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Bank Loan Contract

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Contract between Hospital and Bank

This Agreement made and entered on Tuesday, 12th March 2019, is between Sans Healthcare
Pvt Ltd. (borrower), a multi-speciality hospital unit having its head Office in New Delhi and
Yes Bank Ltd., a banking company within the meaning of the Banking Regulation Act 1949,
at its registered office in Pushp Vihar, New Delhi, where;
a) the Borrower has requested the Bank to provide a Term Loan; and
b) the Bank has agreed to provide such a loan to the Borrower on the terms and conditions
hereinafter appearing.
IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS HEREAFTER:
1. Expressions defined within the General Clauses Act, 1897, shall carry the same
meaning as assigned to it under the said Act.
2. Any reference to any enactment or statutory provision is a reference to it as it may have
been, or may from time to time, be amended, modified, consolidated or re-enacted.
3. The Bank agrees, based on the Borrower's request, representation, warranties,
covenants and undertakings as contained herein and in the application for Term Loan
to lend to the Borrower and the Borrower agrees to borrow from the Bank, the Term
Loan on the terms & conditions as fully contained in this Agreement.
4. The relationship between the Bank and the Borrower, as lender and Borrower shall
commence from the date of this Agreement and shall subsist until all monies due and
payable by the Borrower to the Bank under this Agreement, shall have been fully paid
to and received by the Bank.
5. The Bank shall credit the Term Loan to a designated bank account, details provided in
the Schedule in the name of the Borrower to be held with the Bank itself or with any
other bank or such bank to whom Electronic Debit Instructions are given.
6. The interest on the Term Loan shall accrue from the date of the Bank's disbursement of
the Term Loan to the Borrower and shall be computed:
a) taking the basis of 365 days in a year/366 days for a leap year
b) at the Interest Rate as stated in the Schedule or as maybe prescribed by the Bank from
time to time; and
c) on the actual amount outstanding on the last day of the preceding period.
7. The Borrower agrees and acknowledges that the Term Loan shall bear Processing
Charges and other such other charges as mentioned in the Schedule, which the
Borrower shall reimburse to the Bank in addition to the Term Loan and the interest
accrued thereon.
8. Upon happening of any event of default including non-payment of EMI, interests, fees,
charges, taxes and costs will attract interest at the Defaulted Interest Rate at the rate
specified in the Schedule on the principal outstanding from the date of default till the
date the default is cured.
9. The Bank shall at its sole discretion, be entitled to revise the Interest Rate and Default
Interest Rate on the Term Loan, without, assigning any reason for such revision and
such revised rates shall thereafter apply to the Borrower.
10. The Term Loan (including the principal, interest thereon and any other charges,
premiums, fees, taxes, levies or other dues payable by the Borrower to the Bank in
terms of this Agreement) shall be repayable by the Borrower to the Bank:
a) at the Branch (or at any branch of Bank or at any other place as maybe notified by the
Bank);
b) by way of EMI towards repayment of principal and interest;
11. If any amount payable herein falls due on a day which is not a Business day, then such
amount shall be paid on a Business day immediately preceding such day. Business day
shall mean a day on which the lending office of the Bank is open for business and
excludes Sundays and public holidays as defined under the Negotiable Instrument Act,
1881.
12. No notice, reminder or intimation will be given to the Borrower regarding his/ her
obligation to pay the EMI regularly on each due date as it shall entirely be his/ her
responsibility. Any delay or default in payment of any EMI shall make the Borrower
liable to pay to the Bank, interest at the Default Interest Rate (for the period of such
default) as mentioned in the Schedule.
13. The Bank shall:
a) In the event it is unwilling to continue the Term Loan on account of regulatory or other
reasons, the Bank shall have the sole right at any time during the tenor of this
Agreement to recall the entire or part of the Term Loan without assigning any reason
thereof.
b) Be entitled at its absolute discretion and in the manner it deems fit to disclose/publish
any information about the Borrower, his/ her account relationship with the Bank and/
or any default committed by him/ her in repayment of amounts/payment of interest to
its head office, other branch offices, affiliated entities, Reserve Bank of India, other
Banks, institutions, , its auditors, and such third parties including rating agencies as the
Bank may, in its sole and exclusive discretion, deem fit and proper.
c) The Borrower hereby gives its consent to disclosure by the Bank to such service
provider/ third parties confidential information relating to Borrower and disclaims any
liability that may arise by such disclosure by the Bank.
14. The Borrower declares that the information provided in the application for the Term
Loan and as contained herein is complete and true in all respects.
15. There are no threatened or pending claims, demands, litigation or liquidation
proceedings against the Borrower;
16. The Borrower declare that they are not prohibited by law from availing of the Loan.
17. Sans Healthcare Ltd. understands and acknowledges that the loan if provided by the
Bank, based on this agreement submitted by them, is a commercial transaction and they
waive any defence under usury or other law relating to charging of interest.
18. The Bank may, by a written notice to the Borrower, declare the Term Loan to have
become due and payable forthwith upon the occurrence of any one or more of the
following events:
a) The Borrower fails to pay to the Bank any amount on or before and payable under this
Agreement or furnish the PDCs or any other document/ agreement as may be required
by the Bank from time to time or if any PDCs are dis-honoured or EDI are not acted
upon.
b) The Borrower defaults in performing any of his/ her obligations under this Agreement
or breaches any of the terms & conditions of this Agreement.
c) Any of the information/document provided by the Borrower to avail the Term Loan or
any of the Representations and Warranties contained herein or Application form is
being found to be or becoming incorrect or untrue;
d) If there is reasonable apprehension that the Borrower is unable to pay his/ her debts or
any person other than the Bank commencing proceedings to declare the Borrower
insolvent or if the Borrower shall become bankrupt or insolvent or commit act of
insolvency.
19. It is clarified that upon occurrence of an Event of Default, the Bank shall be entitled to
adopt civil and/ or criminal proceedings against the Borrower, including for dishonour
of cheques under Section 138 of Negotiable Instruments Act.
20. The Parties agree that in any legal action or proceeding arising out of or in connection
with this Agreement, the entries made in the Books of Accounts maintained by the Bank
shall be prima facie evidence or debt and of all amounts payable, as therein recorded,
by the Borrower to the Bank.
21. The Parties confirm that this Agreement and its Schedule and any other documents
executed pursuant to this Agreement shall represent one single Agreement between the
Parties.
22. This Agreement shall be subject to Indian laws.
23. Unless the same falls within the jurisdiction of the Debts Recovery Tribunal established
under the Recovery of Debts due to Banks end Financial Institution Act, 1993, any and
all claims and disputes arising out of or in connection with this Agreement or its
performance shall be settled by arbitration by a single Arbitrator to be appointed by the
Bank. The arbitration shall be held, in the city where lending office of the Bank is
situated, in accordance with the provisions of the Arbitration and Conciliation Act,
1996.
24. Subject to the provisions of the Recovery of Debts due to Banks Financial Institutions
Act, 1993 and the arbitration provisions, the Courts in the city where lending office of
the Bank is situated shall have exclusive jurisdiction in relation to this Agreement and
all matters arising in connection herewith.
SCHEDULE

