the Borrowers and the Loan and the
Instruments have been drawn to clear and Borrowers hereby consents to such disclosure by
honour all such Repayment Instruments the Bank.
(details of which shall be provided to the
22. The Borrower shall furnish upon demand any other In the event of any such cancellation/ reduction/
security in such form and value as may be required revocation/modification and/or recall, all the provisions of
by the Bank from time to time in amounts and this Agreement and all other related documents shall
values sufficient at all time in the opinion of Bank to continue to be effective and valid and the Borrower shall
secure the payment of the Loan/ Facility provided repay the outstanding dues under this Agreement duly
here and any other obligations of the Borrower and punctually as provided herein.
towards the Bank. 30. The occurrence of any one or more of the following
23. The Borrower confirms that the Borrower shall events shall constitute an Event of Default. On the
utilise the said Loan/ Facility only for the purposes question whether any of the above events/circumstances
of its business as set forth in its application for has occurred/happened, the decision of the Bank shall be
Loan/Facility. final, conclusive and binding on the Borrower:
24. In the event the Borrower fails to pay when due any (i) The Borrower defaults in payment of principal or
sum which it may owe to the Bank and the Bank interest of any obligation of the Borrower to the
shall commence legal proceedings to recover such Bank when it is due and payable.
sum, the Borrower will further pay the Bank all cost (ii) The Security tendered to the Bank or the charges
and expenses, including legal fees, incurred or paid created thereon in Bank's favor shall become
by the Bank in exercising any right, power or remedy wholly or partially invalid or unenforceable.
conferred by this Agreement.
(iii) The Borrower shall for any reason cease or be
25. The Borrower agrees that any accretion to the said unable to carry on business or appointment of a
Security (if any) and other benefits from time to time receiver for Borrower's assets.
accruing in respect of the said Security or any part
thereof shall also be hypothecated/pledged with the (iv) Any representation, warranty or statement made
Bank by the Borrower. by the Borrower proves to have been incorrect or
misleading in any respect when made or deemed
26. The Borrower shall not without the prior written to be made and if the Borrower commits any
consent of the Bank transfer or create/ allow to be breach or default in performance or observance
created in any manner any charge, lien, of these presents or failure to keep or perform
hypothecation,, pledge or other encumbrance any of the terms or provisions of any other
whatsoever on any of the Security charged to the agreement between the Bank and Borrower in
Bank to secure the Loan/Facility. respect of this Loan/ Facility.
27. The rights, remedies and powers given to the Bank (v) The Borrower does not upon demand furnish
by this Agreement shall be in addition to all rights acceptable additional or alternate security or
powers and remedies given to the Bank by virtue of Borrower fails to create security in favour of
any other security, statute, or rule of law. The Bank Bank.
may exercise a banker's lien or right of set- off with
or without notice with respect to any obligation of (vi) If Borrower dies.
the Borrower to the Bank in the same manner as if (vii) If Borrower ceases or threatens to cease its
the obligation were unsecured and shall have a lien business.
on all monies, property, if any, or securities of the
(viii) There exist circumstances which in the opinion of
Borrower in the Bank's possession or custody
the Bank prejudicially affects or may affect the
whether for safe- keeping or otherwise. In case of
Borrower' ability to pay/ repay the principal and
any deficit, the deficit amount can be recovered
interest thereon or pay the Said Dues or any
from the Borrower. In this regard, the Borrower shall
amount due to the Bank and/ or the Borrower
execute Annexure I and/ or any other document as
commits any default in the payment of principal
the Lender may deem necessary.
amount or interest of any obligation of the
28. The Borrower confirms that the Lender shall at any Borrower to the Bank when due and payable.
time, without any consent of or notice to the
(ix) There is change in ownership, management and
Borrower be entitled to securitise, sell, assign,
control of the Borrower without prior written
novate discount or transfer all or any part of the
consent of the Bank.
Lender’s right and obligations under this Agreement
or other loan documents, to any person and in such (x) If there is deterioration or impairment of the
manner and on such terms as the Lender may securities or any decline/ depreciation in the
decide. And any such sale, assignment, novation, market value (actual or reasonably anticipated),
securitization or transfer shall conclusively bind the which may cause securities in the opinion of the
Borrower. Bank to become unsatisfactory as to character or
value.
29. The Borrower confirms that the Lender may,
absolutely and unconditionally, reduce, revoke, (xi) If the Borrower, suspends making payment on
cancel and/ or modify any undrawn/ unavailed/ any of its debts or, by reason of actual or
unused portion of the Facility (in whole or part) at anticipated financial difficulties, commences
any time during the subsistence of this Agreement, negotiations with any one or more of its creditors
at its sole- discretion, without giving any prior notice (or any class of them) with a view to rescheduling
to the Borrower(s) or without assigning any reasons any of its indebtedness or makes a general
thereof. The Lender shall also be entitled to recall assignment for the benefit of or composition with
any disbursed amount of the Facility together with its creditors of admits or is ordered to pay any
interest, fees, costs, charges and expenses and all liability and such liability is not paid when due;
other amounts payable by the Borrower under this and if
Agreement.
