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: LAP
BUSINESS BANKING
(Secured Loans)
NAME :
General Instructions
l All applications to be filled in English in CAPITAL LETTERS using a Ballpoint pen only.
l There should not be any amendments/ overwriting / erasures / cuttings on the Loan Agreement and any amendments / overwriting / erasures /
l The signature of the Borrower should be the same on the Loan Agreement & Application Form.
l Do not sign this agreement if it is blank. Please ensure all the relevant sections and documents are completely filled.
LOAN AGREEMENT
THIS AGREEMENT (“Agreement”) is made at the place and on the date mentioned in the Schedule-cum-Key Fact
Statement (hereinafter referred to as the “Schedule”) hereunder written between:
HDFC Bank Limited, a company incorporated and registered under the Companies Act, 1956 and having its Registered
Office at Bank House, Senapati Bapat Marg, Lower Parel, Mumbai 400 013, and a Branch office inter-alia at the address
mentioned in Schedule hereto (“Lending Office”), hereinafter referred to as the “Bank” which expression, unless it be
repugnant to the context or meaning thereof, shall mean and include its successors and assigns of the ONE PART.
AND
The person(s) specified as the borrower(s) and co-borrower(s) in Schedule to this Agreement (hereinafter collectively
referred to as the “Borrower”) of the OTHER PART.
The expression ‘Borrower’, unless it be repugnant to the context or meaning thereof, shall mean and include: (i) in the
event that the Borrower is a Company within the meaning of the Companies Act, 2013 or a Limited Liability Partnership,
incorporated under the Limited Liability Partnership Act, 2008, its successors; (ii) in the event that the Borrower 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 the Borrower is a sole proprietorship, the sole proprietor and his/ her legal heirs, administrators, executors
and legal representatives; (iv) in the event that the Borrower is an individual, his/her legal heirs, administrators and
executors; (v) in the event that the Borrower is a joint Hindu Undivided Family, the Karta and any or each of the adult
members of the HUF and their survivor(s) and his / her / their respective heirs, executors, administrators; (vi) in the
event that the Borrower is a Society, the members of the governing body of the Society and any new members elected,
appointed or co-opted thereon; (vi) in the event that the Borrower is a Trust, the Trustee or Trustees for the time being
thereof and their respective legal heirs, executors, administrators and successors;
WHEREAS at the request of the Borrower, the Bank has agreed to grant a Loan (as hereinafter defined) to the Borrower
on the terms and conditions herein mentioned.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY AGREED AND DECLARED BY AND
BETWEEN THE PARTIES HERETO AS UNDER:
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(l) “Loan” shall have the meaning as assigned to the term in Clause 2 hereunder.
(i) “MCLR” or “Marginal Cost of Funds Based Lending Rate” shall mean the percentage rate per annum
declared or notified by the Bank as ‘marginal cost of funds based lending rate’ from time to time having
regard to the Reserve Bank of India’s guidelines, rules and regulations.
(ii) “Policy Repo Rate” shall mean the percentage rate per annum declared or notified by the Reserve Bank
of India from time to time.
(m) “Outstanding Balance” shall have the meaning as assigned to the term in Clause 3 hereunder.
(n) “Pre- EMI” means, the interest on the Loan payable for the period starting from the respective date/ date(s)
of Disbursement up to the date from which the interest becomes payable as part of the EMIs.
(o) “Purpose” shall have the meaning as assigned to the term in Clause 2 hereunder.
(i) “Reference Rate” shall in case of the Interest Rate being floating rate, mean such benchmark or
reference rate, whether internal to Bank or external, in the discretion of the Bank, which shall be the
reference rate or benchmark rate for determining the total floating Interest Rate applicable at a given
time (whether by adding Spread or similar margin, as per provisions of this Agreement/Sanction Letter)
and which reference rate shall be specified by the Bank from time to time as being the Reference Rate
applicable in relation to the Loan facility or part thereof, as the case may be, as part of the total Interest
Rate. For clarity, such Reference Rate could be any of the base rate, the MCLR, Policy Repo Rate or
any other type of rate as may be permissible or required from time to time now or in future in terms of
any applicable law including any regulatory requirements of the Reserve Bank of India, and as shall be
specified by the Bank as Reference Rate for the time being from time to time.
(p) “Relevant Entities” shall have the meaning as assigned to the term in Clause 15.2 hereunder.
(q) “Security” shall have the meaning assigned to the term in Clause7 hereof.
(r) “Security Interest” shall mean and include any mortgage, encumbrance, charge, lien of any description
whatsoever (statutory or otherwise), pledge, negative pledge, negative lien, hypothecation, assignment,
deposit and/or escrow arrangements, comforts, preference, priority or other security agreement/ interest of
any kind or nature whatsoever including, without limitation any conditional sale or title retention agreements,
any financing for similar statement or notice filed under any recording or notice statute, and any lease having
substantially the same as any of the foregoing.
1.2 Interpretation
(a) In case of there being more than one Borrowers (i.e. there being co-borrowers), the reference to the term
“Borrower” shall be deemed to be as if it were plural and this document shall be read accordingly as if made
and liabilities undertaken by each of them jointly and severally.
(b) Reference to the masculine gender Includes reference to the feminine and neuter genders and vice-versa.
(c) All schedules and annexures shall be a part of this Agreement.
(d) The rule of construction, if any, that a contract should be interpreted against the parties responsible for the
drafting and preparation thereof, shall not apply.
(e) All references to agreements, documents, law, regulations, rules include (subject to all relevant approvals)
a reference to that agreement, document, law, regulations, rules as amended, supplemented, modified,
substituted, novated or assigned from time to time.
2.2 The Loan will be disbursed by the Bank in its absolute discretion, at the request of the Borrower, in one or more
tranches (each, a “Disbursement”), within the Availability Period only upon the fulfilment before expiry of the
Availability Period of the following conditions precedent (“Conditions Precedent”), failing which the Bank shall be
under no obligation to disburse the Loan or any part thereof. The Conditions Precedent required to be fulfilled by
the Borrower are as follows: (a) The Borrower shall deliver/ create/ perfect such of the Security/ additional security
as may be required by the Bank from time to time; (b) The Borrower shall deliver, execute, obtain and procure and
deliver all such guarantee(s)/, necessary documents including constitutional documents, resolutions, certificates,
writings, consents, authorizations, approvals, affidavits, no-objections, declarations (wherever applicable), as
may be required by the Bank; and (c) The Borrower shall have executed and delivered to the Bank such cheques/
post-dated cheques (“PDCs”)/ Standing Instructions (“SI”)/ Electronic Clearing Service Mandate (“ECS”), such
other payment instructions/ modes in such manner and form as may be directed and required by the Bank.