1. Date and Place of Execution of the Agreement: 12th March 2019, New Delhi
2. Address of the concerned Branch: YES Bank Ltd., New Delhi
3. Borrower Details:
a) Name: Sans Healthcare Ltd.
b) Address: Saket, New Delhi, Delhi.
4. Particulars of the Loan:
a) Purpose: For the purpose of purchasing land and developing it into a hospital.
b) Amount: Rs. 11.35 Crores
c) Rate of Interest: 12.5% per annum computed at monthly rests
The interest rate is subject to variation in consonance with RBI directions, statutory and
regulatory requirements, conditions of money market, availability of loanable funds etc.
Base Rate and Margin are subject to change from time to time.
d) Mode of Disbursement:
Credit of disbursements to account no. 017701234503
Of Sans Healthcare Ltd. maintained with YES Bank at its branch situated at Pushp
Vihar.
Tenure: 2 years
Repayment: 15 years
The loan granted herein is recallable on demand in the absolute discretion of the Bank.
In the event of recall by the Bank, the outstanding loan facility shall become due and
payable forthwith.
e) Charges for Late Payment: 5 % per month on overdue amount
f) Charges:
i. Processing Fee: 1.25% of the loan amount
ii. Cheque Dishonour Charges: Rs. 300 for first presentation and Rs. 100 for subsequent
presentation
iii. No Due Certificate/No Objection Certificate (NOC): Rs. 500 per NOC

The Borrower declares that the Agreement was duly read and understood by it prior to
Affixing signatures hereunder. The parties hereto have signed this agreement in
acceptance of all the terms and conditions stated herein on 12th March, 2019 in Pushp
Vihar.
Name of the Borrower: Name of the Lender:
Sans Healthcare Ltd. YES Bank
Directors Branch Manager
1. Sathvic Kollu 1. Shubham Sharma

2. Ajesh.S

3. Siddharth Baxi

4. Nidhi

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