(a) The value of the assets of the assets of (ix) The Borrower is unable or has admitted
the Borrower is less than its liabilities; in writing its inability to pay any of its
(b) A moratorium is declared in respect of indebtedness as they mature or when
any indebtedness of the Borrower; due.
(c) A liquidation order has been passed (x) If the Borrower without prior written
against the Borrower in accordance with consent of the Bank attempts to create
the provisions of the Insolvency and any charge, pledge, hypothecation, lien
Bankruptcy Code, 2016; or any other encumbrance over the
Borrower's assets or any part of the
(d) A resolution plan in respect of the assets which is made as Security for the
Borrower is not submitted to the repayment of the Loan/ Facility.
adjudicating authority at the end of the
insolvency resolution process period (xi) If the Borrower being a partnership is
under the Insolvency and Bankruptcy under the process of dissolution or is
Code, 2016; dissolved.
a. the Borrower's address or 47. In case of any breach in terms of any Event of
facsimile number; and Defaults as stated hereinabove, the Bank shall
have the rights to sell, dispose off or realise the
b. the Bank's address or facsimile securities on such terms and conditions including
number of its zonal / regional price that the Bank in its sole opinion thinks fit
office specified in the Sanction and apply the proceeds thereof towards
Letter, or to such other address or satisfaction of the Loan/ Facility including
facsimile number as may be charges and expenses, if any. Any violation of
designated by the Borrower and covenant of Borrower under this Agreement shall
the Bank in writing to each other. also constitute Event of Default .
The Borrower acknowledges and
confirms that notice, if any, 48. Notwithstanding anything contained above, the
provided by the Bank, as specified Bank may without notice to the Borrower in its
in this paragraph or in any other sole discretion, share the credit risk of the whole
manner whatsoever, of any or a part of the Loan/ Facility with any other
changes in rate(s) mentioned person by way of participation. Notwithstanding
above or any notice from the Bank such participation, all rights, title, interests,
for payment of amounts at the special status and other benefits and privileges
changed rate(s), enjoyed or conferred upon or held by the Bank
under this Agreement shall remain valid, effective
shall be treated by the Borrower and enforceable by the Bank on the same terms
as sufficient and reasonable and conditions and the Borrower shall continue to
notice to the Borrower and the discharge in full all its obligations under this
Bank is not bound to issue any Agreement to the Bank. The Borrower shall not
further notice of such changes to have and shall not claim any privity of contract
the Borrower. with such person on account of any reason
43. The entries made in the accounts / account whatsoever. Any such sale, assignment or
books / records of the Bank maintained in transfer shall conclusively bind the Borrower.
accordance with its usual practice and in
compliance with the statutory requirements and /
or a statement signed by a designated officer of
49. The Borrower undertakes and acknowledges that information/documents relating to the Borrowers
it is the responsibility of the Borrower to provide and the guarantors (pertaining to the Loan/
the Bank with the appropriate records/ Facility availed by the Borrower) to any third party
communication address to determine the relevant appointed by it. The Borrowers and the
location of the recipient of service. In case of any guarantors further authorize the Lender to
tax or related demand due to failure of the disclose said information / documents to RBI,
Borrower to provide the correct address, the income tax authorities, credit bureau, third
same will be borne by the Borrower. parties, credit rating agencies, databanks,
50. The Borrower unconditionally agrees, undertakes corporates, banks, financial institutions or any
and acknowledges that the Bank has an other government or regulatory authorities,
unconditional right to cancel the outstanding un- statutory authorities, quasi-judicial authorities.
