Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Loanagreement

Download as pdf or txt
Download as pdf or txt
You are on page 1of 13

Page 1 of 13

Fast Track Loan Agreement


This Fast Track Loan Agreement (‘Agreement’) is made at the place and on the date mentioned in the Schedule I hereto.

By and Between:

Tata Motors Finance Limited, a company within the meaning of the Companies Act 2013, and a non-banking finance company
registered under Chapter IIIB of the Reserve Bank of India Act, 1934 and having its Registered Office at 10th Floor, 106 A and B,
Maker Chambers III, Nariman Point, Mumbai 400021, and a branch/office mentioned in the Schedule hereto (hereinafter referred to
as the “Lender/ TMFL, which expression shall, unless it be repugnant to the context, or meaning thereof, include its successors and
assigns) of the FIRST PART;

AND

The person(s) who is/are named in the Schedule hereto as Borrower, hereinafter collectively referred to as “Borrower” of the
SECOND PART;

The expressions ‘Borrower’ shall unless repugnant to the context, include: (i) in the event that it is a company within the meaning of
the Companies Act, 1956 or Companies Act, 2013 or a Limited Liability Partnership, incorporated under the Limited Liability
Partnership Act, 2008, its successors; (ii) in the event that it is a partnership firm for the purposes of the Indian Partnership Act, 1932,
the partners for the time being and from time to time and their respective legal heirs, executors and administrators, legal
representatives and successors; (iii) in the event that it is a sole proprietorship, the sole proprietor and his/ her legal heirs,
administrators, executors and legal representatives; (iv) in the event that it is a Society, the members of the Society, the members of
the governing body of the Society, and any new members elected, appointed or co-opted thereon; (v) in the event that it is a Trust,
the Trustee or all the Trustees for the time being thereof and from time to time and their successors).

The Borrower and the Lender are hereinafter individually referred to as a “Party” and collectively as the “Parties”.

WHEREAS:

A. The Borrower has availed of loan(s) for such amount(s) (‘Existing Loan’) as specifically set out in Schedule II vide ‘Existing
Loan Agreement(s)/ Master Loan Agreement’ [the specific details of which are mentioned in Schedule II- Details of Existing
Loan Agreement(s)/ Master Loan Agreement].

B. The Borrower is now desirous of availing a loan for an amount as specifically set out in the Schedule I and for the Purpose as
mentioned in the Schedule I, being offered by the Lender as a guaranteed emergency credit line under and in terms of the
Emergency Credit Line Guarantee Fast Track Loan Scheme (“ECLG Scheme/ECLGS”) of the Government of India which is
being managed and operated by the National Credit Guarantee Trustee Company Limited (“NCGTC”) and the Parties have
thereby decided to record the same in the form and manner as provided in this Agreement.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY AGREED AND DECLARED BY AND BETWEEN THE
PARTIES HERETO AS UNDER:

1. Fast Track Loan(s):

a. The Borrower hereby agrees to avail from the Lender, the Lender hereby agrees to provide to the Borrower, loan of the
amount as more particularly mentioned in the Schedule I hereto, including any Additional Amounts, as more particularly
mentioned in the Schedule I, under the ECLG Scheme of the Government of India which is being managed and operated by
the NCGTC [collectively referred to ‘Fast Track Loan(s)’] for the ‘Purpose’ as mentioned in Schedule I on the terms and
conditions as hereinafter mentioned.

b. The Borrower hereby acknowledges and understands that the Fast Track Loan has been made available to the Borrower by
the Lender as a guaranteed emergency credit line under and in terms of the ECLGS. The Borrower hereby expressly
acknowledges and agrees that the Borrower has agreed to opt-in for the ECLGS and to avail the Fast Track Loan and has
read and understood the terms of the ECLGS (as amended from time to time)

c. The Lender may disburse the Additional Amounts or any part thereof, directly to the concerned insurance company or the
concerned vendor or such other person as the Lender may in its sole discretion deem fit, and such disbursement shall be
deemed to be the Disbursement made to the Borrower.

d. The Lender shall have discretion to disburse the Fast Track Loan amount in tranches subject to fulfillment of all the
conditions by the Borrower in respect of the Fast Track Loan.

e. There will be a moratorium period of one year and during this moratorium period the Borrower shall be liable to pay the
Interest on such Fast Track Loan amount, every month from the date of disbursement of the first tranch of the Fast Track
Loan. After understanding this arrangement, the Borrower hereby agrees to sign and execute this Agreement

2. Purpose:
The Fast Track Loan amount shall be utilized by the Borrower solely for the Purpose mentioned in the Schedule I hereto and the

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 2 of 13

end-use of the Loan shall strictly be in accordance with the declaration as set out in Schedule IV hereto. The Fast Track Loan
shall not be used for any other purpose or for any immoral, illegal, speculative, unauthorized purpose or activity. Without being
obligated to do so, the Lender shall be entitled to monitor use/end use of the Fast Track Loan including through any auditor(s) or
consultant(s) including examining books of the Borrower, with necessary certification from them, as appointed by the Lender at
its sole discretion and at the cost of the Borrower.