2.3 The respective date of Disbursement shall be the date of delivery of the cheque/other payment/transfer instructions/
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instruments by the Bank to the Borrower.
2.4.1 The Loan shall be utilised solely for the Purpose and the Loan shall not be used for any other purpose or for
investment in capital market/shares/debentures/mutual funds/purchase of gold in any form, including primary gold,
gold bullion, gold jewellery, gold coins, units of gold exchange traded funds (ETF) and units of gold mutual funds
or any illegal / anti-social or speculative activity and forsetting up of new units consuming/producing the Ozone
Depleting Substances (ODS) or to units engaged in the manufacture of aerosol units using chlorofluorocarbons
(CFC) or for purchase of Land or for investment in capital market or for purchase of shares and for acquisition of/
investing in Small Savings Instruments including Kisan Vikas Patras. Without being obligated to do so, the Bank
shall be entitled to monitor the use/end use of the Loan including through any auditor(s) or consultant(s) including
examining books of the Borrower, with necessary certification from them, as appointed by the Bank at its sole
discretion and at the cost of the Borrower.
2.4.2 Additional clauses Applicable to NRIs-
(i) The loan proceeds shall not be utilised for construction of farm houses; or carry on agricultural/plantation/
real estate business; or trade in transferable development rights; or act as Nidhi or Chit fund company.
(ii) loan proceeds shall not be used for any other activity where foreign investment is not allowed, and this shall
be applicable even if the loan is utilised in association with other person.
(iii) loan proceeds shall not be used for investment in capital market including margin trading and derivatives
2.5 The Bank shall be under no obligation to meet any further requirements of the Borrower on account of growth in
its business, etc, without proper review of credit limits
3.2 The Borrower shall pay interest on the Loan, the unpaid due interest and all other outstanding charges and
monies (except on the default interest), at the applicable Interest Rate as applicable from time to time, on the
outstanding daily balance from the respective date of Disbursement, compoundable at monthly rests. The Interest
Rate applicable as on the date of this Agreement is specified in the Schedule and shall be subject to change
every time the Reference Rate/Spread is changed/reset by the Bank at its discretion. The change in the Interest
Rate shall become effective on each date of such change in/reset of the Reference Rate/Spread. The Borrower
shall keep itself informed of such change in/reset of Reference Rate/Spread from time to time. Without limiting the
Borrower’s obligation as above, the Bank will communicate such change/reset of Interest Rate to the Borrower.
The Reference Rate may also be available on the official website of the Bank.
The Borrower hereby agrees that the Bank shall in its sole discretion have the right to change the Spread
applicable to the applicable rate of interest, in the event the Borrower’s credit assessment by the Bank undergoes
a downward change as per the RBI guidelines and/or in the event of risk profile of the Borrower undergoes a
negative change as per the RBI guidelines and/or in any other scenario as may be permitted under the RBI
guidelines/regulations and/or under Applicable Law from time to time. The Borrower hereby further agrees that
the applicable interest rate shall change in accordance with every such change in the Spread.
3.3 The Borrower(s) shall repay the Loan and pay the interest that is due from time to time by way of equated monthly
installments (EMIs) and on such dates as specified in the Schedule or as may be specified by the Bank from time
to time (time being the essence of the contract); and prior to the start of the EMIs, the Borrower shall pay the
interest at the applicable Interest Rate to the Bank in advance at the time of Disbursement (which may be hence
adjusted by the Bank from the amount of the Disbursement) by way of the Pre-EMI.
3.4 The Borrower has perused, understood and agreed to Bank’s method of determining the Interest rate from time
to time as well as of calculating EMIs as also the appropriation thereof into principal and interest.
3.5 Any service tax, interest tax and other statutory dues and costs shall be payable by the Borrower additionally.
3.6 The interest shall be computed on the basis of a year of three hundred and sixty- five days with monthly rests and
be compounded on a monthly basis. The Bank in its absolute discretion may modify the periodicity/ frequency of
the interest and/or the basis of year calculation.
3.7 The Bank shall in its absolute discretion or as per the guidelines/ directions/rules/ regulations/ law issued/ notified
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by the Reserve Bank of India and/or any other statutory or regulatory authority and any other law in force including
but not limited to, any tax law or based on the changes in the prevailing Reference Rate be entitled to modify
the Interest Rate (including Spread), and the Borrower agrees and confirms to pay interest as per such modified
Interest Rates on the Loan and related amounts on and from the date of such modification. In any event the
Borrower shall keep itself/ himself informed of all such variations/ revisions in the Interest Rate.
3.8 Notwithstanding anything to the contrary, the Bank shall, based on the change in/reset of Interest Rate applied
on the Loan, be permitted to increase the amount and/or tenure i.e. number of the EMI(s), on being intimated of
such increased EMI(s) in the following circumstances:
(i) If the EMI(s) would lead to a negative amortization i.e. where the EMI(s) is not adequate to cover the interest
in full, and/or
(ii) If the principal component of the EMI(s) is inadequate to amortise the Loan within such period as may be
determined by the Bank.
3.9 In case of any default by the Borrower in payment of the Outstanding balance on respective due dates or of any
of the terms and conditions herein, the Borrower shall be liable to pay default interest at the rate mentioned in
the Schedule hereunder, from the date of the default till the date of actual payment in full or cure of default to
the satisfaction of the Bank, as the case maybe, without prejudice to the Bank’s other rights available as per
this Agreement. Provided also that the obligation to pay default interest shall not entitle the Borrower to claim a
defence that no event of default as mentioned hereunder has occurred.
4. Repayment:
4.1 The Borrower(s) shall, if not demanded earlier by the Bank as mentioned hereinafter, repay the Loan and pay
the interest that is due from time to time by way of equated monthly installments (EMIs) in accordance with the
repayment schedule contained in the Schedule hereunder written or as may be specified by the Bank from time
to time (time being the essence of the contract).
4.2 The repayment of Loan by the Borrower(s) should be either by inward remittance from outside India or by debit
to NRE/NRO/FCNR(B)/NRNR/NRSR account of the Borrower and/or out of sale proceeds realised through
securities offered for the Loan. Further, the Loan can also be repaid by any relative (as defined under Companies
Act) of the Borrower in India through account-to-account transfer. (Applicable to NRIs)
5.2 It shall be the responsibility of the Borrower to ensure adequacy of funds in the bank account from which the
repayment is being made.
5.3 Only on realization of the amounts due by any mode as above, the Bank shall credit the account of the Borrower.
5.4 If any due date falls on a non-business day of the Bank, the payment shall be made by the Borrower on the
immediately preceding business day of the Bank.