drawn commitments under this Agreement at any 55. REGULATORY DECLARATION
time during the currency of the Loan/ Facility and Declarations (in case Borrower is a company): By
that the Bank shall endeavour to provide prior signing this Agreement, the Borrower hereby
intimation of the same to the Borrower. The declares that as at the date hereof, none of its
Borrower unconditionally agrees, undertakes and directors or guarantor (or any of its directors, if
acknowledges that the Bank shall have the right applicable) is a director/ senior officer of a
to unconditionally cancel its outstanding un- director/ senior officer of a banking company, or
drawn commitment in the event of deterioration in a specified near relation of a director/ senior
in the Borrower's creditworthiness. officer of the Lender. Except to the extent
51. The Borrower undertakes and acknowledges that disclosed to the Bank, all the Borrower's contracts
it is the responsibility of the Borrower to or agreements with, or any commitments to, any
communicate the GSTIN number of particular affiliates or group companies (if applicable) are
state for the purpose of billing. In case of on arm's length basis. Further, no director of the
unregistered Borrower, the address as given Bank is a director, manager, managing agent,
under Borrower's details would be considered for employee or guarantor of the Borrower/ its
the purpose of computation of GST. In case of subsidiary/holding company, or holds substantial
registered applicants, the address given under interest, in the Borrower/ its subsidiary/ holding
Borrower's Details shall be considered as the company and no directors of any other Bank,
registered place of business for the purpose of including directors of scheduled cooperative bank
computation of GST. Please note that for the and directors of subsidiaries/ trustees of mutual
purpose of this agreement, registered applicant fund/ venture capital funds holds substantial
would mean a person registered under the GST interest or is interested as director or as a
Act. For the purpose of this clause, the term 'GST' guarantor of the Borrower. The Borrower or any
shall include the Central Goods and Services Tax directors/ promoters/ associate concerns/ of any
('CGST'), the State Goods and Services Tax of the Borrower (including the guarantor) are not
('SGST'), Integrated Goods and Services Tax and, to the best of their knowledge:
('IGST'), Union Territory Goods and Services Tax a. on the Export Credit Guarantee
('UTGST') and any other taxes levied under the Corporation's (ECGC's) specified
GST related legislations in India as may be approval list; or
applicable. The term 'GST legislation/s' should be
accordingly interpreted. b. convicted under the provisions of
Conservation of Foreign Exchange
52. Any security(ies) furnished by the Borrower, under and Prevention of Smuggling
any other agreement entered into or to be entered Activities Act, 1974; or
into with the Lender, shall be deemed to be the
security(ies) under this Agreement and shall not c. on RBI's willful defaulters/ caution
be discharged till such time all the loan(s)/ list; or
Facility(ies) are fully discharged to the d. on the Lender's defaulter list; or
satisfaction of the Lender. The Borrower
e. or not qualified to act as director
expressly agrees and accepts that in the event of
in accordance with applicable
any default being committed by the Borrower
Law.
under any other agreement with the Lender, under
which the Borrower is enjoying financial/ credit In case where the above negative confirmations/
facility, such event, shall be considered as an declarations are not true, then the Borrower shall
Event of Default occurred under this Agreement provide a written declaration with details of such
and the Lender, shall be absolutely entitled to relationship to the Lender. If the details of such
exercise all or any of its rights under this declaration change during the term of the Facility,
Agreement including right to set off in respect of then the Borrower shall promptly provide a written
any amount standing to the credit of the Borrower declaration to the Lender of any such changes.
in any/ all of the Loan/ Facility(ies) availed/ to be 56. The Borrower hereby gives specific consent to the
availed from the Lender. Bank/ Lender for disclosing / submitting the
53. This Agreement and all documents executed 'financial information' as defined in Section 3 (13 )
under/ in relation to this Agreement shall be of the Insolvency and Bankruptcy Code, 2016
governed by and construed in accordance with ( 'Code' for brief ) read with the relevant
the laws of India. Regulations/ Rules
54. The Borrowers and the guarantors confirm that
the Lender may for the purposes of credit
reference checks, verification, assignment, etc.
disclose any
framed under the Code, as amended and in force e. the procedure for giving
from time to time and as specified there under repossession to the Borrower and
from time to time, in respect of the Credit/ f. the procedure for sale / auction of
Financial facilities availed from the Bank/ Lender, the Security Unless otherwise
from time to time, to any 'Information Utility' ( 'IU' agreed by Bank any payment due
for brief ) as defined in Section 3 ( 21 ) of the and payable under the Agreement
Code, in accordance with the relevant regulations and made by the Borrower or
framed under the Code, and directions issued by received by Bank would be
Reserve Bank of India to the banks from time to appropriated towards such dues
time and hereby specifically agree to promptly in the order, namely:
authenticate the 'financial information submitted
by the Bank/ Lender, as and when requested by i. EMI or principal amount of the Loan
the concerned 'IU. ii. PEMI
57. All matters, questions, disputes, default, iii. Costs, Charges, Expenses, incidental
difference and or claims arising out of and/ or charges and other monies that may have
concerning and/ or in connection and/ or in been expended by Bank in connections
consequence of breaches, termination or with recovery;
invalidity thereof or relating to this Agreement,
iv. Penal charges, interest on over EMI/
whether or not obligations of either or both
installment/ amount/ interest and/ or
parties under this Agreement be subsisting at the
liquidated damages on defaulted
time of such dispute and whether or not this
amounts;
Agreement has been terminated or purported to
the terminated or completed shall be settled by v. Commitment Charge and Fees;
arbitration in accordance with the provision of vi. towards the interest on costs, fees &
Arbitration and Conciliation Act 1996 or any charges and other expenses; costs, fees
statutory amendment thereof and shall be & charges and other expenses; interest
referred to the sole arbitrator to be nominated by on arrears of the Loan/ Facility;
the Lender/ Bank. The award given by the sole repayment of the Loan/ Facility; the
arbitrator shall be final and binding on all parties balance, if any, towards the Said Dues
to all parties to the Agreement. The seat of owed by the Borrower under any other
arbitration shall be Jaipur, Rajasthan. In respect agreement entered into with the Lender
of the matters where it is determined in an or in such manner as the Lender may in
arbitration proceeding conducted in accordance its sole discretion consider necessary or
with the preceding paragraph that (i) the expedient.