3. Repayment:

a. The Borrower shall, repay the Fast Track Loan(s) and pay the interest that is due from time to time by way of Installment(s)
in accordance with the ‘Repayment Schedule’ as set out in Schedule I. The Borrower shall provide to the Lender, one or
more Payment Instruments as may be required by the Lender with regards to the repayment of the Fast Track Loan.

b. The Borrower hereby agrees and undertakes that Fast Track Loan shall rank second charge with the Existing Loan in terms
of cashflows and repayment; provided that this shall not prejudice the Borrower’s obligations to make payments in respect of
the Fast Track Loan on the relevant due dates therefor.

c. The Borrower hereby confirms that the Lender shall have the right to present any of the undated, inchoate and duly signed
cheques/Payment Instrument, drawn in favour of the Lender, which have been voluntarily handed over to the Lender at the
time of execution of the Existing Loan Agreement/Master Loan Agreement, in discharge of the debt owed by it to the Lender
and that the said inchoate cheques/Payment Instrument can be presented by the Lender at any time at its discretion to
recover the Fast Track Loan or any other debt, owed by the Borrower to the Lender or any part thereof.

4. Security:

a. The Security created by the Borrower or the obligors of the Existing Loan Agreement/Master Loan Agreement in favour of
the Lender for the timely discharge of Borrower’s obligations to the Lender under the Existing Loan Agreement(s)/ Master
Loan Agreement shall be extended to the Fast Track Loan provided that the same shall constitute a second ranking charge
ranking subservient only to the first ranking created to secure the Existing Loan. The Borrower shall do (and shall ensure that
the relevant obligors do) all such acts, deeds and things including, without limitation, effecting such filings as is required
under applicable law to perfect the security created. The charge/hypothecation so created shall continue to be in full force so
long as all the amounts due under the terms of the Existing Loan Agreement(s)/ Master Loan Agreement and this Agreement
have been repaid. The Borrower hereby agrees and acknowledges that, the Lender shall have the right to withhold the No
Objection Certificate to be issued to the Borrower unless the Borrower repays the existing and outstanding loan(s) availed of
from the Lender and/or its Group Company.

b. The Borrower hereto agrees and undertakes that, it shall, as per the terms of the ECLG Scheme, create a second charge in
favour of the NCGTC on the existing Security already provided by the Borrower to the Lender under the Existing Loan
Agreement/Master Loan Agreement and on any additional security as may be provided by the Borrower at the request of the
Lender. The Borrower hereby further agrees and undertakes to create a charge on the assets purchased or created out of
the proceeds of the Fast Track Loan(s) financed under the ECLG Scheme

c. The Borrower further acknowledges and agrees that, such second charge created by it in favour of the NCGTC shall
continue to be in full force so long as all the amounts due under the terms of this Agreement have been repaid in entirety.

d. Except for the charges mentioned hereinabove and under the Existing Loan Agreement/Master Loan Agreement, the
Borrower agrees that, it shall not, in any manner whatsoever, create a further charge in favour of any creditor/third party
without the prior written consent of the Lender and as per the terms of the ECLG Scheme; any such further charge created
by the Borrower without the prior written consent of the Lender and as per the terms of the ECLG Scheme shall, ipso facto,
be deemed null and void and be considered an Event of Default under this Agreement and the Existing Loan
Agreement/Master Loan Agreement.

e. The Borrower shall do (and shall ensure that the relevant obligors do) all such acts, deeds and things including, without
limitation, effecting such filings as is required under applicable law to perfect the security created.

5. Event of Default:
In addition to the Events of Default listed in the Loan Agreement(s)/Master Loan Agreement, happening or occurrence of any of
the following events shall also constitute an "Event of Default" for the purpose of this Agreement:

a. Failure and/ or breach on the Borrower’s part to perform any of the obligations or terms or conditions applicable under this
Agreement/other documents including non-payment in full of any part of the Fast Track Loan(s) when due or when
demanded by Lender.

b. Default committed by the Borrower/s in repayment of the Fast Track Loan as per the terms of this Agreement.

c. Any statement made, information or representation or warranty given by the Borrower under this Agreement/other document
is found to be misleading or incorrect (fully or in part).

d. Any of the Payment Instruments including NACH, PDCs delivered to the Lender are dishonoured for any reason whatsoever
on presentation including due to instructions given by the Borrower for stop payment.

e. Where a receiver is appointed or any attachment, distress, execution or other legal process is threatened, enforced or levied

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 3 of 13

upon against the Borrower/its asset.

f. The event of death, winding up, failure in business, insolvency, bankruptcy of the Borrower, or initiation of any proceedings/
actions/ notices for any of them

g. Change or termination of employment/profession/business for any reason whatsoever of the Borrower.

h. Change in the constitution, management or existing ownership or control of the Borrower including by reason of liquidation,
amalgamation, merger or reconstruction.

i. If it is certified by an independent chartered accountant or valuer (appointed by the Lender in its sole discretion), that the
liabilities of the Borrower exceed the Borrower’s assets or that the Borrower is carrying on business at a loss.

j. If any circumstance or event occurs which is or is likely to prejudice, impair, imperil, depreciate or jeopardize the capacity of
the Borrower to repay the Fast Track Loan(s) or any part thereof including where the Borrower ceases to enjoy the
confidence of the Lender.

k. If the Borrower becomes lunatic or is convicted under any criminal law in force.

