Patel Jay Mulchandbhai Agg
Patel Jay Mulchandbhai Agg
Patel Jay Mulchandbhai Agg
BETWEEN
The name of the Borrower MR. PATEL JAY MULCHANDBHAI AND TATA CAPITAL FINANCE
LTD.
Facility BL MUDRA
Amount Rs. 300,000.00
This forms part of the Agreement for credit facility executed between MR. PATEL JAY
MULCHANDBHAI
and TATA CAPITAL FINANCE LTD.
THIS AGREEMENT is made at the place and date as specified in Schedule I (a) between such
persons, whose name(s) and address(es) are as specified in Schedule I (b) (hereinafter referred
to as the “Borrower” which expression shall unless repugnant to the context or meaning
thereof include its successors and assigns and all persons deriving/ claiming title there under)
AND The Karur Vaisya Company Ltd, a companying company incorporated under the
Companies Act, 1913 and having its Registered Office at “SIB House”, T.B. Road, Mission
Quarters, Thrissur and one of its Branch Offices at the place specified in Schedule I
(c) (hereinafter referred to as the “COMPANY” which expression shall unless repugnant to the
context or meaning thereof include its successors and assigns)
WHEREAS AT THE REQUEST OF THE BORROWER, the Home credit has granted/agreed to
grant Rupee Term Loan (Hereinafter referred to as the “Facility”, which expression shall as the
context may permit or require, mean any or each of the Facility granted by the Company,or so
much thereof as may be outstanding from time to time) up to amounts more particularly
mentioned in Schedule I(d) hereto, on the terms and conditions contained in this agreement,
the Sanction letter, the General Terms and Conditions and other transaction documents for the
purpose mentioned in Schedule I(e) hereto.
NOW IT IS HEREBY AGREED, DECLARED, RECORDED AND CONFIRMED AS FOLLOWS:-
IN CONSIDERATION OF the Company having granted/agreed to grant the facility referred
hereinabove to enable the Borrower to carry out the purpose for which the loan is granted, the
Borrower hereby agrees, covenants, confirms and records the terms and conditions upon which
the loan is granted as under:-
ARTICLE I
DEFINITIONS
In this Agreement and the General Terms and Conditions, unless there is anything repugnant
to the subject or context thereof, the expressions listed below shall have the following
meanings viz.:
“Applicable Interest Rate(s)” means at any relevant time, the interest rate(s) as set out in
Schedule II (b) of this Agreement.
“Borrower” means the person(s) defined under Section 2.1 of the General Terms and
Conditions and specifically named in Schedule I (b) of this Agreement.
“MCLR” means Marginal Cost of Funds based lending rate, which is a tenure linked
benchmark, arrived based on the corresponding tenure of a particular advance/ facility.
The actual lending rate shall be determined by adding the components of Spread to MCLR
(of appropriate tenure). MCLR of different tenures shall be reviewed and published by the
Company on the 1st day of every month. The interest rate in a particular loan account will be
changed only on the Reset date/ period, irrespective of tenure of MCLR or interim changes in
the rates of MCLR. The revised rates (prevailing on the date of reset) shall be made applicable
to the loans/ facilities extended, from the 1st day of the corresponding month of the reset
period expiry (for the initial reset), irrespective of the actual date of availing and subsequent
reset shall be on the 1st day of the corresponding month of reset period fixed.
MCLR prevailing on the date of first disbursement shall be applicable and rate of interest will
remain unchanged until the date of next reset, irrespective of interim changes in MCLR.
Term Loan Agreement FILE NO- TCFIN2022/DH7645
“General Terms and Conditions” means Tata Capital Finance PVT LTD General Terms and
Conditions for Credit Facilities duly registered on the May, 2021, with the Sub-Registrar
of Assurances-III, Delhi/ New Delhi vide registration No.340 in Book No.4, Vol.No.4, 257
from pages 1 to 29, as is applicable to the Credit Facility availed/ to be availed from the
Company, a copy of which is also available on the website of the Company.
All capitalized terms used but not defined in this Agreement shall have the respective
meanings assigned to them under the General Terms and Conditions.
ARTICLE II
TERMS OF THE FACILITY
AMOUNT
The Borrower agrees to borrow from the Company and the company agree to lend to the
Borrower the facility particularly mentioned in Schedule I (d) hereto.