arbitration proceeding provided in such paragraph
is unenforceable; or (ii) the subject matter thereof 59A. Grievance Redressal Mechanism:
is non-arbitrable under the Indian Arbitration and For redressal of any grievance arising out of this
Conciliation Act 1996, as amended, in such a Agreement, the Borrower may adopt the redressal
situation, courts in Jaipur, India will have mechanism laid down in the grievance redressal
exclusive jurisdiction in relation to such matters, policy of the Bank which is uploaded on the
each party irrevocably waives any right it may Bank’s website www.aubank.in and/ or may
have to object to an action being brought in any contact the nodal grievance redressal officer, as
of those courts, to claim that the action has been per the matrix and on the email/ phone number
brought in an inconvenient forum or to claim that provided in the KFS attached to this Agreement.
those courts do not have jurisdiction. 60. The date of execution of this Agreement shall be
58. Bank shall be entitled to contact the Borrower and the date as mentioned in Schedule 1. In case the
the guarantor for any promotional campaign/ date is kept blank under Schedule 1 of this
offers through any electronic media including Agreement and the document is digitally/
WhatsApp. Timely repayment of the Loan/ electronically signed, the date of execution of this
Facility is essence of this contract. Agreement shall be the date when the Agreement
59. The terms and conditions of this Agreement is was last signed digitally/ electronically by either
adhered with the terms and conditions of the party (“Last Digital Date”). With respect to date of
Recovery Policy as per the RBI circular wherein execution of documents executed in relation to
Parties will abide by provisions regarding the Loan/Facilities, the same understanding shall
be applied where the document is to be signed by
a. notice period before taking more than one person.
possession
61. The Borrower hereby irrevocably agrees and
b. circumstances under which the consents to electronic and/ or digital stamping
notice period can be waived and/ or execution of this Agreement and related
c. the procedure for taking documents in any manner as deemed fit by the
possession of the Security Bank including but not limited using Aadhar or
One Time Password (OTP) or Biometric based
d. a provision regarding final chance
authentication or USB token based Digital
to be given to the Borrower for
Signature Certificate (DSC).
repayment of Loan/ Facility
before the sale / auction of the
Security.
62. The Borrower hereby irrevocably agrees, consents 66. The Borrower irrevocably agrees and consents
and authorizes the Bank to use the Borrower’s/ that the authorized signatory is hereby authorized
authorized signatories’ Aadhaar details and core to authenticate/ e- sign/ affix digital signature for
biometric information to authenticate and verify the purposes of the Loan/ Facilities on any e-
the Borrower/authorize signatories. The Borrower platform/digitized platform as may be desired by
hereby irrevocably agrees and consents that by the Bank.
entering the OTP and/or providing the fingerprint The Borrower understands and agrees that the
impression (Biometric KYC) of the Borrower / Borrower shall keep its electronic devices used
authorized signatories, it shall be treated as for execution of this Agreement fully updated and
implied and voluntarily consent of the Borrower / protected against any virus, malfunction or cyber
authorized signatories to the Bank to validate the related threats. The Borrower agrees that neither
PAN and use the Aadhaar details for Aadhaar the Bank or any e- service/ software provider
biometric authentication and the Borrower hereby intermediary shall be held responsible for any
authorizes the Bank to fetch the Borrower’s/ failure or defect of Borrower’s equipment, other
authorised signatories’ personal details from software, facilities, third party applications
National Securities Depository Limited (NSDL) employed by the Borrower, or internet
and from Unique Identification Authority of India connectivity or for any reasons in relation to the
(UIDAI) respectively. use of the e-platform/digital platform of the Bank
63. The Borrower hereby irrevocably agrees, consents or through any vendor/ s appointed by the Bank
and accepts that the Agreement and related and electronic and/ or digital stamping and/ or
documents may be executed/ digitally stamped/ execution of this Agreement and related
stored through the e-platform/digital platform of documents.
the Bank or of / through any vendor/ s appointed 67. The provisions mentioned in clause 60-66 shall
by the Bank and also accept terms of such apply to all the documents digitally executed by
platform related to execution, e- stamping, data the Borrower and/ or Co- borrowers in relation to
storage etc. The Borrower accepts that the the Loan/Facilities.
documents accepted and/or executed on such e-
platform/ digital platform, shall be valid and 68. The Borrower hereby confirms, acknowledges
binding upon the Borrower and can be relied upon and agrees that the online acceptance of this
and used by the Bank as a proper form of Agreement including any addendums hereto
evidence and the undertakes not to raise any through the Website or such other internet or
dispute or question as regards the terms and web- based means results in a binding contract
conditions accepted thereon and as regards the between the Parties.