l. The Borrower fails to pay any Taxes, impost, duty or other imposition.

m. Filling of any application by any person against the Borrower , before any forum under the IBC, or passing of any resolution
of directors or of members or declaration of partners, for the purposes of/ towards/recommending filing of any proceedings or
application for initiation of insolvency resolution process or fast track resolution process or voluntary liquidation process or
fresh start process or bankruptcy or any kind of insolvency/resolution/liquidation/bankruptcy process by whatever name
called in relation to the Borrower;

n. Issuance of any demand notice by any of the creditors including the operational creditors under Section 8 of the IBC to the
Borrower demanding the payment of amount involved in default as mentioned therein or threatening filing of any proceedings
for initiation of the insolvency resolution process;

o. Any action or event which shall trigger initiation of any moratorium or standstill of any nature, whether by statutory operation
or otherwise under any applicable law, in relation to the Borrower or any of its assets

6. Consequences of Event of Default:


Upon happening/occurrence of any Event of Default (as mentioned hereinabove and under the Loan Agreement/Master Loan
Agreement), without prejudice to Lender’s rights and remedies under contract or law or equity, and without necessity of any
demand upon or notice to the Borrower, all of which are hereby expressly waived by the Borrower, and notwithstanding anything
to the contrary contained herein or in any other documents pursuant hereto, the Lender may at its absolute discretion, pursue
any or all of the following, and whether successively, concurrently, simultaneously or otherwise:

a. declare the Fast Track Loan and the entire Outstanding Balance, to have become due and payable by the Borrower to
Lender forthwith thereupon, and recall the same in which event the Borrower shall be liable to forthwith pay to the Lender the
entire Outstanding Balance including the Fast Track Loan (including the interest, all the charges and other interests, dues
and monies payable, costs and expenses reimbursable, by the Borrower to the Lender with regards to the Fast Track Loan);

b. at the cost and expense of the Borrower, initiate such proceedings/actions/steps for recovery of dues as necessary and/or
enforce the Security or any part thereof, including to, take possession, seize, recover, appoint a receiver/manager, remove
the Asset(s) from their place of standing, and also on such terms as may be deemed fit by the Lender, with or without the
intervention of court or authority, to sell, transfer or dispose off the Asset(s)/assets of the Borrower or any part thereof
whether by means of private treaty or public auction/tender or otherwise at the discretion of Lender and realize its claims in
respect of the Fast Track Loan and/or the Original Loan without being bound or being liable for any loss/losses that the
Borrower may suffer due to such action. The Lender shall be entitled to handover to the purchasers, all the originals
pertaining to the any Asset(s), including the RC book, forms etc.

c. exercise any of the rights/remedies available to the Lender under the SARFAESI Act and/or the DRT Act (if applicable)
and/or the IBC, in accordance with the provisions thereof, as against the or any other Person or any of their assets.

d. exercise any of the rights under the Repossession Clause.

In this behalf, the Lender shall be entitled to follow the procedure and take such actions as set out in clause 11 of the Loan
Agreement/Master Loan Agreement.

7. Declarations and confirmations:

a. The Borrower states and confirms that the Existing Loan was availed of by the Borrower from the Lender for the purposes of
his own business and that the Borrower shall provide due certification or information in support of the same, as may be
required by the Lender as per the prescribed RBI regulations.

b. The Borrower hereby acknowledges and agrees that the Fast Track Loan is being provided in terms of the ECLGS and that
the Borrower has read and understood the terms of the ECLGS (as amended from time to time). The Borrower hereby

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 4 of 13

undertakes that it shall adhere to the terms and conditions of the ECLGS and shall adhere to all instructions and directions
as may be stipulated by the Lender from time to time for compliance with or otherwise in connection with the terms of
ECLGS.

c. The Borrower hereby confirms and declares that, it is a GST registered entity and the Borrower’s valid GST no. is as
specifically mentioned in the Schedule I hereto.

d. Where the Borrower has not provided a proof of GST registration, it is because the Borrower is not required to obtain GST
registration under the applicable GST Laws.

e. The Borrower confirms and declares that, its annual turnover for the financial year 2019-2020 is less than Rs. 250 Crores.

f. The Borrower further confirms and declares that, as on 29th February 2020(“Scheme Record Date”):

i. the Borrower has not been classified as SMA 2 or NPA by any of the other financiers;

ii. the combined outstanding amount of the loans held by the Borrower with all the financiers does not exceed an
amount of Rs. 50,00,00,000.00 (Rupees Fifty Crores) and that its loan accounts with all the financiers/lenders as of
the Scheme Record Date and are currently also in the less than or equal to sixty (60) days past due bucket with
each such lender of the Borrower.

g. The Borrower hereby consents and agrees that the Lender shall, without notice or consent of the Borrower, have the right to
publish the name and particulars of the Borrower, as part of defaulter’s list from time to time.

h. The Borrower shall at all times during the tenor of the Fast Track Loan(s), continue to be eligible for the Fast Track Loan(s),
as per the Lender’s policy, and shall provide to the Lender, on a quarterly basis or at such intervals as may be required by
the Lender, such information as may be deemed necessary by the Lender in this regard.

i. The Borrower shall always safeguard the assets created/financed under the proceeds of the Fast Track Loan and keep them
in a good and enforceable condition.