5.5 In case of cheques/other instrument, the payment shall be deemed to have been made by the Borrower only at
the point of time the sum is credited and realized fully in Bank’s account irrespective of the date of instrument or
time of receipt or presentation of instrument.
5.6 Provided also that the Bank shall be entitled to recompute and/or modify the amounts constituting the EMI and
the dates for payment thereof by the Borrower on the occurrence of any event which in the opinion of the Bank
necessitates a recomputation / modification of the same. In the event of any such modification/ re-computation,
the Borrower agrees and undertakes to issue fresh PDCs/ SI/ ECS/NACH/ other payment mandates/ modes/
instruments to the Bank.
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5.7
In case of any amount received/ realized/ recovered from the Borrower/other obligors/properties, the same shall
be adjusted/ appropriated by the Bank in following order without any prior intimation to the Borrower: (a) taxes,
costs, expenses, charges, fees, incidental charges including prepayment charges and other monies that may
have been expended by the Bank in connection with this Agreement, (b) towards any charges, commissions,
fees, taxes, levies (wherever applicable); (c) Default Interest, (d) Pre-EMI, (e) EMI, (f) Interest payable under this
Agreement, (h) Principal amount of the Loan under this Agreement, (g) Other indebtedness of the Borrower to the
Bank, provided that the Bank may however change the aforesaid order in its sole discretion and appropriate any
payment in any manner and in any order of priority as it deems fit.
6. Prepayment:
6.1 The Bank may at its absolute discretion permit prepayment of the Loan or any part thereof where: (a) the Borrower
serves at least 15 working days’ written notice of its/ his intention to prepay at the Concerned Branch; (b) only after
expiry of 6 months/6 EMIs from the respective date of Disbursement of Loan; and (c) subject to such conditions as
the Bank may prescribe subject to applicable law and regulations, including payment of the prepayment charges
as mentioned in the Schedule hereto or as specified from time to time by the Bank. Foreclosure charges shall
be applicable as mentioned in the Schedule in case the Loan is allowed to be foreclosed at the request of the
Borrower and at the absolute discretion of the Bank and foreclosure shall take effect only when entire Outstanding
Balance has been paid to and realized by the Bank.
6.2 If the Borrower makes any prepayment without fulfilling the afore-stated conditions, the Bank shall be entitled to
appropriate the same in such manner as it deems fit and credit for the same shall only be given only on or after
due date.
7. Security:
7.1 The Borrower shall secure the entire Outstanding Balance by creating and/or furnishing such security in favour
of the Bank, of such value, in such form and manner and within such time, as may be acceptable and considered
appropriate by the Bank (“Security”).
7.2 The Borrower shall furnish at its/his own cost such other security/ additional security of such value, in such form
and manner as may be required by the Bank from time to time, including on account of any shortfall in the required
value or margin of the Security in the opinion of the Bank for any reason whatsoever or otherwise.
7.3 The Borrower shall duly and punctually comply with all the terms and conditions of holding the Security and all
applicable laws, rules, regulations and bye-laws and pay such charges for the upkeep of the assets comprising
the Security as also other dues, etc. as may be payable in respect of the assets comprising the Security and/or
use thereof.
7.4 Notwithstanding anything in this Agreement, all of the above Security and other/ additional securities as above
shall continue to secure the repayment of the entire Outstanding Balance at all times till the Final Settlement Date.
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the Borrower for availing of the Loan is, and shall be, true, complete and correct in all material aspects and there
has been no concealment by the Borrower of any such information in any manner whatsoever;(g) neither the
execution, delivery of this Agreement nor any actions/ acts/ transactions pursuant thereto, conflict with/breach/ or
cause a default under Borrower’s constitutional documents, any applicable law or other legal restriction (including,
any judgment, order, injunction, decree or ruling of any court or authority) or any instrument by which the Borrower
or any of its property is/ will be bound.(h) The Borrower is the legal and beneficial owner and has good, clear and
marketable title to the assets under the Security and the assets under the Security is free from all forms and types
of Security Interest, charge, lien or other encumbrances including legal dispute of any nature.
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9.2. Negative Covenants: Unless otherwise approved by the Bank in the form of prior written consent, the Borrower
shall: (a) neither enter into any scheme of merger, amalgamation, compromise or reconstruction, dissolution
nor permit any change in the capital structure, ownership, management or control of the Borrower including
whereby the effective beneficial ownership, management or control of the Borrower shall change; (b) neither
make any amendments in the Borrower’s Memorandum and Articles nor change the composition/ constitution
of the Borrower; (c) neither create, assume or incur any further indebtedness of a long term nature (including
borrowing, standing as surety or issuing guarantees) whether for borrowed money or otherwise, nor declare any
dividend until the Outstanding Balances hereunder have been paid in full; (d) not induct into its Board of Directors
a person whose name appears in the wilful defaulters list of RBI or CIBIL and take expeditious and effective steps
for the removal of such a person, where he/ she is already a member of the Board of Directors; (e) not transfer,
sell, lease, encumber, charge, grant on license or create or permit to create or exist any third party interest or
Security Interest over any of its assets including the assets covered under the Security or any part thereof. The
Bank’s decision in respect of the above shall be final and the Borrower shall abide by such decision.
10. Imposts, Costs and Expenses: The Borrower(s) shall pay to Bank, the charges, fees, commissions, etc including
fee, upfront processing fee, specified in the Schedule hereto/ loan application form or as specified by the Bank
from time to time, within such time or upon occurrence of such events as specified and if not specified then
forthwith upon demanded by the Bank. All other present and future costs and expenses, taxes (as applicable from
time to time), any related levy, stamp duty, registration charges, if any, in all jurisdictions, in relation to the Loan,
Security, this Agreement/Security documents, other documents/any transaction pursuant thereto, irrespective of
who the beneficiary is, shall be borne and payable solely by the Borrower, including for investigation of the title
of any property and for the creation, preparation, preservation, performance, enforcement of security, realization
and recovery of Loan, initiating/defending/pursuing any actions/notices/legal proceedings by Bank. In case of any
such sums if paid or incurred by the Bank, the Borrower shall be liable to reimburse the same to the Bank in full
forthwith.
11. Cancellation: Notwithstanding anything stated in this document, the continuation of the Loan shall be at sole and
absolute discretion of the Bank and the Bank may at any time in its sole discretion and without assigning any
reason cancel the Loan herein granted and call upon the Borrower to pay the Outstanding Balance. Any such
demand by the Bank shall constitute sufficient notice of such cancellation and upon such demand by the Bank,
the Borrower shall pay forthwith the whole of the Outstanding Balance to the Bank without any delay or demur.