documents executed on the electronic/ digital 69. The Borrower is aware that transmission of this
platform. The Bank or such third party vendors Agreement, addendums to this Agreement, terms
shall be entitled to collect all data of the Borrower and conditions, instructions, acceptances and
relating to IP address, location of the computer or communications (‘Communications’) through
other instrument used for execution and video electronic means such as email, facsimile, SMS
recording for confirming the transaction. text messaging, WhatsApp, websites, online
64. The Borrower hereby irrevocably agrees and acceptance, etc. (‘Electronic Media’) involves a
accepts that any communication received and/or number of risks including fraudulent alterations
sent from the Bank / third party vendors/ agents and incorrect transmissions and absence of
etc. appointed by the Bank, whether by way of an confidentiality. However, the Borrower is desirous
SMS, email etc. on the registered mobile of receiving Communications from and providing
numbers/ email id(s) of the Borrower/ Borrower’s Communications to the Bank through the
authorized signatories available with the Bank Electronic Media for various matters under this
shall be treated as valid and binding upon the Agreement including in relation to the Loan/
Borrower. The Borrower also agrees consents Facility and the operation thereof.
and accepts that the Bank shall be at liberty to 70. In consideration of the Bank permitting the same,
treat the registered mobile number/email id of the the Borrower hereby irrevocably, confirms and
Borrower/ Borrower’s authorized signatories as undertakes to the Bank as under: (a) The Bank
valid and permitted cell number / email id for shall be entitled (without being bound to do so) to
communication. rely upon the Communications provided through
65. That disbursement of the Facilities into the the Electronic Media (and believe the same to be
account of the Borrower would be implied genuine), for their requirements. In case of any
consent of the Borrower to avail the Loan/ question as to what Communications were
Facilities and to abide by all terms and provided or received, the records of the Electronic
conditions of the Agreement and related Media received by the Bank shall be treated as
documents and the same shall be valid and final, conclusive and binding. (b) The Borrower
binding upon Borrower and no dispute shall be has ensured and shall ensure that the
raised as regards the authority of the authorized Communications provided through the Electronic
partners/ signatories or otherwise in respect of Media to the Bank are provided by the Borrower
the documents executed in favour of the Bank. and hereby agrees and confirms that the Bank
shall not be responsible for conducting any
verification whatsoever in this regard.
(c) The Borrower confirms that the Bank shall not
be bound to act in accordance with whole or any
part of the communications as it may appear in
the Communications so conveyed and the same
shall be at the sole risk of the Borrower. (d) The
Bank shall not be liable for the consequences of
any act or any refusal or omission to act or
deferment of action by the Bank on basis of the
Communications through the Electronic Media.
(e) The Bank shall not be required to await receipt
of the Communications in writing before taking
any action in connection with the
Communications provided through any Electronic
Media and the non-delivery and non-conformity of
such Communications in writing shall not in any
manner prejudice the Bank’s rights under this
Agreement or otherwise. (f) The Bank may at any
time whatsoever without assigning any reason
withdraw or modify or add the facility/ ies
provided to the Borrower in relation to the
Communications through Electronic Media. (g)
The Borrower is aware and confirms that the
Bank is agreeing to act on any Communications
provided through Electronic Media only by reason
of and relying upon the undertaking and
indemnities contained in this Clause.
DRAWDOWNSCHEDULE
Annexure:
Prepayment Charges for Partial prepayment
Slab Applicable Charge*
a) If paid upto 6 months from last 5% of Amount which is Partial Prepaid
disbursement date
b) If paid after 6 months & upto 12 No prepayment charge to be taken if total amount deposited in FY up to 25% of POS
months from last disbursement (starting of FY)
date
5% of total amount partial prepaid in FY, if sum of all part prepayment crosses the limit
of 25% of opening principal in starting of FY. i.e., Charges will be applicable on the
total amount partially pre-paid in the same FY.
c) If paid after 12 months from last No prepayment charge to be taken if amount deposited up to 25% of POS (starting of
disbursement date FY)
3% of total amount partial prepaid in FY, if sum of all part prepayment crosses the limit
of 25% of opening principal in starting of FY. i.e., Charges will be applicable on the
total amount partially pre-paid in the same FY.
Prepayment Foreclosure charges for Full closure
a) If paid before 12 months from 5% of Balance amount at the time of closure
last disbursement date
b) If paid after 12 months from last 4% of Balance amount at the time of closure
disbursement date
Notes:
1. Schedule of charges shall be uploaded on AU Small Finance Bank Ltd. website:
https://www.aubank.in/service-fee
2. Under the credit guarantee scheme, charges (if any) stipulated by respective regulatory body shall prevail over the above
mentioned & will be applicable with immediate effects.
3. The above charges are standard, bank may apply charges either as per this schedule or as per bilaterally accepted terms
between customer and the bank.
4. The above charges are at maximum level, for any discount or waiver on above charges shall be approved by respective
authority as per charges approval matrix.
5. Part payment will be applied over the Principal outstanding, post adjustment of due EMI and Charges, if any.
6. GST and other Government taxes applicable as per prevailing rate will be charged over and above the fees and charges.
7. Bank do not levy any loan related and ad hoc service charges/inspection charges on priority sector loans up to ₹ 25,000.
8. If customer makes part payment in tranches, then the tranche in which total part pre-payments done in FY crosses 25% of
POS in the starting of the FY, then prepayment charges will be applicable on all the part payments done earlier in same FY.