j. The Borrower shall promptly provide such information and/ or documents as the Lender may require from time to time
including, without limitation, details of the Borrower, its investments in plant and machinery, its turnover, the financial
indebtedness of the Borrower and current status of such loan accounts including, without limitation, their classification by the
relevant lenders and the number of employees employed by the Borrower.

k. The Borrower shall at all times, permit and authorise the Lender, its auditors or its authorised representatives, or any
governmental, regulatory or statutory agency to scrutinize, audit and/or inspect all the documents (financial, legal, books,
ledgers and records or otherwise) with regards to the Fast Track Loan(s).

l. The Borrower shall at all times, refrain from any act of omission or commission which may prejudice the interests of the
Lender and/or cause grave harm/ reputational loss to the brand name and goodwill of the Lender.

8. Additional Terms and Conditions applicable to the Fast Track Loan(s):

a. The Parties agree that in the event the Borrower wishes to prepay the Fast Track Loan(s) in part or in full, there shall be no
prepayment charges applicable on such prepayment.

b. The Charges that shall be applicable to Fast Track Loan(s) are more particularly mentioned in Schedule III hereto.

c. In the event if the Lender faces any harm or incurs any losses or damages due to the breach by the Borrower of any of the
terms and conditions mentioned under this Agreement or under the Loan Agreement(s)/Master Loan Agreement or any other
document provided by the Borrower to the Lender and/or breach by the Borrower of any of the declarations and
representations as specified under this Agreement or any other document provided by the Borrower to the Lender with
regards to this Fast Track Loan, then the Borrower shall indemnify the Lender, its authorised representatives, agents,
officers etc. for all such losses/harm/damages. This is without prejudice the other remedies and rights available with the
Lender.

9. Assignment:
The Lender shall at any time, without any consent of or notice to the Borrower be entitled to securitise, sell, assign, discount or
transfer all or any part of the Fast Track Loan(s), Lender’s rights, interest, and obligations under/in relation to the Fast Track
Loan(s), this Agreement or any other document to any person(s) and in such manner and on such terms as the Lender may
decide, including (but not limited to) by reserving the right to retain the power hereof to proceed against the Borrower on behalf
of the purchaser, assignee or transferee. Any such sale, assignment, securitization or transfer shall conclusively bind the
Borrower and all other persons, and the Borrower shall perform and be liable for its obligations to such assignee or transferee or
any person claiming on its behalf or through the Lender as the case may be. Any cost as regards assignment including whether
on account of such sale, transfer assignment or securitisation shall be to the account of the Borrower. The Borrower shall not be
entitled to directly or indirectly assign or in any manner transfer, whether in whole or part, or create any third party interest in
favour of any person in any manner whatsoever on, any rights, benefits or obligations under/in relation to the this, this
Agreement or any other document.

10. Dispute Resolution:

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 5 of 13

a. All disputes, differences and/or claims arising out of this Agreement or as to the construction, meaning or effect hereof or as
to the rights and liabilities of the parties hereunder shall be settled by arbitration to be held in Mumbai in accordance with the
Arbitration and Conciliation Act 1996, or any statutory amendments thereof and shall be referred to a sole arbitrator to be
appointed by the Lender or its representative. In the event of death, refusal, neglect, inability, or incapability of the person so
appointed to act as an arbitrator, the Lender may appoint a new arbitrator. The proceedings will be conducted in English.
The award of the arbitrator shall be final and binding on all parties concerned.

b. Nothing contained herein shall be construed as extinguishing, limiting or ousting the rights and remedies of the Lender, if
available now or in the future as against the Borrower, if any and/or any other persons, or any of its respective assets, under
the SARFAESI Act and/or the IBC, and the Lender shall stand absolutely entitled to exercise such rights/remedies
thereunder irrespective of the initiation, pendency, or continuation of any other arbitral or other proceedings

c. Notwithstanding anything to the contrary contained hereinabove, in the event that the Lender, as a result of a change in
applicable law or otherwise, becomes entitled to recover the dues owed to it or be treated as a ‘financial institution‘ under the
DRT Act or any amendment, replacement thereof, and to exercise rights/remedies thereunder, the Borrower hereby
expressly agrees and consents that the Lender shall be entitled to exercise the rights and remedies available to the Lender
under the DRT Act including to recover the Outstanding Balance from the Borrower, if any, or any other persons, by filing
proceedings with any of the debt recovery tribunals constituted thereunder. In addition, the Parties agree that in the event
that the Lender is empowered to exercise rights and powers under the provisions of the DRT Act as aforesaid, the provisions
of Clause 10(a) above, to arbitrate as between the Lender and the Borrower shall, at the option of the Lender, cease to have
effect.
Provided that the Lender shall at its discretion have the right to initiate/file/pursue common/combined proceedings/actions
against the Borrower and it is clarified that the Lender shall, at its discretion, be entitled to consolidate and combine any
arbitral or other legal proceedings initiated or proposed to be initiated under this Agreement with any arbitral or other legal
proceeding initiated or proposed to be initiated under one or more of the other related documents.

d. All rights and remedies pursuant to this Agreement are without prejudice to the other and nothing contained in this
Agreement shall in any manner compel the Lender to prefer one form of remedy over the other.