The Bank reserves an unconditional right to cancel / terminate the rights of the borrower to avail of or make
drawals from the unavailed portion of the Loan / Facility sanctioned at any time during the currency of the Loan /
facility, without any prior notice to Borrower.
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12.2. If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of
Default shall have happened, the Borrower shall forthwith give the Bank notice thereof in writing specifying such
Event of Default, or such event.
12.3. On the question whether any of the above events/circumstances has occurred/ happened, the decision of the
Bank shall be final, conclusive and binding on the Borrower.
12.4. Upon happening/occurrence of any Event of Default, without prejudice to Bank’s rights and remedies under
contract or law, 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 of
the Security documents, the Bank may at its absolute discretion, pursue any or all of the following, and whether
simultaneously or independently or otherwise:
(i) declare the entire Outstanding Balance and all of the obligations of the Borrower to the Bank hereunder, to
have become due and payable by the Borrower to Bank forthwith thereupon, in which event the Borrower
shall be liable to forthwith pay to the Bank the entire Outstanding Balance;
(ii) to enforce the Security or any part thereof, including by selling, transferring or disposing off the assets/
some or any part thereof either by means of private treaty or public auction or otherwise, with or without the
intervention of any Court/ tribunal;
(iii) to exercise, initiate and pursue any action, rights, notices, remedies, any proceedings (including litigation),
whether civil, criminal or otherwise in nature, and including for recovery of Outstanding Balance.
13. Top-Up/ Additional Loan: In case any additional or top-up loan is sanctioned and/ or granted at the sole discretion
of the Bank during the currency of the Loan, this Agreement and other documents pursuant to the Loan and
Security, shall continue to be in force and in effect and be applicable additionally to the said additional loan or
top-up loan, irrespective of the fact whether the Loan is repaid or outstanding at any time, even if the loan account
number for such additional or top-up loan is different from the Loan, as if it is a part of the Loan and as modified
by any letter/ document as may be issued by the Bank in this regard, if any at such time.
14. Assignment: The Bank shall at any time, without any consent of or notice to the Borrower(s) be entitled to
securitise, sell, assign, discount or transfer all or any part of the Bank’s rights and obligations under the Loan,
this Agreement, Security, Security documents, or any other document, to any person(s) and in such manner and
on such terms as the Bank may decide. Any such sale, assignment, securitization or transfer shall conclusively
bind the Borrower and all other persons. The Borrower shall not be entitled to directly or indirectly assign or in any
manner transfer, whether in whole or part, any rights, the benefit or obligation under the Loan, this Agreement,
Security, Security documents, other document or any part thereof.
15.2 Notwithstanding anything to the contrary in this Agreement or any other document/arrangement: (i) in respect of all
and any of Borrower’s, its affiliates’, group entities’, parent entities’, associate entities’, subsidiaries’ (collectively
“Group Entities”), present and future liabilities to the Bank, its affiliates, group entities, associate entities, parent
entities, subsidiaries, any of their branches (collectively “Relevant Entities”), whether under this document or under
any other obligation/loan/facilities/borrowings/document, whether such liabilities are/be crystallised, actual or
contingent, primary or collateral or several or jointly with others, whether in same currency or different currencies,
whether as principal debtor and/or as guarantor and/or otherwise howsoever (collectively “Liabilities”), each of
the Bank and the Relevant Entities shall in addition to any general lien or similar right (to which any of them as
bankers or financial institutions may be entitled by law, practice, custom or otherwise), have a specific and special
lien on all the Borrower’s and/or Group Entities’ present and future stocks, shares, securities, property, book
debts, all moneys in all accounts whether current, savings, overdraft, fixed or other deposits, loan accounts, held
with or in custody, legal or constructive, with the Bank and/or any Relevant Entities, now or in future, whether
in same or different capacity of the Borrower/any of Group Entities, and whether severally or jointly with others,
whether for any banking relationship, safe custody, collection, or otherwise, whether in same currency or different
currencies; and (ii) separately, each of the Bank and the Relevant Entities shall have the specific and express
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right, without notice to and without consent of the Borrower or any of the Group Entities, to set-off, transfer, sell,
realize, adjust, appropriate all such amounts in all such accounts and deposits (whether prematurely or upon
maturity as per the Bank’s discretion), securities, amounts and property as aforesaid, for the purpose of realizing
or against any of dues in respect of any of the Liabilities whether ear-marked for any particular Liability or not, to
combine or consolidate all or any of accounts of any of the Borrower and Group Entities and set-off any monies,
whether of same type or nature or not and whether held in same capacity or not including upon happening of any
of the events of default mentioned in any of the documents pertaining to the respective Liabilities or upon any
default in payment of any part of any of the Liabilities. (iii) The Bank and the Relevant Entities shall be deemed to
have and hold and continue to have first charge on any assets including any deposit on which security has been/
will be created in respect of the Loan, as security also for any of the other Liabilities; and all the rights and powers
vested in the Bank in terms of any security or charge created for the Loan shall be available to the Bank and/or
the Relevant Entities also in respect of such other Liabilities, irrespective of the fact whether the Loan is at any
time outstanding, repaid or satisfied or not and even after the Loan has been repaid or prepaid.
Without prejudice to the aforesaid, the Borrower agrees to submit to the Bank irrevocable letters of consent from
the Borrower’s respective Group Entities granting the said rights including of lien and set off.
15.3 The tenure / repayment schedule/ interest rate and frequency of payment/ other terms and conditions of the Loan
are subject to change as a consequence to any change in the money market conditions or on account of any other
statutory or regulatory requirements or at the Bank’s discretion. The Bank reserves the right to review and amend
the terms of the Loan in such manner and to such extent as it may deem fit.
15.4 The Borrower hereby agrees and acknowledges that the Bank shall be entitled at its discretion to engage/ avail of,
at the risk and cost of the Borrower, services of any person/third party service provider/agent/agency, for anything
required to be done for/ in relation to/ pursuant to the Loan, including collections, recovery of dues, enforcement
of security, getting or verifying any information of the Borrower/ assets, and any necessary or incidental lawful
acts/ deeds/ matters and things connected thereto, as the Bank may deem fit and all such incidental costs and
expenses shall borne by the Borrower.
15.5 The Borrower shall indemnify and keep indemnified the Bank against all actions, suits, proceedings and all costs,
charges, expenses, losses or damages which may be incurred or suffered by the Bank by reason of any false or
misleading information given by the Borrower to the Bank hereunder or any breach / default / contravention/ non-
observance/ non-performance by the Borrower of any terms, conditions, agreements and provisions hereunder.
The Bank shall be entitled to include any amount payable by the Borrower under this clause in the Outstanding
Balance due being the subject matter of this Agreement.