9. Minimum part payment amount should be equal to 3 EMIs.
10. No part payment is allowed in Partial disbursed cases and can be made only in full disbursed cases.
11. Default effect will be given on tenure only i.e., tenure will be reduced until written request to give impact on EMI is given by
the customer.
12. Impact of part prepayment in both EMI & Tenure is not allowed. In exceptional cases, bank can ask for additional/updated
documents from the customer along with the submission of supplementary agreement signed by all the customers in the
loan with applicable stamp duty & charges.
13. The terms and conditions, as defined by AU Small Finance Bank, apply. Please refer www.aubank.in for Further details.
KEY FACT STATEMENT
1 Clause of Loan agreement relating to The Bank may, in its sole discretion, exercise or discharge any of its rights, functions,
engagement of recovery agents powers or duties under the Agreement either by itself (through its officers or employees)
or through its appointed third parties (including recovery agents).
2 Clause of Loan agreement which details Call : 1800 1200 1200
grievance redressal mechanism
Call Center
Email : [email protected]
3 Phone number and email id of the nodal Branch/Asset Centre (Please visit www.aubank.in to
grievance redressal officer Level 1 locate nearest branch/ asset
centers)
The Grievance redressal Call: +91-8690998401
Level 2 officer
Timings: 9.15 am to 6:15 pm
Office Address: -19- A, Monday to Saturday (except second
Dhuleshwar Garden, Ajmer and fourth Saturdays and Bank
Road, Jaipur, 302001 Holidays)
Email:grievance.redressal@aubank.
in
The Principal Nodal Officer Call: Phone Number : 0141-
Level 3 6660645
Office address :- Jaipur 19-
A, Dhuleshwar Garden, Timings : 9.15 am to 6:15 pm
Ajmer Road, Jaipur, 302001 Monday to Saturday (except second
and fourth Saturdays and Bank
Holidays)
Email:[email protected]
Instalment No. Outstanding Principal Principal (in Rupees) Interest (in Rupees) Instalment (in Rupees)
(in Rupees)
1 900000 0 4400 4400
2 849164 50836 12000 62836
3 797650 51514 11322 62836
4 745449 52201 10635 62836
5 692552 52897 9939 62836
6 638950 53602 9234 62836
7 584633 54317 8519 62836
8 529592 55041 7795 62836
9 473817 55775 7061 62836
10 417299 56518 6318 62836
11 360027 57272 5564 62836
12 301991 58036 4800 62836
13 243182 58809 4027 62836
14 183588 59594 3242 62836
15 123200 60388 2448 62836
16 62007 61193 1643 62836
17 0 62007 827 62834
ANNEXURE I
To,
ANNEXURE II
(Example of SMA, NPA Classification and NPA Upgradation Term Loan Cases)
1. IRAC Circular Refer Para No. 2.1.2 (i) - interest and/ or instalment of principal remains overdue for a period of more than 90
days in respect of a term loan Example Description - SMA and NPA Classification of Term Loan Cases based on overdue
date.Example Detail: If due date of a loan account is March 31, 2021, and complete dues are not received before the lending
institution runs the day-end process on this date, the date of overdue shall be March 31, 2021. If it continues to remain overdue,
then this account shall get tagged as SMA-1 upon running day-end process on April 30, 2021 i.e. upon completion of 30 days of
being continuously overdue.Accordingly, the date of SMA-1 classification for that account shall be April 30, 2021.Similarly, if the
account continues to remain overdue, it shall get tagged as SMA-2 upon running day- end process on May 30, 2021 and if
continues to remain overdue further, it shall get classified as NPA upon running day-end process on June 29, 2021. This is further
elaborated as below mention table:
IRAC Circular Refer Para No. 4.2.5 - If arrears of interest and principal are paid by the borrower in the case of loan accounts
classified as NPAs, the account should no longer be treated as nonperforming and may be classified as 'standard' accounts.
Example Description - Upgradation of NPA Account: loan accounts classified as NPAs may be upgraded as 'standard' asset only if
entire arrears of interest and principal are paid by the borrower
*Upgradation of Account to standard category can be done after total pending due of Rs. 40000 is received from borrower by the
Bank
2. IRAC Circular Reference Para No. 4.2.7 (c) - Asset Classification to be borrower-wise and not facility-wise Para No. 4.2.7.1 -It is
difficult to envisage a situation when only one facility to a borrower/ one investment in any of the securities issued by the
borrower becomes a problem credit/ investment and not others. Therefore, all the facilities granted by a bank to a borrower and
investment in all the securities issued by the borrower will have to be treated as NPA/ NPI and not the particular facility/
investment or part thereof which has become irregular.
Example Description - NPA Classification on based on borrower wise and not facility wise.
Example: If any Facility of customer is classified as NPA upon running day-end process as on date, all the facility of the customer
need tobe classified NPA upon same day. It is further explained as below mention table:
IRAC Circular Refer Para No. 4.2.5 - If arrears of interest and principal are paid by the borrower in the case of loan accounts
classified as NPAs, the account should no longer be treated as nonperforming and may be classified as 'standard' accounts.