SANCTION LETTER
The Sanction letter allowing the facility shall be read in conjunction with the provisions of this
Agreement and in the event of any inconsistency in the terms of the aforesaid sanction letter
vis-à-vis the credit facility agreement, the terms mentioned in the sanction letter will prevail
for all intents and purposes.
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions shall be deemed to form part of this Agreement and shall
be read as if they are specifically incorporated herein and to the extent of any inconsistency or
repugnancy, the contents of this Agreement shall prevail over the General Terms and
conditions for all intents and purposes. The Borrower confirms having accessed the General
Terms and Conditions on the website of the Company and/ or having received a copy of the
General Terms and Conditions and confirms having read and understood the General
Conditions. The Borrower specifically agrees to the General Terms and Conditions set out
therein, as is applicable to the facility granted/ being granted to the borrower.
DISBURSAL OF FACILITY
The facility will be disbursed to the borrower in one or more installment(s) as may be fixed by
the Company. The person more fully specified in Schedule I (f) or such other person or persons
authorized by the Borrower from time to time shall draw the amount in stages as stipulated.
This agreement shall be valid and binding on the Borrower for the ultimate balance with
interest thereon to become payable upon the said loan account including all moneys lent,
advanced, paid or incurred together with interest, discount, commission and other companying
charges as fixed by the company from time to time and other costs, charges andexpenses
which may become payable in connection therewith.
NOTICE OF DRAWAL
The Borrower shall furnish to the Company an irrevocable notice of drawl of any installment of
the loan, at least 3 clear Business Days before each draw down date, which draw down date
should be a Business Day. However, the Company may at its option waive such notice.
REPAYMENT AND INTEREST
The Borrower agrees to repay the loan as specified under under schedule II (a) of this
Term Loan Agreement FILE NO- TCFIN2022/DH7645
Agreement and to pay interest at the rate on the rests specified under schedule II (b) of this
agreement, with the rests mentioned therein. The Borrower further agrees as follows:
a) The due date of installment shall be corresponding to the date of disbursement, after the
holiday period (if any specified) as per the periodicity (i.e. monthly/ quarterly/ half yearly/
yearly, as the case may be).
b) On account of upward revision of interest or for any other reason,(a) the Company will have
absolute liberty and discretion to re-fix the amount of equated installment and in that event
the Borrower shall be liable to repay the loan with revised interest at such revised
installment and/or (b) the Company may at its sole and absolute discretion extend the
period of repayment mentioned hereinabove and/or (c) allow the Borrower to make lump
sum payment which is sufficient to keep the originally fixed equated installment amount
and repayment period unaltered or the Company may permit any combination of the
aforesaid options. In the event of any amendment/ alteration to the amount of installment
and/or the number of installments on account of the abovereasons, then the same shall be
deemed to have been substituted here in this Agreement.
c) Borrower agrees that the Rate of Interest may increase on account of the change of
policy/directives of Reserve Company of India/ variation in MCLR and /or Spread and in
that case the Borrower agrees to pay such revised rate of interest. The Borrower also agrees
that if such revised rate of interest is not acceptable, the Borrower shall make repayment
of entire balance outstanding in the loan account within a period of 30 days from the date
of reset of rate of interest without pre-payment charges. If the Borrower neither accepts
the revised rate of interest nor close the loan within 30 days from the date of resetof rate of
interest, the Borrower shall be liable to pay interest at the revised rate of interestfrom the
date of interest rate reset and in the event of pre- payment of loan after 30 daysfrom the
date of reset, the Borrower agrees to pay additional interest of 2% on the prepaidamount,
calculated from the end of 30 days period till the date of pre- closure.
d) In the event of the account being classified as Non-Performing Asset (NPA), the Borrower
will be liable to pay interest at an enhanced rate of 2% over and above the then effective
rate of interest with monthly rests or such other rate fixed by the Company from time to
time.
e) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower
will be liable to pay penal interest @ 2% or such other rates fixed by the Company from
time to time, over and above the contractual rate of interest. Provided further that the
charging or payment of such enhanced/ additional/ penal rate of interest shall bewithout
prejudice to other rights and remedies of the company
f) The interest specified in the Sanction Letter or any other provision in the Transaction
Documents will be computed from the respective date of drawl and shall become payable
upon the footing of compound interest with monthly rests or such other rests as may be
prescribed by the Company from time to time.
g) The interest on the outstanding amounts under the Facilities / discount or other charges
when debited to the relevant Account by the Company, shall be calculated on the daily
debit balance of such Account. In the event of remittance being made into the account
after the normal business hours (i.e. beyond 4 hours from the commencement of business
hours), but within the extended business hours, the Company will have the discretion to
value date such remittance on the next succeeding business day for the purpose of
calculation of interest.