11. Jurisdiction:
Subject to the provisions of Clause 10 above, all legal actions and/or proceedings arising out of/in connection with this
Agreement shall be brought in/before competent courts/tribunals in Mumbai. Provided that, the Lender may however in its
absolute discretion initiate/commence any legal action or proceedings arising out of/in connection with any of the above in any
other competent court/tribunal in any place as the Lender may deem fit and the Borrower shall not object to such jurisdiction.

12. Borrower’s Declarations for Online Modes:

1. The Borrower understands and acknowledges that the online medium or mobile or telephonic mode or internet or use of
public/shared facilities are not a necessarily secure means of transmission and are susceptible to a number of risks, such as
misuse, hacking, virus, malicious, destructive or corrupting code, program or macro. The Borrower also acknowledges and
accepts that, such transmission methods involve the risk of possible unauthorized alteration of data and/or unauthorized
usage. The Borrower shall not hold Lender or its authorised representative or agent responsible for any losses, costs,
damages, expenses that may be incurred by the Borrower due to any errors, delays or problems in transmission or
unauthorized/ illegal interception, alteration, manipulation of data, caused by using the internet or such media or modes as a
means for availing the Fast Track Loan.

2. The Borrower hereby agrees, acknowledges and confirms that the Borrower is availing of the Fast Track Loan online in
accordance with the terms contained herein entirely at its own risk and consequences. The Borrower shall hold the Lender
harmless and indemnified from and against any losses, costs, damages, expenses that may be incurred due to any errors,
delays or problems in transmission or unauthorized/ illegal interception, alteration, manipulation of data, caused by using the
internet as a means for availing the Fast Track Loan.

3. Under no circumstances shall the Lender be liable to the Borrower for any damages whatsoever whether such damages are
direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of profit or revenue or
anticipated savings, interruption of business, any loss of any goodwill, character or nature whatsoever and whether
sustained by the Borrower or by any other person and which may arise in respect of this Agreement.

13. Acceptance and Execution:

1. The acceptance to this Agreement with the Schedules has been made and recorded as under:

i. The Borrower has read, verified, and understood the application form, the sanction letter and the Agreement including the
Schedules thereto (“Loan Documents”). The Borrower has irrevocably agreed to and accepted the Loan Documents: (i)
by ticking/clicking the “I agree” or similar icon/tab on the online system/link/website/page of the Lender; and (ii) by
entering the OTP, sent to the Registered Mobile Number of the Borrower, on the online system/link/website/page of the
Lender; “OTP” is the one-time password sent by the Lender to the Borrower. The OTPs were sent to each Registered
Number by way of an SMS from the Lender. “Registered Mobile Number” is the mobile number registered with the
Lender for communicating with the Borrower. The Borrower hereby agrees and acknowledges that, the Lender shall send
the requisite communications/information pertaining to the Borrower’s loan account including facilitating acceptance and

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 6 of 13

signing of the Loan Documents, drawdown and all such information pertaining to the Fast Track Loan to the Borrower’s
Registered Mobile Number. The Borrower agrees, undertakes and affirms that, it shall be fully responsible for the security
of the Registered Mobile Number and any communication sent to the Registered Mobile Number or received by the
Lender from the Registered Mobile Number shall be deemed to be sent to or sent by the Borrower, and that the Borrower
shall be responsible for keeping the same confidential, as the case may be, and shall be fully binding on the Borrower and
any such acceptance of any Loan Documents using the OTP(s)/ other form factors, shall fully bind the Borrower and shall
be treated as done by the Borrower to legally and irrevocably bind the Borrower fully and absolutely.

ii. Acceptance by the Borrower as above is absolute and no other or further act, deed or writing (including any physical
signature) on part of the Borrower shall be required for acceptance by the Borrower of the Loan Documents.

iii. The execution of the Loan Documents shall be completed only upon Lender’s acceptance.

iv. The Lender may print paper copies of the electronic record or produce in any such form at its discretion this document or
any Loan Documents and the Borrower’s acceptance and signing including by way of OTP as aforesaid, and the same
shall be fully binding on the Borrower and the Borrower has no objection to such print-outs and/or any electronic records
with the Lender and/or physical copies of the Loan Documents being produced by the Lender in evidence in any court,
tribunal or otherwise, to prove the acceptance, execution as well as the contents of the contract.

2. The Borrower shall ensure that OTP, passwords, other form factors, if any, are kept in strict confidence and that the
Borrower, shall not, in any manner whatsoever, reveal/share/transmit the same to any unauthorized person (including but not
limited to any employees/agents of the Lender)/device

14. Miscellaneous:

a. This Agreement shall be deemed to form a part of the Existing Loan Agreement(s)/ Master Loan Agreement and all the
annexures thereof and shall be read in conjunction with the other provisions of the Existing Loan Agreement(s)/ Master Loan
Agreement and the annexures

b. All terms of the Existing Loan shall be applicable in respect of the Fast Track Loan; provided however that, in the event of
any inconsistency or repugnancy between the terms of the Existing Loan and the terms of the Fast Track Loan, the terms of
the Fast Track Loan shall prevail.

c. Words and expressions used herein and not defined in this Agreement but defined in the Existing Loan Agreement(s)/
Master Loan Agreement shall have the same meaning as respectively assigned to them in the Existing Loan Agreement(s)/
Master Loan Agreement.

d. The Existing Loan Agreement(s) Master Loan Agreement is/are supplemented only to the extent specifically set forth herein.
All other terms and conditions in the Existing Loan Agreement(s)/ Master Loan Agreement shall remain in full force and
effect and shall not be superseded by this Agreement

e. The Borrower agrees and undertakes that, they shall sign, execute and deliver all such
documents/deeds/agreements/writings or approvals/consents/ authorisations, as and when required by the Lender in relation
to the Fast Track Loan(s).