15.6 Any notice, and communications given or made by the Parties under this Agreement shall be deemed to be duly
given and served if sent by courier, normal post, Registered Post, facsimile, electronic mail, personal delivery, or
by pre-paid registered mail addressed to the Borrower’s/ Bank’s (as the case may be) address, phone/ mobile
number, fax number or email as given in the application form or as mentioned in the Schedule hereto and such
notice and service shall be deemed to take effect on the third working day following the date of the posting thereof
in case of courier, normal post, registered post, at the time of delivery if given by personal delivery, upon receipt
of a transmission report if given by facsimile, upon sending the electronic mail or SMS if given by electronic mail.
15.7 This Agreement shall be construed in accordance with the laws of India. The Parties hereto expressly agree that
all disputes arising out of and /or relating to this Agreement including any related documents shall be subject to
the exclusive jurisdiction of the Courts/Tribunals of the place/ governing the place in which the Lending Office
is situated. Provided that to the extent allowed by law, the Bank shall be entitled to take proceedings relating to
a dispute in any Courts/Tribunals of any other place which has jurisdiction. Provided further that if any dispute
arising under this Agreement is below the pecuniary jurisdiction limit of the Debts Recovery Tribunals established
under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, then such dispute shall be referred
to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as may be amended,
orits re-enactment, by a sole arbitrator, appointed by the Bank. The arbitration proceedings shall be conducted in
English language. The award passed by the arbitrator shall be final and binding on the Parties. The cost of such
arbitration shall be borne by the losing Party or otherwise as determined in the arbitration award. The venue of
arbitration shall be the city in which the Lending Office is situated or such other place as may be determined by
the Bank. If a party is required to enforce an arbitral award by legal action of any kind, the party against whom
such legal action is taken shall pay all reasonable costs and expenses and attorney’s fees, including any cost of
additional litigation or arbitration taken by the party seeking to enforce the award.
15.8 As a pre-condition to the said Loan given / granted / to be granted to the Borrower(s), the Borrower authorises,
Page 11 of 27
consents and agrees that the Bank shall have the right to not return the Application, the photographs, information
and documents submitted. The Borrower, including the directors, partners, proprietors, owners, promoters,
employees, officers (wherever applicable) further acknowledges and confirms that the Bank shall, without notice
to or without any consent of the Borrower, (and even for consideration) be absolutely entitled and have full right,
power and authority to make disclosure of any information relating to Borrower including personal information,
details in relation to documents, Loan, defaults, security, obligations of Borrower, to the Credit Information Bureau
of India (CIBIL) and/or any other governmental/regulatory/statutory or private agency/entity, credit bureau, RBI,
the Bank’s other branches/ subsidiaries / affiliates / rating agencies, service providers, other banks / financial
institutions, any third parties, any assignees/potential assignees or transferees, who may need the information
and may process the information, publish in such manner and through such medium as may be deemed necessary
by the publisher/ Bank/ RBI, including publishing the name as part of wilful defaulter’s list from time to time, as
also use for KYC information verification, credit risk analysis, or for other related purposes. The Borrower waives
the privilege of privacy and privity of contract in this regard. The Bank shall have the right, without notice to or
without any consent of the Borrower, to approach, make enquiries, obtain information, from any person including
other banks/finance entities/credit bureaus, Borrower’s employer/family members/ officers/ directors/ partners/
promoters/ proprietors/ owners, any other person related to the Borrower, to obtain any information for assessing
track record, credit risk, or for establishing contact with the Borrower or for the purpose of recovery of dues from
the Borrower or any other legitimate purpose in the opinion of the Bank.
16. The Bank shall be entitled, at its sole discretion, to store, vault, keep, maintain the Custody Items, at such place,
at such facility and in such manner and on such terms, as the Bank may deem fit, whether with/by the Bank itself
or with /through any service provider or custodian of the Bank, and none of the Borrower(s), guarantors or security
providers shall have any objection to the same. In case of any loss to any of the Custody Items or any part thereof,
at any time(s), due to any Force Majeure event, theft, robbery, any similar event, riot, loss in transit, accident,
etc, or any event not at the fault of the Bank, the Bank shall not be liable for any such loss or for recreation or
any cost or compensation on account thereof or there-against or for any consequent or indirect or direct loss, to
any person including the Borrower(s), guarantors or security providers. For the purposes hereof, the expression
“Custody Items” shall mean any title deeds, related documents, papers, plans, maps, pledged goods, certificates,
shares, securities, etc. submitted or deposited to the Bank or to any person for and on behalf of the Bank, by the
Borrower or any other security provider or guarantor or any other person or anyone acting for them.
“Force Majeure Event” shall mean any circumstance not within a party’s reasonable control including, without
limitation the following events:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, suicide attack, chemical attack, civil war, civil commotion or riots, war, threat of or preparation
for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom, cyber attack, malware, ransomware or any
similar attack, virus, disruption, systems crash;
(e) any law or any action taken by a government or public authority, including without limitation imposing an
export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) non-performance by suppliers or subcontractors; and
(i) interruption or failure of utility service.
b) The Borrower hereby acknowledges and agrees that any non-compliance of the aforesaid obligations shall
be a breach of trust and fiduciary duties on the part of the Borrower. The Borrower hereby further agrees
and confirms that in case the Borrower fails to return the money within the time-lines as mentioned above,
the Borrower shall be liable to pay interest on such money to the Bank at the same rate as applicable to the
Loan granted in terms of this Agreement.
c) Without prejudice to the foregoing, the Borrower hereby agrees and confirms that the Bank shall have the
right to, at its sole and absolute discretion (a) debit any account or accounts of the Borrower maintained with
Page 12 of 27
the Bank and recover such money, under intimation to the Borrower, and/or (b) recover such money from
the future disbursements (if any) of the Loan.
d) The Borrower further agrees that such money which has been transferred or remitted by the Bank to Borrower
or in its account by mistake, accident or erroneously, shall be deemed to be a part of the total outstanding
said Dues payable by the Borrower to the Bank in terms of this Agreement and other Finance Documents,
in case and till such time that the said money has not been returned and repaid to the Bank in the manner
as stated above.”
18.
Acceptance, Signing, Delivery, Execution of this Document/Agreement:
This document may be accepted by the Borrower physically or electronically, as under:
a) Physical acceptance (wet signature) by the Borrower:
In case the document is accepted physically by the Borrower, the physical signature clauses at the end of
this document shall apply. However, in case the document is electronically accepted by the Borrower as
mentioned in (b) below, then the physical signature of the Borrower shall not be required and the physical
signature fields at the end of the document, though appearing there, shall be treated as non applicable.
The acceptance, signing and delivery by/for and on behalf of the Borrower is complete and absolute as above.