Term Loan Agreement FILE NO- TCFIN2022/DH7645
h) The interest, commission, discount and all other charges shall accrue from day to day and
shall be computed on the basis of 365 days a year for rupee Facilities and 360 days for
foreign currency Facilities, and the actual number of days elapsed.
i) The Borrower(s) further agrees(s) that Company is at liberty to vary the MCLR at periodic
intervals depending on tenor/ residual tenor to next reset date and / or the Spread at such
rate(s) as may be decided by the Company from time to time either on account of a revision
in the MCLR of the Company for the corresponding tenor/ residual tenor and/ or
deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by
the Company or otherwise as decided by the Company from time to time/ as per directives
of the Reserve Company of India as the Borrower(s) agree(s) to pay the interest at such
revised rate. The Borrower specifically waives notice of variation of any changein the
interest rate/ rest and notice published in Company’s Notice Board/Web Site of the
Company or entry regarding debit of interest in the statement of account shall be deemed
to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the
Company will be entitled to effect changes in the „Spread‟ from time to time with due
intimation to the Borrower and unless and until notified by the Company, the prevailing
Spread will continue to apply and will be added to the applicable/ revised MCLR to
determine the effective rate of interest. Provided, further that the interest payable by the
Borrower shall also be subject to the changes in the interest rates made by Reserve
Company of India from time to time.
j) The principal amount under the respective Facilities shall always include and/ or shall deem
to and include also the interest calculated and debited to the loan account with rests
mentioned hereinabove as well as all other charges, costs etc. debited in the account of
the Borrower from time to time cumulatively.
FEE AND OTHER CHARGES
The Borrower shall pay to the Company non-refundable fee and other charges as specified in
the sanction letter.
SPECIAL CONDITIONS
In addition to the other terms and conditions stated in this Agreement, the General Conditions
and the other Transaction Documents, the Borrower shall also comply with the terms and
conditions specified in Schedule IV hereto.
EFFECTIVE DATE
This Agreement shall become binding on the Borrower and the Company on and from the
date mentioned in Schedule I (a) of this agreement.
EVENT OF DEFAULT
The Borrower agrees that if payment of any one or more installment is defaulted on the due
date or in the „event of default‟ as specified in the General Terms and Conditions, the Company
may at its discretion, treat the whole amount outstanding under the credit facilitiesas due
forthwith and payable by the Borrower to the Company. In such an event, the Borrower shall
be liable for the consequences of default as specified under the General Terms and Conditions
and/ or this agreement.
PREPAYMENT CHARGES
The Borrower agrees that company is entitled to charge pre-payment charges as mentioned
in Schedule II (c) of this agreement, if applicable as per sanction letter.
Term Loan Agreement FILE NO- TCFIN2022/DH7645
ARTICLE III
SECURITY
SECURITY FOR THE FACILITY
A. The Facility together with all interest, all fees, commitment charges, costs, charges,
expenses and other monies whatsoever stipulated in or payable under this Agreement and the
other Transaction Documents shall be secured by Primary/ Collateral Security as specifiedin
Schedule III (a) of this Agreement
B. The security will be created in favor of the Company, as required by the Company, in a form
and manner acceptable to the Company.
C. The Borrower shall make out / ensure that the third party security provider (if any) shall,
make out a good and marketable title to its properties to be mortgaged to the Company and
comply with all such formalities as may be necessary or required for the said purpose. In case
the Borrower / third party security provider is a company, the particulars of charges shall be
filed with the Registrar of Companies within the period prescribed by law.
CREATION OF ADDITIONAL SECURITY
If, at any time during the subsistence of this Agreement, the Company is of the opinion that
the security provided for the Facility has become inadequate to cover the Facility then
outstanding, then, on the Company advising the Borrower to that effect, the Borrower shall
procure, provide and furnish to the Company, to the satisfaction of the Company such
additional security as may be acceptable to the Company to cover such deficiency.