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 7 of 13

SCHEDULE I

Place of the Fast Track Loan


Hyderabad
Agreement:

Date of the Fast Track: 19-06-2021

Lender Details:

Address of the concerned Queens Plaza 4th Floor, Unit 4C & 4D SP Road,Chikoti Gardens,Begumpet, Hyderabad
office/branch 500016

Details of the Borrower

Name: KIRAN KUMAR MIDDE

Constitution: Proprietor

PLOT NO-32,GANDHI NAGAR,VANASTHALIPURAM RANGAREDDY


Address:
HYDERABAD(TS)HYDERABAD 500070

GST No.

Phone Number: 8897446547

Email ID:

Details of Fast Track Loan(s) & Purpose

Fast Track Loan(s) amount: Rs. 67,000 (Rupees Sixty Seven Thousand Only)

Interest Rate: 13.85 % p.a.

Purpose

i) Purpose- funding AMC: -

ii) Purpose- funding Master Insurance Policy premium: -


Additional Amounts:
iii) Purpose- funding motor/vehicle insurance 1st/__year premium: -

iv) Purpose- funding charges/fee for extended warranty of Assets: -

v) other Purpo -

Repayment Schedule

Moratorium Period: 1 Year on principal amount of the Fast Track Loan

Fast Track Loan(s) payable in: Monthly

Monthly installment payable Rs.773, from 1 to 12 Installment

Rs.2285, from 13 to 48 Installment

Tenor Four(4) Years

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 8 of 13

SCHEDULE II: Details of Loan Agreement(s)/ Master Loan Agreement

Sr. No. Loan Agreement(s) No. Date Loan Amount

1 5003191541 28-08-2019 391309

SCHEDULE III

CHARGES

Document Charges (charges levied for processing of loan application) NIL

Cancellation Charges (charges levied where the Borrower cancels the Loan after the
Rs. 5,150/-
Loan is disbursed)

Retainer Charges (charges to be paid on non-payment of any Installment. These


charges would be levied at all times as long as one/two Installments are
Between Rs 260/- to Rs 720/-,
outstanding. For sake of clarification, these charges shall not be levied if non-
depending on
payment of instalment goes beyond two installments. For further clarity, these
product/channel/Overdue bucket
charges are in addition to other charges/interest and without prejudice to Lender’s
other rights and remedies.)

Collection Agency Charges (charges levied upon non-payment of more than two
Installments and the Loan being allocated to a collection agency. For clarity, these 4.15% of amounts collected against
charges are in addition to other charges/interest and without prejudice to Lender’s overdue Installments
other rights and remedies)

Swapping Charges (charges levied per instance where the Borrower opts for
swapping of any payment mode/instrument with another mode/instrument of the Rs. 515/-
same or different bank)

Bank Charges (charges levied for each dishonor of a payment/ instruction. For
clarity, these charges are in addition to other charges/interest and without prejudice
Rs. 415/-
to Lender’s other rights and remedies, including under Section 138 of the Negotiable
Instruments Act, 1881)

Statement of Account Charges (charges levied for issue of copy of statement of


Rs. 105/-
account)

Duplicate NOC Charges (charges levied for issue of a duplicate No Objection


Rs. 520/-
Certificate)

Overdue Interest (charges levied as per Clause 3.8 of the Agreement, where the
Borrower defaults in payment of the Outstanding Balance under the Agreement and Overdue x 36% x No of delayed
will accrue on a daily basis until the repayment of all dues payable by the Borrower days)/365
under the Agreement)

Legal Expenses (being fees and expenses including retainer charges of advocate,
solicitor or attorney related to any legal dispute or litigation relating to or involving
At Actuals
the Borrower or Asset. For clarity, these charges are in addition to other
charges/interest and without prejudice to Lender’s other rights and remedies)

Parking Charges (charges levied on a daily basis for parking the repossessed Rs 55 or Rs 75 or Rs 105 per vehicle
Asset(s).) per day (depending on vehicle type)

Prepayment Charges (charges levied upon prepayment of the Loan or part thereof
NIL
before maturity)

ROC Charges (statutory charges levied by the respective Registrar of Companies for
At Actuals
creation of charge/ security by Borrower

Repossession Charges (charges levied in respect of repossession of the Asset(s).


For clarity, these charges are in addition to other charges/interest and without At Actuals
prejudice to Lender’s other rights and remedies.)