Example Description - Upgradation of NPA Account: loan accounts classified as NPAs may be upgraded if arrears of interest and
principal are repaid in all the facilities of the borrower
*Upgradation of Borrower's accounts to standard can be done if arrears of interest and principal are repaid in all the facilities of
the borrower
DECLARATION
The Borrower acknowledges to have read and understood all the foregoing terms of this Agreement, including the Schedules and
Annexures to this Agreement and is affixing its signature (physical/digital as the case maybe)/thumb impression/ common seal
on the last page of this Agreement evidencing the same. The Borrower further agrees and confirms that the Parties shall not be
required to sign at each page of this Agreement and the signatures at the last page of this Agreement would be sufficient for the
purposes of this Agreement.
Borrower confirms that whatever has been stated hereinabove in this Agreement is true and correct to the best of its knowledge
and belief and the Borrower has entered into this Agreement voluntarily, with full knowledge of its effect and signing of this
Agreement at the last page shall be construed as signing of each and every page of this Agreement and all other documents.
To,
AUSMALLFINANCEBANKLIMITED
19-A, Dhuleshwar Garden,,
Ajmer Road,
Jaipur - 302001,
Dear Sir/Madam
This is in reference to your Sanction Letter as mentioned in the Schedule granting us Loan / credit facilities as mentioned in the
Schedule. We the Borrower as mentioned in the Schedule do hereby irrevocably authorize you to debit my/our Loan account no as
mentioned in the Schedule and/ or SB/CA/CC/OD account no as mentioned in the Schedule maintained with Au Small Finance
Bank Limited at the branch as mentioned in the Schedule towards Processing fee, Interest , Installment, Expenses , Other
Charges, Commissions, Costs, Insurance Premium and Principal Amount as may be applicable in relation to the above said credit
facilities as per sanctioned terms and conditions mentioned in above mentioned Sanction Letter.
The Parties acknowledge and agree that the date of this letter shall be the date as mentioned in Schedule. In case the date is kept
blank under Schedule of this letter and if the document is digitally/electronically signed, the date of this letter shall be the date
when the letter was last signed digitally/ electronically by the Borrower/ executor (“Last Digital Date”). With respect to date of
execution of documents executed in relation to the Facility/Loan, the same understanding shall be applied where the document is
to be signed by more than one person.
We are aware that on the faith of this letter you have agreed to provide the said Loan / Credit Facilities to us.
Yours truly,
SCHEDULE - I
To,
AU Small Finance Bank Limited,
Jaipur_Gopalpura_Asset Center 9000
Ref: Loan Application No as mentioned in the Schedule and Loan Account No. as mentioned in the Schedule in the name of
Borrower as mentioned in the Schedule
Sub: End use of funds borrowed fromAU Small Finance Bank Limited ("Bank")
Dear Sir,
I/ We, refer to the Application No. and date as mentioned in the Schedule. I/ We had availed the facility as mentioned in the
Schedule ("Facility") vide facility agreement dated as mentioned in the Schedule ("Facility Agreement"). The Facility is utilized for
below mentioned purpose as mentioned in the Schedule
I/We hereby represent, warrant and confirm that the aforesaid purpose is a valid purpose and is not speculative or illegal in any
manner.
I/We further agree, confirm and undertake that the purpose of use of funds under the Facility shall not be changed/ has not been
changed in any manner during the tenor of the Facility under the Facility Agreement; or that such change in purpose shall take
place only with the prior written permission of the Bank.
I/ We agree that any breach or default in complying with all or any of the aforesaid undertaking(s) will constitute an Event of
Default under the facility agreement and/or the Lender may initiate any prompt action as may be necessary at its sole discretion
including and not limited to recall of the facility.
I/We agree that any breach or default in complying with all any of the aforesaid undertaking(s) will constitute an Event of Default
under the Facility Agreement.
The Parties acknowledge and agree that the date of this letter shall be the date as mentioned in Schedule. In case the date is kept
blank under Schedule of this letter and if the document is digitally/electronically signed, the date of this letter shall be the date
when the letter was last signed digitally/ electronically by the Borrower/ executor (“Last Digital Date”). With respect to date of
execution of documents executed in relation to the Facility/Loan, the same understanding shall be applied where the document is
to be signed by more than one person.
SCHEDULE
I.......................................................
R/o ........................................................
..........................................................
1. My name is .........................................................................
2. I am also known as .........................................................................
3. Both the signature i.e., . .........................................................................
and .........................................................................
4. That my signature are ........................................................................
That apart from the aforesaid names and signature I do not name and sign in any other manner.
DEPONENT
VERIFICATION
I, the above name deponent do hereby verify that the contents of my above affidavit are true and correct to my knowledge and
belief and nothing material has been concealed there from.
Verified at ................................................................................ (Place) on this ...................................................................................day
of ................................................................................