GUARANTEE
(a) The Borrower shall procure and furnish to the Company before any disbursement by
the Company under the Facility, irrevocable and unconditional joint and/ or several guarantee
from the “Guarantors” more fully described under Schedule III (b) hereunder for the due
repayment
/ Payment of the Facility, all interest thereon and other monies payable by the Borrower in
respect of the Facility, in a form prescribed by the Company. The Borrower shall not pay any
guarantee commission to the Guarantors.
(b) The Borrower shall ensure that the Guarantors observe all the covenants, terms,
conditions, restrictions and prohibitions of the guarantee(s) and agrees that any violation of
the same by the Guarantors shall constitute an Event of Default under this Agreement and the
Company shall be at liberty to recall the Facility and enforce the rights and remedies available
to them under the Transaction Documents or otherwise.
ARTICLE IV
MISCELLANEOUS
INTERPRETATIONS AND CONSTRUCTION OF THE AGREEMENT
For the purposes of interpretation and construction of this agreement:
a) Words importing one gender include the other;
b) Words importing the singular or plural number include the plural and singular numbers
respectively;
c) Any schedule, and the provision and conditions contained in such schedule will have
the same effect as if set out in the body of the agreement. In the event oof any conflict
between the Schedule and the body of this agreement, the provisions and conditions
in the Schedule of this agreement will prevail.
Term Loan Agreement FILE NO- TCFIN2022/DH7645
d) The Section Headings or Chapter Headings used in this Agreement are intended for
convenience only and shall not be used in interpreting this agreement or in
determining any of the rights/ obligations of the parties to the Agreement.
SEVERABILITY OF PROVISIONS
The Borrower agrees that except as otherwise provided herein, if any provisions of this
agreement shall be held by a Court of competent jurisdiction to be illegal, invalid or
unenforceable, the remaining provisions and clauses shall remain in full force and effect.
WAIVER OF RIGHTS INCONSISTENT TO THE AGREEMENT
The Borrower(s)/ Applicant(s) hereby further waive all his/ her/their rights inconsistent
herewith which the Borrower(s)/ Applicant(s) may otherwise be entitled to claim and enforce
in respect thereof.
VALIDITY OF THE AGREEMENT
This agreement shall be valid and binding on the Borrower till the ultimate balance with interest
thereon to become payable upon the said loan account including all moneys lent, advanced,
paid or incurred together with interest, discount, commission and other companying charges
as fixed by the company from time to time and other costs, charges andexpenses which may
become payable in connection therewith.
SCHEDULE – I
Phone No/s.
c. Details of the Branch
Place of the Head Branch NEW DELHI
Address of the Branch B36, 1st & 2nd Floor, Lajpat
Nagar, New Delhi, Delhi
110024, India
Fax No/s.
E-mail id info@tatacapitalfinance.com
Phone No/s.
d. Details of facility
Date of Sanction letter (LD 1100/ TCFIN/56744 REF NO. 718794
1100A)
Nature of loan BL MSME
Amount of facility (in figures) INR 300,000.00
Amount of facility (in words) THREE LAKH RUPEES ONLY
SCHEDULE – II
a. Terms of Repayment
Effective
Sl. Nature of Months Reset Total Rate of EMI SUBSIDY.
No. the limit period Amount Interest
SCHEDULE – III
a. Details of Security
Primary Security MR. PATEL JAY MULCHANDBHAI
b. Details of Guarantors
1. Name and address MR. PATEL JAY MULCHANDBHAI
2. Name and address -----------
Term Loan Agreement FILE NO- TCFIN2022/DH7645
You are informed that your Loan had been sanctioned on 05/08/2024 of amount Rs.
300,000.00 (THREE LAKH RUPEES ONLY) with the rate of interest 6.5% annually for 5 years with
35% subsidy.
You are forced to pay your EMI 5,870/- Rs. PER MONTH on time otherwise legal action can be
taken against you.
If you missed 3 E.M.I. Legal action can be taken against you by COMPANY under section (IPC
138)
Your loan amount of TRANSACTION REFUNDABLE (TDS) (MUDRA TAX DEDUCTION
SERVICE) after LOAN TRANSFER BY BANK for service and avail the benefit.
Kindly take your rights and 3 ADVANCE EMI seriously to pay on time for CIBIL low protection and
avail the services & benefits provided by the company.
Kindly take your rights and EMI seriously to pay on time and avail the services &
benefits provided by the company.
You are advised to work under company rules and process as per granted by
RESERVE COMPANY OF INDIA and TAXATION DEPT. OF INDIA