Service Charges (charges levied for any change/amendment in the terms of the
At Actuals
Loan, at the request of the Borrower)

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 9 of 13

Stamp Duty Charges (statutory duty levied in respect of stamp duty payable on the
As per State laws
Agreement)

As may be communicated from time


Other Charges (charges as may be levied by the Lender from time to time)
to time

SCHEDULE IV

End Use Declaration

To,
Tata Motors Finance Limited,

Sub: Fast Track Loan under Fast Track Loan Agreement dated 19-06-2021 11:27:41.

Dear Sirs,

We refer to the Fast Track Loan of Rs. 67,000 (Rupees Sixty Seven Thousand Only) (‘Loan’) availed of by us, KIRAN KUMAR
MIDDE (“Borrower”) from Tata Motors Finance Limited (“Lender”) on the terms and conditions set out in the Fast Track Loan
Agreement dated 19-06-2021 11:27:41 (“Agreement”) entered into between the Borrower and the Lender.

I/we undertake that the monies which will be drawn by me/us under the Loan shall strictly be used for the purpose for which the Loan
was sanctioned / granted as specified in the Agreement (“Purpose”).

I/we hereby represent, warrant and confirm that the Purpose is a valid purpose and also agree and undertake to utilize the Loan only
for the Purpose and that the Loan shall not be, directly or indirectly, used for any of the following purposes:

i. Production or trade in any product or activity deemed illegal under host country laws or regulations or international conventions
and agreements, or subject to international bans, such as pharmaceuticals, pesticides/herbicides, ozone depleting substances,
PCB's, wildlife or products regulated under CITES.

ii. Production or trade in weapons and munitions.

iii. Production or trade in alcoholic beverages (excluding beer and wine).

iv. Production or trade in tobacco.

v. Gambling, casinos and equivalent enterprises.

vi. Production or trade in radioactive materials. This does not apply to the purchase of medical equipment, quality control
(measurement) equipment and any equipment where the radioactive source may be trivial and/or adequately shielded.

vii. Production or trade in unbonded asbestos fibers. This does not apply to purchase and use of bonded asbestos cement sheeting
where the asbestos content is less than 20%.

viii. Drift net fishing in the marine environment using nets in excess of 2.5 km. in length.

ix. Production or activities involving harmful or exploitative forms of forced labor/harmful child labor.

x. Commercial logging operations for use in primary tropical moist forest.

xi. Production or trade in wood or other forestry products other than from sustainably managed forests.

xii. Production, trade, storage, or transport of significant volumes of hazardous chemicals, or commercial scale usage of hazardous
chemicals. Hazardous chemicals include gasoline, kerosene, and other petroleum products.

xiii. Production or activities that impinge on the lands owned, or claimed under adjudication, by Indigenous Peoples, without full
documented consent of such peoples.

I/we further agree, confirm, and undertake that the Purpose of use of funds under the Loan shall not be changed in any manner
during the tenure of the Loan; or that such change shall take place only with the prior written permission of the Lender.

I/we understand that the Borrowers will remain absolutely liable in case of the monies/funds drawn under the Loan, being diverted for
any use other than the Purpose above.

I/We agree to indemnify and keep indemnified the Lender against any loss, harm, claim or damage arising out of any misuse or
diversion of the Loan.

I/we also hereby agree to provide to the Lender, as and when required, a certificate from our statutory auditors certifying the end use
of the Loan availed / proposed to be availed.

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 10 of 13

Applied, Accepted, Authenticated, Signed and Delivered by the Borrower by ticking/clicking the “I agree” or similar
icon/tab on the online system/link/website/page/app of the Lender as well as by entering the one time password (OTP) on
the online system/link/website/page.

Applied, Accepted, Authenticated, Signed and Delivered by the Lender.

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 11 of 13

Date: 19-06-2021 11:27:41


To,

Tata Motors Finance Limited,


2nd Floor, A wing,
Lodha Techno I-Think Techno Campus,
Pokhran Road No 2, Off Eastern Highway,
Thane (West) - 400601

Subject: Authorisation Letter.

Dear Sir,

i. Tata Motors Finance Limited (‘TMFL’) has sanctioned to us i.e. KIRAN KUMAR MIDDE(‘Borrower/Us’), a loan amounting to Rs.
67,000 (Rupees Sixty Seven Thousand Only) under the Fast Track Loan Scheme offered by TMFL as a ‘Guaranteed Emergency
Credit Line’ under the Emergency Credit Line Guarantee Scheme (‘ECLGS Scheme’) issued by the National Credit Guarantee
Trustee Company Limited (‘Fast Track Loan’). The terms and conditions of the Fast Track Loan have been accepted by us by
executing relevant Fast Track Loan agreements in that regard.

ii. We hereby state that the proceeds of the Fast Track Loan, shall, at all times, be used strictly in accordance with the end-use as
specified by us under the relevant Fast Track Loan agreements and we hereby agree to provide confirmations with regards to the
same as and when required by TMFL.

iii. We hereby voluntarily authorize and request TMFL to deduct from the Fast Track Loan being disbursed to us, the amounts
pertaining to the monthly interest payable by us under the Fast Track Loan upto a period of 1 (one) year and adjust the same as
advance payment of the monthly interest in respect of the Fast Track Loan.

iv. We hereby provide our explicit consent for according our confirmation to this authorisation letter, electronically i.e. by way of
affixing a One Time Password (‘OTP’) which will be shared with us by TMFL on our registered mobile number already provided by
us to TMFL. This electronically executed authorisation letter shall be deemed to have been executed or signed as if they had
been executed or signed physically by us.

v. We understand and acknowledge that the online medium or mobile or telephonic mode or internet or use of public/shared facilities
are not a necessarily secure means of transmission and are susceptible to a number of risks, such as misuse, hacking, virus,
malicious, destructive or corrupting code, program or macro. We also acknowledge and accept that, such transmission methods
involve the risk of possible unauthorized alteration of data and/or unauthorized usage.

vi. We shall not hold TMFL or its authorised representative or agent responsible for any losses, costs, damages, expenses that may
be incurred by us due to any errors, delays or problems in transmission or unauthorized/ illegal interception, alteration,
manipulation of data, caused by using the internet or such media or modes.

vii. We shall ensure that the OTPs are kept and maintained confidential and well protected and we shall not reveal or share or
transmit the same to any other person and any unauthorised person or number, including to any employees and representatives
of TMFL.

Applied, Accepted, Authenticated, Signed and Delivered by the Borrower by ticking/clicking the “I agree” or similar
icon/tab on the online system/link/website/page/app of TMFL as well as by entering the onetime password (OTP) on the
online system/link/website/page.

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 12 of 13

Date: 19-06-2021 11:27:41


To,

Tata Motors Finance Limited,


2nd Floor, A wing,
Lodha Techno I-Think Techno Campus,
Pokhran Road No 2, Off Eastern Highway,
Thane (West) - 400601

Subject: Authorisation Letter.

Dear Sir,

i. Tata Motors Finance Limited (‘TMFL’) has sanctioned to us i.e. KIRAN KUMAR MIDDE(‘Borrower/Us’), a loan amounting to Rs.
67,000 (Rupees Sixty Seven Thousand Only) under the Fast Track Loan Scheme offered by TMFL as a ‘Guaranteed Emergency
Credit Line’ under the Emergency Credit Line Guarantee Scheme (‘ECLGS Scheme’) issued by the National Credit Guarantee
Trustee Company Limited (‘Fast Track Loan’). The terms and conditions of the Fast Track Loan have been accepted by us by
executing relevant Fast Track Loan agreements in that regard.

ii. We hereby state that the proceeds of the Fast Track Loan, shall, at all times, be used strictly in accordance with the end-use as
specified by us under the relevant Fast Track Loan agreements and we hereby agree to provide confirmations with regards to the
same as and when required by TMFL.

iii. Due to the ongoing pandemic, we have been facing difficulties in meeting our operational liabilities and the said Fast Track Loan
will be used by us to meet the operational liabilities and working capital requirements of our business.

iv. Therefore, to meet our operational liabilities, we hereby voluntarily authorize and request TMFL to deduct the outstanding
amounts in respect of our existing loans held with TMFL or with any of the group companies of the TMFL (as more particularly
specified under Annexure 1) from the Fast Track Loan being disbursed to us and accordingly adjust the same against our existing
loans held with TMFL or with any of the group companies of the TMFL OR in alternate, we voluntarily undertake to issue a cheque
in favour of TMFL or its group company (as the case maybe) to pay off the outstanding amounts in respect of such existing loans.

v. We hereby provide our explicit consent for according our confirmation to this authorisation letter, electronically i.e. by way of
affixing a One Time Password (‘OTP’) which will be shared with us by TMFL on our registered mobile number already provided by
us to TMFL. This electronically executed authorisation letter shall be deemed to have been executed or signed as if they had
been executed or signed physically by us.

vi. We understand and acknowledge that the online medium or mobile or telephonic mode or internet or use of public/shared facilities
are not a necessarily secure means of transmission and are susceptible to a number of risks, such as misuse, hacking, virus,
malicious, destructive or corrupting code, program or macro. We also acknowledge and accept that, such transmission methods
involve the risk of possible unauthorized alteration of data and/or unauthorized usage.

vii. We shall not hold TMFL or its authorised representative or agent responsible for any losses, costs, damages, expenses that may
be incurred by us due to any errors, delays or problems in transmission or unauthorized/ illegal interception, alteration,
manipulation of data, caused by using the internet or such media or modes.

viii. We shall ensure that the OTPs are kept and maintained confidential and well protected and we shall not reveal or share or
transmit the same to any other person and any unauthorised person or number, including to any employees and representatives
of TMFL

Applied, Accepted, Authenticated, Signed and Delivered by the Borrower by ticking/clicking the “I agree” or similar
icon/tab on the online system/link/website/page/app of TMFL as well as by entering the onetime password (OTP) on the
online system/link/website/page.

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42
Page 13 of 13

Annexure 1

Details of the existing loans being adjusted:

Sr. No Loan Agreement(s) No. Date Loan Amount (In Rupees)

391309 (Rupees Three Lac Ninety One Thousand Three Hundred


1 5003191541 28-08-2019
Nine Only )

Applied, Accepted, Authenticated, Signed and Delivered by the Borrower by ticking/clicking the “I agree” or similar
icon/tab on the online system/link/website/page/app of TMFL as well as by entering the onetime password (OTP) on the
online system/link/website/page.

Customer Consent through OTP:1029 sent on Reg Mobile# confirmed on 2021-06-19 11:29:42

You might also like