DEPONENT
SIGNATURE VERFICATION LETTER
This is to certify that the entity as mentioned in Schedule below is maintaining a Current/Saving bank account bearing number as
mentioned in Schedule below with the bank as mentioned in Schedule below and operating that account in the normal course of
its business / activities. The authorized signatory for the operation of the account is as mentioned in Schedule below. His/hers
signature as appearing below is duty attested (as per the records available with the bank.)
The Parties acknowledge and agree that the date of this letter shall be the date as mentioned in Schedule. In case the date is kept
blank under Schedule of this letter and if the document is digitally/electronically signed, the date of this letter shall be the date
when the letter was last signed digitally/electronically by the Parties (“Last Digital Date”). With respect to date of execution of
documents executed in relation to the Facility/Loan, the same understanding shall be applied where the document is to be signed
by more than one person.
SCHEDULE
Date: 02/07/2025
To:
Jaipur_Gopalpura_Asset Center,
Dear Sir,
This deed of hypothecation("Deed")is made and executed at the date and place as mentioned in Schedule I by The persons set
forth in Schedule I (Description of Borrower) (hereinafter referred to as the "Borrower", which expression shall unless it be
repugnant to the meaning or context thereof be deemed to mean and include its successor(s) and permitted assign(s)) of the
ONE PART;IN FAVOUR OF
AU Small Finance Bank Limited,a small finance bank having its registered office at 19-A Dhuleshwar Garden, Jaipur, Rajasthan
(hereinafter referred to as the"Lender"which expression shall, unless it be repugnant to the subject, meaning or context thereof,
be deemed to mean and include its successor(s) and permitted assign(s) of the OTHER PART.
The Borrower and the Lender shall collectively be hereinafter referred to as the "Parties" and individually as a"Party".
WHEREAS:
A. The Borrower has approached the Lender for a loan/credit facility as mentioned in Sanction Letter and the Lender has
agreed, at the request of the Borrower, to grant to the Borrower a loan of an amount as mentioned in Schedule I
(hereinafter referred to as the "Loan/Credit Facility") subject to and in accordance with and for the purpose mentioned in
loan/ credit facility agreement executed by the Borrower for availing Loan from the Lender (hereinafter referred to as
"Loan/Credit Facility Agreement").
B. The Borrower has accepted the terms and conditions stipulated by the Lender and in consideration of the Lender
providing the Loan/Credit Facility to the Borrower, the Borrower agrees that it shall secure the Loan/Credit Facility, inter
alia, by a first and exclusive charge/ pari passu charge as per sanction letter, by way of hypothecation of its Assets.
C. The Lender has called upon the Borrower to execute these presents which the Borrower has agreed to do in the manner
hereinafter expressed.
(i) The Borrower shall keep the Assets in good and marketable condition.
(ii) The Borrower shall pay all rent, taxes, any other charges in respect of the premises where the Assets are stored
and to display the name of the Lender as the entity in whose favour the assets stored therein are charged.
(iii) The Borrower shall pay all taxes (including stamp duty) in connection with the execution, enforcement and
performance under this Deed and the registration thereof.
(iv) This Deed shall be registered, if required by the Lender. In the event the Borrower is a company, form CHG-1 with
respect to security creation under this Deed over the Assets shall be filed with the Registrar of the Companies
within thirty (30) days of execution of this Deed. Upon submission of a copy of this Deed and the prescribed
CHG-1 containing the prescribed particulars for registration of the registrable charges created hereby, forthwith
on the execution of this Deed to the Registrar of Companies, the Borrower shall comply with all the legal
requirements necessary to create a valid and enforceable hypothecation in favour of the Lender, and will have
obtained all necessary consents, approvals and permissions.
The Borrower acknowledges to have read and understood all the foregoing terms of this Deed, and the Schedule to this Deed and
is affixing its signature (physical/ digital as the case maybe)/ thumb impression/ common seal on the last page of this Deed
evidencing the same. The Borrower further agrees and confirms that the Parties shall not be required to sign at each page of this
Deed and the signatures at the last page of this Deed would be sufficient for the purposes of this Deed.
Borrower confirms that whatever has been stated hereinabove in this Deed is true and correct to the best of its knowledge and
belief and the Borrower has entered into this Deed voluntarily, with full knowledge of its effect and signing of this Deed at the last
page shall be construed as signing of each and every page of this Deed.
SCHEDULE - I
IN WITNESS WHEREOF the Borrower hereto has executed this Deed on the day and year hereinabove written.
The contents of the Loan Application, Sanction Letter, Loan Agreement, power of attorney, memorandum of deposit of title deeds,
declaration, promissory note and terms and conditions in other documents such as Letter of Guarantee and any other related
ancillary documents have been explained by me to the applicant/ co- applicant/ guarantor/ mortgagor in
________________________________ (name of language in which applicant/co-applicant/guarantor/mortgagor has signed) and the
same have been understood by the applicant/co-applicant/guarantor/mortgagor
For the Borrower
Name: Signature: