Amount Rs. This Forms Part of The PERSONAL LOAN Agreement Executed Between - Insert The Name
Amount Rs. This Forms Part of The PERSONAL LOAN Agreement Executed Between - Insert The Name
Amount Rs.
This forms part of the PERSONAL LOAN Agreement executed between______Insert the name
of the Borrowers______andThe South Indian Bank Ltd.dated ___________
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 “Borrowers” 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
South Indian Bank Ltd, a banking 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 “Bank” which
expression shall unless repugnant to the context or meaning thereof include its successors and
assigns).
WHEREAS the Borrower/s has applied to the bank for a loan/ advance of the amount more fully
specified under Schedule 1 (d) of this agreement for the purpose stated under Schedule I (e) of
this Agreement.
AND WHEREAS the bank agreed to advance/already advanced such loan upon the terms set forth
in these presents and in other loan/security documents.
In consideration of the Bank granting/ agreeing to grant the loan more particularly described in
schedule I (d) of this Agreement, it is irrevocably and unconditionally agreed, declared, recorded
and confirmed as follows:
ARTICLE I
TERMS OF THE FACILITY
a. The preamble portion of this agreement shall be deemed to be an integral part of this
agreement.
b. The terms, conditions, covenants etc. contained in this agreement shall apply, subsist and be
operative in respect of the credit facilities granted or to be granted by the Bank and this
agreement shall be construed and read as part and parcel of documents/agreements executed/to
be executed by the Borrower(s) in favour of the Bank.
c. The Loan Application shall be deemed to constitute the basis of this agreement and of the loan
advanced or to be advanced by the Bank hereunder
d. The Borrower(s) agree and understand that whenever the context requires, singular term shall
include plural and plural term shall include singular.
a. The borrower hereby warrants the correctness of each and every one of the statement and
particulars therein contained and undertakes to carry out the proposals therein set forth.
b. The Borrower/s hereby agrees that the said advance shall be governed by the terms and
conditions contained herein as well as those embodied in the loan sanction letter, Instrument of
Hypothecation, Deed of Guarantee, and other loan and/or security documents except in so far as
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a. During the currency of the credit facility, the Borrower shall not without obtaining the prior
consent in writing of the Bank declare any dividend on its share capital, if it fails to meet its
obligations to pay the interest and/or commission and/or instalments or instruments and/or other
moneys payable to the Bank, so long as it is in such default.
b. During the currency of the said credit facility, the Borrower shall not, without the prior
permission in writing of the Bank-
i) Effect any change in the Borrower‟s capital structure;
ii) Formulate any Scheme of Amalgamation or Reconstruction;
iii) Implement any Scheme of Expansion/Diversification/Modernisation other than incurring
routine capital expenditure;
iv) Make any corporate investments or investment by way of share capital or debentures or
lend or advance funds to or place deposits with, any other concern except give normal trade
credits or place on security deposits in the normal course of business or make advances to
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employees, provided that the Borrower may make such investments by way of deposits or
advances that are required statutorily to be made as per the existing laws of the country or the
rules or regulations or guidelines issued from time to time by the Authorities concerned.
v) Undertake guarantee obligation on behalf of any third party or any other company/firm
etc.
c. The Borrower agrees that the moneys brought in by the principal
shareholders/directors/depositors/other associate firms/ group companies for financing the needs
of the Borrower will not be allowed to be withdrawn, during the currency of the said credit facility,
without the permission of the Bank.
d. The Borrower agrees that it will maintain adequate Books of Accounts which would correctly
reflect its financial position and scale of operations and would not radically change the Accounting
System without prior consent of the Bank.
e. The Borrower hereby undertake not to induct a person who is a director on the board of a
company which has been identified as a willful defaulter and in case such a person is identified on
a later date by the bank or Reserve Bank of India the Borrower shall remove him/her from the
board immediately.
f. Save and except to the extent already disclosed in writing by the Borrower/s to the Bank, the
Borrower/s hereby warrants and undertakes as follows:
(i) The Borrower have obtained all necessary statutory permission/sanction to avail the loan from
the Bank and the executants of the documents are authorised to sign and execute loan documents
and do all necessary things to avail the loan.
(ii) There are no mortgages, charges, lispendens or liens or other encumbrances or any rights of
way, light or water or other easements or right of support on the whole or any part of the
specified assets of the Borrower, except to the extent disclosed to the Bank.
(iii) The Borrower are not a party to litigation of a material character and that the Borrower are
not aware of any facts likely to give rise to such litigation or to material claims against the
Borrower .
(iv) The Borrower have disclosed all facts relating to its properties to the Bank.
(v) The Borrower agrees to furnish copy of Annual Financial Statements and Budget Estimates
immediately after they are ready.
g. The Borrower shall carry on the business efficiently, properly and profitably and such business
shall be continued to such manufacturing and/or trading activity as have been notified to the Bank
and for which the Bank has sanctioned or agreed to sanction the credit facility and shall keep all
the licenses, leases, contracts, engagements essential for carrying on the manufacturing and/or
trading activity, renewed from time to time and shall not allow any interruptions or disturbances to
happen to the business.
h. The Borrower shall maintain proper books of accounts and such other registers, books,
documents, relating to the business as may be statutorily required or as may be required by the
Bank or as may be necessary and/or generally kept in the business of the kind carried on by the
Borrower and shall get the accounts, books duly audited. The Borrower shall, if so required by the
Bank, allow the Bank to inspect such books duly audited.
i. The Borrower shall submit to the Bank periodically as required by the Bank copies of the Balance
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Sheet and Profit and Loss Account duly audited and also furnish required statements, reports,
returns, certificates and information and will also execute all documents, and provide other
collateral and do all acts and things which the Bank may require to give effect to any of the terms
and conditions set out herein.
a. The loan will be disbursed to the borrower in one or more instalment(s) as may be required by
the borrower.
b. The disbursement may be direct to the supplier or by credit to Savings Bank or Current Account
of the Borrower, depending upon the purpose for which the loan is sanctioned.
c. The borrower shall give at least three clear days prior notice of drawal of any instalment of the
loan which advise may be waived by the Bank at its option.
d. In the case of joint borrowing by more than one person, the person specified under Schedule I
(f) of this agreement shall draw the amount in stages as stipulated.
ARTICLE II
REPAYMENT OF LOAN, INTEREST, OTHER CHARGES & EVENT OF DEFAULT
a. The Borrower agrees to repay the loan amount together with interest in the period specified in
Schedule II (a) of this agreement in equated monthly instalments (EMI) stated in Schedule II (b) of
this agreement.
b. The first of such instalment shall be paid on or before the date specified under Schedule II (c) of
this Agreement and subsequent instalments on or before the same day of each month thereafter,
till complete repayment.
2.2 Interest
a) The Borrower agrees to pay interest at the rate on the rests specified under schedule II (d) of
this agreement, with the rests mentioned therein. The Borrower understands that the term “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 Bank 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.
b) Notwithstanding the above, the Borrower agrees that the Rate of Interest may increase on
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account of the change of policy/directives of Reserve Bank 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 reset of rate of interest, the Borrower
shall be liable to pay interest at the revised rate of interest from the date of interest rate reset and
in the event of pre-payment of loan after 30 days from the date of reset, the Borrower agrees to
pay additional interest of 2% on the prepaid amount, calculated from the end of 30 days period till
the date of pre-closure.
c) The interest shall be calculated respectively on the daily balance of the amount due.
d) Interest specified in the Sanction Letter or any other provision in the Transaction Documents
will be computed from the respective date of drawal and shall become payable upon the footing
of compound interest with monthly rests or such other rests as may be prescribed by the Bank
from time to time.
e) Interest on the outstanding amounts under the Facilities / discount or other charges when
debited to the relevant Account by the Bank, 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 Bank will have the discretion to value date such remittance on the next
succeeding business day for the purpose of calculation of interest.
f) 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.
g) The Borrower(s) further agrees(s) that Bank 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 Bank from time to time either on account of a revision in the MCLR of the Bank
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 Bank or otherwise as decided by the Bank from
time to time/ as per directives of the Reserve Bank 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 change in
the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank 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 Bank 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 Bank, 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 Bank of India from time to time.
h) Without prejudice to the above, the Bank will also have the right to charge and the Borrower
will remain liable to pay penal interest @2% per annum or at such rate as may be prescribed by
the Bank and/or the Reserve Bank of India, from time to time, in case the borrower violates any of
the terms and conditions contained herein and/or in the sanction letter and/or for becoming the
account irregular/out of order/Non Performing Asset and/or the credit rating of the Borrower is
downgraded or on account of changes in risk weight stipulated by RBI or on any other
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circumstances, as the Bank may deem fit and necessary, provided that the charging or payment of
such penal rate of interest shall be without prejudice to other rights and remedies of the Bank.
i) On account of upward revision of interest, the Bank will have absolute liberty and discretion to
refix the equated monthly instalment and in that event the Borrower shall be liable to repay the
loan with revised interest at such revised equated monthly instalment or in the alternative the
Bank may in its absolute discretion extend the period of repayment.
If the borrower has availed the loan on Fixed Rate of Interest, the Borrower agrees to pay
Prepayment Charges in the event of prepayment of the loan, either partly or fully at the rates
mentioned below or at such other rates as may be fixed by the Bank from time to time:
i) If the loan is closed from own sources after two years from the date of availment, no pre-
payment charges will be charged.
ii) If the loan is closed from own sources before 2 years, pre-payment charges @1% of the pre-
paid amount will be charged.
iii) If the loan is closed through take over by other Banks/Financial Institutions, pre-payment
charges @2% of the pre-paid amount will be charged.
The Borrower agrees to pay processing fee/upfront fee, commitment charges, valuation charges,
documentation charges, inspection charges and such other charges fixed by the bank from time to
time.
On demand the Borrower agrees to deliver to the Bank post-dated cheques for the monthly
instalments and the Borrower warrants that the cheque will be honoured on first presentation.
Any non-presentation of a cheque due to any reason will not affect the liability of the Borrower to
pay the monthly instalments or any other sum. The Borrower agrees to forthwith replace the
cheque/issue fresh cheques if required by the Bank. The borrower shall not be entitled to call
upon the Bank to refrain from presenting any cheque for payment and if the borrower does so,
the Bank shall nevertheless be entitled to present the cheque for payment and in the event of
dishonour the provisions under Chapter XVII of the Negotiable Instruments Act, 1881 shall apply.
The Borrower(s) agrees to accept as conclusive proof of the correctness of any sum claimed to be
due from them to the Bank under the respective agreements for credit facility(ies), a statement of
account/ extract from the computer or otherwise without the production of any
voucher/document/register.
The Borrower agree, declare, affirm and confirm that notwithstanding any of the provisions of the
Contract Act or any other law or any terms and conditions to the contrary contained in this
Agreement and/or any security documents, any payment(s) made by the Borrower to the Bank
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shall unless otherwise agreed by the Bank in writing be appropriated by the Bank in the following
manner:-
First towards costs, charges, expenses and other moneys, due and payable or becoming due and
payable to the Bank;
Secondly towards interest due and payable and/or accruing due and payable to the Bank; and
Lastly towards repayment of the amount of any instalment(s) of the Principal sums due and
payable or becoming due and payable to the Bank.
Notwithstanding anything contained herein or in the security documents, Bank may at its sole and
absolute discretion recall the whole advance and the Bank will be entitled to enforce its security
upon the happening of any of the following events, viz:-
a. Any one or more instalment(s) (EMI) being unpaid upon the due date for payment thereof;
b. The Borrower/s committing any breach of default in the performance or observance of these
presents and/or the borrower's proposal and/or security documents or any other terms or
conditions relating to the advance;
c. The Borrowers/Guarantor(s) entering into any agreement or composition with its creditors or
commit any act of insolvency;
d. Any execution or distress being enforced or levied against the whole or any part of the
Borrower's/Guarantor(s)‟s properties;
e. The Borrower/Guarantor(s) going into insolvency proceedings;
f. A Receiver being appointed in respect of the whole or any part of the property of the
Borrower/Guarantor(s).