For the purpose of stamp duty, the Bank may optionally designate this document as the principal agreement or
require any extract of any part of it (“Relevant Extract”) to be designated as the principal agreement and such
determination of the Bank would be deemed to be final and binding on the Borrower. The Borrower acknowledges
that any writing on the said stamp paper or stamped (including franked/e-stamped) Relevant Extract associating
the stamp paper/stamped page (including franked) with this document would be as good as making the stamp
paper/stamped page an integral part of this document.
The Borrower also acknowledges that the execution of the agreement would be complete only once the same is
accepted by the Bank. The Bank also does not require to sign the Documents in any physical form. Subsequent
to signing of the Borrower as above, the Bank shall be deemed to have accepted this document: (i) either, online
by way of the Bank sending an email communicating such completion, from its relevant office/ branch into the
Borrower and attaching therewith the copy of this document, or (ii) by way of counter-signing or initialling at the
hands of its officer the Relevant Extract of this document or (iii) by way of by way of electronic signature ( e-sign)
or digital signature by its officer.
Upon signing of this Document by the Borrower this document and any electronic copy made by/on behalf of
the Bank thereof shall be deemed and treated as an original Document. The Bank may print paper copies of the
electronic record or produce in any such form at its discretion, of this Document and/or of logs/records of signing
by the Borrower as aforesaid, and the same shall be fully binding on the Borrower. The Borrower has no objection
to such print-outs or any such other form (in the discretion of Bank) being produced by the Bank including in
evidence in any court, tribunal or otherwise, to prove the signing, acceptance, execution as above, as well as the
contents of the contract.
Do not sign this agreement if it is blank. Please ensure all the relevant sections and documents are completely filled.
Address: Address:
Constitution: Constitution:
(3) Name: (4) Name:
Address: Address:
Constitution: Constitution:
LOAN DETAILS
Loan Amount: Rs. ______________________ Loan Tenor: ____________ months
Purpose of Loan:
Do not sign this agreement if it is blank. Please ensure all the relevant sections and documents are completely filled.
Page 14 of 27
CHARGES (All charges are non-refundable and applicable for disbursement of loan )
Processing Charges (Total Amount including
Upfront fee collected): Default interest: 2% per month on amounts due
Rs. ___________________________ GST on Processing Charges: As per applicable law
Date by which annual outstanding balance Details of Security/ Collateral: As may be
statement will be issued : 31st May acceptable to the Bank
Prepayment/Foreclosure Charges: 2.5% + Goods and Services Tax (GST) of principal outstanding
being prepaid or at such rates as decided by the Bank. Provided that no prepayment charges shall
be applicable for part prepayment once during a financial year only if the amount being prepaid
does not exceed 25% of the principal amount outstanding at the time of such prepayment. For
clarity, in case the amount being prepaid more than said 25% then the charges shall be applicable
on the entire amount being prepaid and not only on the amount in excess of said 25%. Provided
further that no prepayment charges will be charged for prepayment post 60 months after date of
last Disbursement of the Loan.
- NIL foreclosure charges on floating rate term loan sanctioned for purposes other than business
to individual borrowers with or without co-obligant(s).
- No foreclosure charges on floating rate loans to Micro & Small Enterprise (MSE) Certified
borrowers if loan is closed from Own Source of Funds.
- If Micro & Small Enterprise (MSE) certified borrower’s loans are closed from borrowed funds,
Foreclosure Charge of 2% (plus GST) will apply.
Legal Collection and Incidental charges: At Repayment Mode Swapping Charges: Rs.
actuals 500/- + GST per incident
Cheque/ EMI Return : Rs.450 + GST per Duplicate Amortization / Repayment Schedule
instance Charges: Rs. 50/- + GST per request
Stamp Duty and other Statutory Charges: As Taxes: At actual, applicable presently or in
per applicable law future
All other Charges, Commissions and Fees shall be applicable at the rate mentioned in the application form
or as stipulated by the Bank from time to time and are exclusive of Taxes and Statutory levies as applicable.
Property Swapping / Partial property Release --
Penal Interest charges for Non Adherence of
0.1% of the loan amount, Min – Rs. 10,000 + GST;
ESCROW Account - 2% additional on existing ROI
Max – Rs, 25,000 + GST per property
Penal Interest charges for not complying with
Issuance charges for photocopy of property
sanction terms – 2% per annum additional on
documents/ Retrieval of documents post
existing ROI (Charged on monthly basis), subject
disbursement of loan - Rs. 75 + GST per
to Max of Rs. 50,000 for critical security related
document set.
deferrals, Max of Rs. 25,000 for other deferrals
Revision in spread: 0.1% of Principal Outstanding
CERSAI Charges – Rs 100 + Goods and
or Rs. 5000/- +GST whichever is higher per
Services Tax (GST) for each property
Proposal
Property Document Retention charges - Rs. 1000+GST per calendar month, after 2 calendar
months from date of closure of all loans/facilities linked to the collateral
*Offer: 10% discount to Senior Citizen (main borrower) on all the above service charges.
Do not sign this agreement if it is blank. Please ensure all the relevant sections and documents are completely filled.
This additional Schedule / Key fact statement shall be in addition to and not in derogation of the
commercials covered in the existing Schedule / Key fact statement of the loan agreement and that
the details incorporated in this additional Schedule / Key fact statement shall be deemed to be part
of the loan agreement and are deemed to be replicated in the said loan agreement.
Principal & Interest Break Up
*Total Amount to be Paid *Principal Loan Amount *Interest
* Amount will be subject to change depending on change in interest rate due to external benchmark
on date of disbursement. Bank will send repayment schedule to customer within 7 days from date
of disbursement.
EMI Due Dates
EMI Start Date EMI End Date
EMI start date post completion of Principal and/or
Interest Moratorium, where applicable.
EMI Start Date
Concepts / Clarifications / Illustrative examples
Dues:
mean, the principal/interest/ any charges levied on the loan account which are payable within the
period stipulated as per the terms of sanction of the credit facility.
Overdue mean, the principal / interest/ any charges levied on the loan account which are payable,
but have not been paid within the period stipulated as per the terms of sanction of the credit facility.
In other words, any amount due to the bank under any credit facility is ‘overdue’ if it is not paid on
the due date fixed by the bank.
Relevance of the Principle of ‘First In First Out’ (FIFO) in appropriation of payments into the
borrowal account:
The Principle of FIFO i.e., ‘First In, First Out’ accounting method is relevant to arrive at the No.
of days of overdue for determining the SMA / NPA status. The FIFO principle assumes that, the
oldest outstanding dues in the loan account needs to be cleared first. The FIFO method thus
requires that what is due first must be paid by the borrower first. For example;
if in any loan account as on 01.02.2021 there are no overdues and an amount of Rs. X is due for
payment towards principal instalment/interest/charges, any payment being credited on or after
01.02.2021 in the loan account will be used to payoff the dues outstanding on 01.02.2021
Assuming that nothing is paid / or there is partial payment (Rs Y) of dues during the month of
February, the overdue as on 01.03.2021 will be Rs .X-Y.
Additionally, an amount of Rs.Z becomes due as on 01.03.2021, Now any payment / partial
payment into the account on or after 01.03.2021 will be first utilized to payoff the partial due of
01.02.2021 ( Rs X - Rs.Y) If there is more recovery than the Rs X - Rs Y. then after recovering
dues of 01.02.2021, the remaining amount will be treated as recovery towards due of 01.03.2021.
Age of oldest Dues:
The age of oldest dues is reckoned in days from the date on which the oldest payment is due and
continues to remain unpaid In the aforesaid illustration, if the Dues relating to 1st February 2021
remain unpaid till 01.03.2021, the age of the oldest dues is reckoned as 29 days on 02.03.2021.
Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
Lending institutions will recognize the incipient stress in loan accounts, immediately on Default,
by classifying them as Special Mention Accounts (SMA) The basis of classification of SMA / NPA
Category shall be as follows:
Page 16 of 27
Loan in the nature of Term Loans Loans in the nature of cash credit / over draft
SMA Sub-categories Basis for classification SMA Sub-categories Basis for classification –
– Principal or interest Outstanding balance remains
payment or any other continuously in excess of the
amount wholly or partly sanctioned limit or drawing
overdue power, whichever is lower, for a
period of
SMA-0 Upto 30 days
SMA-1 More than 30 days and SMA-1 More than 30 days and upto 60
upto 60 days days
SMA-2 More than 60 days and SMA-2 More than 60 days and upto 90
upto 90 days days
The asset classification norms of Agricultural advances which are based on Crop Season shall
continue as hitherto.
Non-performing Asset:
Page 17 of 27
01.02.2022 02.02.2022 Partly paid 2 SMA-0 01.02.2022 NA NA
dues of
01.02.2022
01.03.2022 Dues of 29 SMA-0 01.02.2022 NA NA
01.02.2022
not fully paid
01.03.2022
is also due
at EOD
01.03.2022
Dues of 1 SMA-0 01.03.2022 NA NA
01.02.2022
fully paid,
Due for
01.03.2022
not paid
at EOD
01.03.2022
No payment 31 SMA-1 01.02.2022 / NA NA
of full dues 03.03.2022
of 01.
02.2022 AND
01.03.2022
at EOD
03.03.2022
Dues of 1 SMA-0 01.03.2022 NA NA
01.02.2022
fully paid,
Due for
01.03.2022
not fully
paid at EOD
01.03.2022
01.04.2022 No payment 60 SMA1 01.02.2022 / NA NA
of dues of 03.03.2022
01.02.2022,
01.03.2022
and amount
due on
01.04.2022
at EOD
01.04.2022
No payment 61 SMA 2 01.02.2022 / NA NA
of dues of 02.04.2022
01.02.2022 till
01.04.2022
at EOD
02.04.2022
01.05.2022 No payment 90 SMA 2 01.02.2022 / NA NA
of dues of 02.04.2022
01.02.2022 till
01.05.2022
at EOD
01.05.2022
Page 18 of 27
No payment 91 NPA NA NPA 02.05.2022
of dues of
01.02.2022 till
01.05.2022
at EOD
02.05.2022
01.06.022 01.06.022 Fully paid 93 NPA NA NPA 02.05.2022
dues of
01.02.2022
at EOD
01.06.022
01.07.022 01.07.022 Paid entire 62 NPA NA NPA 02.05.2022
dues of
01.03.2022 &
01.04.2022
at EOD
01.07.2022
01.08.022 01.08.022 Paid entire 32 NPA NA NPA 02.05.2022
dues of
01.05.2022 &
01.06.2022
at EOD
01.08.2022
01.09.022 01.09.022 Paid entire 1 NPA NA NPA 02.05.2022
dues of
01.07.2022 &
01.08.2022
at EOD
01.09.2022
01.10.022 01.10.022 Paid entire 0 Standard NA NA STD from
dues of Account 01.10.2022
01.09.2022 & with No
01.10.2022 Over
dues
I/we also understand that the aforesaid few examples are illustrative and not exhaustive in
nature covering common scenarios, and that, the IRACP norms and clarifications provided by RBI
on the subjects referred above will prevail.
_____________ _____________ _____________ _____________
Do not sign this agreement if it is blank. Please ensure all the relevant sections and documents are completely filled.
Page 19 of 27
DECLARATION FOR SUBMISSION OF CHEQUES
To Date: ________________________
The Manager Place: ________________________
HDFC Bank Ltd
Nature of credit facility (ies): ___________________ Amount : Rs. ______________________
In consideration of the aforesaid credit facility/ies (“Loan”) granted/agreed to be granted by HDFC Bank Limited (”the Bank”) I/We hereby inter alia
deliver to the Bank the cheques (as detailed hereunder) :
Cheque serial numbers Total No. of cheques Cheque Amount in Rs. Drawee Bank Cheque is dated
From To or not
(Yes/No)
I/We hereby confirm that I/We have handed over the above mentioned cheques towards repayment of EMI for the loan granted/ to
be granted by HDFC Bank as mentioned above and that all the cheques are drawn in the favour of HDFC Bank Ltd
A/c ________________________________Loan” and also recorded my/our name on the reverse side of the cheques and the above cheques are
handed over to Mr./Mrs _____________________________of _______________________________(name of the sourcing channel). I/We agree and
acknowledge that in accordance with the provisions of section 20 of the Negotiable Instruments Act (“the Act”) the Bank in the present case as the holder
of the said cheques shall have the authority to complete the said cheques.
In addition to the express provisions of the Act as mentioned above authorizing the Bank to complete the said cheques, I/We hereby unconditionally and
irrevocable authorize and confirm the authority of the Bank to present the same for the payment.
I/We hereby undertake to be absolutely bound as the drawer of the said cheques so completed by the Bank and shall be liable in the same manner as
the said cheques were drawn and completed by me/us and shall ensure that the said cheques are honoured on presentation for payment.
I/We agree and acknowledge that any dishonouring of the said cheques would make me/us liable including under the provisions of section 138 of the
Negotiable Instruments Act. 1881.
This is to confirm that physical cheques received from the customer were cross taillied with the schedule and found correct.
Signature
Name
__________________________________________________________________________________________________________________________
DECLARATION BY CUSTOMER IF SIGNATURE IS NOT IN ENGLISH
The contents of the following legal documents given below have been explained by me ________________________________________________
____________________________________________________________________________________________(Name & Address of witness) to
_________________________________________(Name & Address of the person signing in vernacular language) in ________________________
__________________________________________________ ( Name of the vernacular language) and the same have been understood by him/her.
Page 20 of 27
Customer SI Debit Authorisation Form
To, Date:________________
Place: ______________
The Branch Manager,
Dear Sir/Madam,
I have taken a Secured Loan from HDFC Bank and would like to avail of the Standing Instruction facility offered by your bank to make repayments
towards my loan No. __________________________________________
towards recovery of repayment dues of my loan account as per due dates & terms and conditions mentioned in the loan agreement schedule or as
per revised instructions basis requirements as communicated from my end in line with the Bank ’s policy.
I undertake to maintain sufficient balances to cover the Loan Repayment Dues (and charges, if any) on the stipulated due dates. I also understand that
failure to repay my loan amount through this standing instruction shall be treated as a default in repayment of dues and all charges/penalties/levies
as covered by the agreement will hold good towards the non-payment of obligations.
Please treat this as an irrevocable communication as an authorization to debit my account every month with the required amounts towards the
repayment of my loan.
In the event of the above account getting closed / transferred for any reason, I/We will intimate to the Bank the new account opened with the bank to
debit the Loan Repayment Amounts as per the agreement. Further, I/We undertake the responsibility to provide the fresh set of Mandate and security
PDCs for such new account, as per terms of the agreement in lieu of existing instructions.
I also understand and accept that the Bank will have the right to set -off, without prior intimation to me, the available balances in the designated
account for recovery of overdue installments and/or charges (if any) in the loan account.
Thanking you,
Yours truly,
Name : _________________________________
EMP Code : _________________________________
Page 21 of 27
Customer Request Form for Debit Authority and Disbursement Details
To
The Manager
HDFC Bank Limited
Dear Sir,
With reference to my/our application for Secured Loan, I /We hereby request HDFC Bank to process the below mentioned requests as per details
provided.
I /We hereby authorize HDFC Bank to recover the charges as mentioned in the ‘Table of Charges’ by
o Debiting my/ our HDFC Bank A/c Number ____________________________________
o Adjusting from Disbursement Amount
Table of Charges
The Borrower(s) hereby declare(s) that the Bank has disclosed to me/us the referral fee payable to the Bank for the insurance policy(s) recommended
to me/us.
I /We also authorize the bank to deduct Pre-EMI Interest [From the date of disbursement to EMI due date of subsequent month]. I /We also authorize
the Bank to debit all other charges and fees as and when due.
I /We hereby request HDFC Bank to disburse the amount in the following manner against the facility sanctioned
Tick as applicable Beneficiary Name Bank A/c details Amount (in R) Payable Location
[ ] Pay Order
[ ] Fund Transfer
[ ] Pay Order
[ ] Fund Transfer
[ ] Pay Order
[ ] Fund Transfer
[ ] Pay Order
[ ] Fund Transfer
Page 22 of 27
I /We hereby request HDFC Bank to credit the disbursement proceeds of the said facility, directly into the under mentioned bank account through the
RTGS Facility offered by RBI
Beneficiary Name
(Account Title as held with your Bank)
Beneficiary Bank
Beneficiary Branch
Yours Sincerely,
Page 23 of 27
Date
This is in respect of the circular no. DBOD.No.BP.BC. 85 /21.06.200/2013-14, issued by RBI dated 15-Jan-2014, towards
Capital & Provisioning Requirements for Exposures to entities with Unhedged Foreign Currency Exposure.
Foreign Currency Exposure Yes / No ……………. (If yes please fill up below details)
As an entity with Foreign Currency Exposure, we are submitting the below details:
Quarterly Data on Foreign Currency Exposure as on: ________________
Customer Name:
Pan Number:
(All Amounts in INR Unhedged Hedged through forward or Natural Hedge
Crores) derivative (#)
</= 1 year > 1 year Total </= 1 year > 1 year Total </= 1 >1 year
year
FCY Receivables
Exports
Loans to JV/WOS
Others
Total (A)
FCY Payables
Imports
Trade Credits
ECBs
Other FCY loans
INR to USD swaps
Total (B)
(C) UNHEDGED (A - B)
Our Total Bank limits (including funded, non-funded and term loans) are __________________________ (In INR
Crores)
We declare that all the derivative contracts considered as hedging contracts are in conformity of pronouncements of the
Institute of Chartered Accountants in respect of their hedge effectiveness vis-à-vis the underlying exposure.
*We also confirm that our Latest Audited Earnings Before Interest and Depreciation (EBID) i.e. Profit after Tax +
Depreciation + Interest on debt + Lease rentals as on ______________ is Rs. ____________/-.
We would like to mention that UFCE to the tune of Rs. ____________ has not been included in our unhedged position
since the exposure is being hedged and managed by our parent company as explained in detail in our letter dated
_______________]
Or
Page 24 of 27
We submit that our business does not have any exposure to foreign currency. In the event that we enter into any
business that has an exposure to foreign exchange, we undertake that we will take the responsibility to keep the Bank
informed.
We would like to mention that UFCE to the tune of Rs.________ (In INR Crores) has not been included in our unhedged
position since this exposure is being hedged and managed by our parent company as explained in detail in our letter
dated _________.
Do not sign this agreement if it is blank. Please ensure all the relevant sections and documents are completely filled.
Yours sincerely,
Page 25 of 27
Partnership Declaration to Constitution cum Letter of Authority for Banking facilities
To, Date:________________
Place: ______________
The Manager,
HDFC Bank Limited,
Dear Sir/Madam,
We the undersigned are the only partners in the captioned firm as on date and are solely responsible for the liabilities thereof. We hereby agree
to avail banking facilities as mentioned above or as sanctioned by the Bank and to provide securities as per the sanction/offer letter of the Bank
dated_________.
We hereby authorize any one of the under mentioned partners to execute the various agreements and other related documents in connection with the
credit facility on behalf of the firm. The delegation of authority shall be valid and effective till otherwise communicated in writing to the Bank.
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
We shall advise in writing of any change that take place in the partnership and all of us will be liable to you on any obligation which may be standing
in the firm’s name in your books on the date of the receipt of such notice and until all such obligations shall have been liquidated.
Thanking you,
Your faithfully,
For M/s ___________________________
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
____________________________ _________________________________
Page 26 of 27
Declaration for Group Companies
Dear Sir,
1. Name of group:
2. Name of associate companies part of above group:
I/we declare that the above information is correct to the best of my/our knowledge & belief.
Thanking you,
Page 27 of 27
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