g. The Borrower/Guarantor(s) ceasing or threatening to cease, to carry on its activities;
h. The occurrence of any event or any circumstance which is prejudicial to or impairs, imperils or
depreciates or is likely to prejudice, impair, imperil or depreciate the security given to the Bank;
and
i. The occurrence of any event or circumstance which would prejudicially or is like to prejudicially
or adversely affect in any manner the capacity of the Borrower to repay the loan.
On the question whether any of the above events has happened,the decision of the Bank shall be
conclusive and binding on the Borrower .
ARTICLE III
SECURITY FOR THE FACILITY & OTHER TERMS
3.1 Security
a. The Borrower(s) agrees to furnish security, guarantee etc. as stipulated in the sanction letter of
the Bank and as demanded by the Bank from time to time. The Borrower(s) agrees to maintain
such security margin as may be stipulated by the Bank. The Borrower(s) also agrees that the
security offered for one facility shall be additional security for all other credit facilities. The Bank
shall have absolute right to decide whether or not it will accept security for the purpose of
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any/some/all of the aforesaid credit facilities any movables and other assets offered to the Bank
from time to time by the Borrower(s). The Bank shall be at liberty at its sole and absolute
discretion at any time without previous notice and without assigning any reasons whatsoever to
cease to accept the security from the Borrower(s) and/or to cease make advance there against.
b. The Borrower shall not, without the written consent of the Bank, create in any manner any
charge, lien or other encumbrance on the security given to the Bank in respect of such advance or
create any interest in such security in favour of any other party or person.
a. The Bank shall have the right of set-off/net off on the deposits of any kind and nature (including
fixed deposits) held/balances lying in any accounts of the Borrower and on any monies, securities,
bonds and all other assets, documents, deeds and properties held by/under the control of the
Bank / their trustees or agents (whether by way of security or otherwise pursuant to any contract
entered/to be entered into by the Borrower in any capacity) to the extent of all outstanding dues,
whatsoever, arising as a result of any of the Bank‟ services extended to and/or used by the
Borrower and/or as a result of any other facilities that may be granted by the Bank to the
Borrower. The Borrower also notes the banker‟s lien available to the Bank on the aforesaid assets.
b. In addition to the above mentioned right or any other right which the Bank may at any time be
entitled whether by operation of law, contract or otherwise, the Borrower authorises the Bank: (A)
to combine or consolidate at any time all or any of the accounts and liabilities of the Borrower
with or to any branch of the Bank; (B) to sell or dispose off any of the Borrower‟s securities or
properties held by the Bank by way of public or private sale or assignment or in any other manner
whatsoever without having to institute any judicial proceeding whatsoever and retain/appropriate
from the proceeds derived there from the total amounts outstanding to the Bank from the
Borrower, including costs and expenses in connection with such sale / disposal / transfer /
assignment.
3.3 Insurance
The Borrower agree that all the assets hypothecated, pledged, mortgaged or otherwise charged
to the Bank as security for the aforesaid credit facilities shall be kept at the Borrower‟s risk and
expenses in good condition and fully insured against fire and/or such other risk(s) as the Bank may
from time to time stipulate in the joint name of the Borrower and the Bank with an insurance
company approved by the Bank and for such amount as the Bank may consider necessary and that
the insurance policies shall be delivered to the Bank. If the Borrower fails to effect such insurance,
the Bank may, without being obliged to do so, insure the movable and immovable and other
assets against fire and such other risk(s) in joint names of Bank and Borrower and debit the
premium and such other charges to any account of the Borrower opened or to be opened. The
Borrower agrees that debiting of insurance premium for a particular year(s) will not cast any
obligation on the Bank to take out insurance policies of the secured assets in subsequent years. In
the event of Bank being at any time apprehensive that the safety of the goods/assets is likely to be
endangered owing to riot and/or strike (including fire arising therefrom) and/or floods,
earthquakes etc. and/or also resulting in the loss of production therefrom, the Bank may at its own
discretion, but without being bound to do so, insure or require the Borrower to insure in joint
names against any damage arising therefrom, the cost of such extra insurance being payable by
the Borrower be debited to any such account. If the Bank desires that the assets shall be insured
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against theft, the Borrower shall provide sufficient cover therefor. The Borrower agrees that in the
event of loss of insured asset, the Borrower shall submit the insurance claim to the insurance
company under intimation to the Bank and in the event of receipt of claim amount directly from
the insurance company the Borrower undertakes to remit the same to the Bank. The Borrower
further expressly agree that the Bank shall be entitled to adjust, settle, compromise or refer to
arbitration any dispute arising under or in connection with any insurance and such adjustment,
settlement, compromise and any award made on such arbitration shall be valid and binding on the
Borrower and also to receive all monies payable under any such insurance or under any claim
made thereunder and to give a valid receipt therefor, and that the amount so received shall be
credited to the Borrower‟s account and the Borrower shall not raise question that a larger sum
might or ought to have been received or be entitled to dispute its liability for the balance
remaining due on any account or accounts after such credit. Provided that the Bank may at its
sole, absolute and unqualified discretion waive all or any of these requirements.
ARTICLE IV
DISCLOSURE OF DETAILS OF BORROWER AND VALIDITY OF THE AGREEMENT
(a) The Borrower(s) agree as a pre-condition of the credit facility granted by the Bank that in case
any default is committed in the repayment of the loan/advance or in repayment of interest
thereon or any of the agreed instalment of the loan on due date/s, the Bank and/or the Reserve
Bank of India will have an unqualified right to disclose or publish the name and photograph of the
Borrower(s) as defaulter in such manner and though such medium as the Bank or the Reserve
Bank of India in their absolute discretion may think fit.
(b) The Borrower(s) agree as a precondition of the loan/advances given to him/them by the bank,
the Borrower(s) hereby agrees and give consent to the disclosure by the Bank of all or any such (a)
information and data relating to the Borrower(s), (b) the information or data relating to any credit
facility availed of/to be availed by the Borrower(s) and (c) default, if any, committed by the
Borrower(s) in discharge of Borrower(s)‟ such obligation as the Bank may deem, appropriate and
necessary, to disclose and furnish to Credit Information Bureau (India) Ltd (CIBIL) or any other
agency authorised in this behalf by RBI. The Borrower(s) also declares that the information and
data furnished by the Borrower(s) to the bank are true and correct. The Borrower(s) undertakes
that (a) the Credit Information Bureau (India) Ltd. (CIBIL) or any other agency so authorised may
use, process the said information and data disclosed by the Bank in the manner as deemed fit by
them; and (b) the Credit Information Bureau (India) Ltd. (CIBIL) or any other agency so authorised
may furnish for consideration, the proposed information and data or products thereof prepared by
them, to any Banks/Financial Institutions and other credit grantors or registered users, as may be
specified by Reserve Bank of India in this behalf. Further, the Borrower(s) hereby confirm that the
Borrower(s) shall not raise any dispute in whatsoever manner regarding information/details
furnished to CIBIL/other authorities and the same is binding on the Borrower(s).
Nothing contained herein shall prejudice any rights or remedies of the Bank in respect of any
present or future security, guarantee, obligation or decree for any indebtedness or liability of the
Borrowerto the Bank.
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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 III hereto.
If any provision of this agreement is illegal, invalid or unenforceable for any reason, it will be
severed from the remaining provisions, which will remain unaffected.
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 banking charges as fixed by the
bank from time to time and other costs, charges and expenses which may become payable in
connection therewith.
SCHEDULE – I
E-mail id
Phone No/s.
c. Details of the Branch
Place of the Branch
Address of the Branch
Fax No/s.
E-mail id
Phone No/s.
d. Details of facility
Date of Sanction letter (LD 1100/
1100A)
Amount of facility (in figures)
Amount of facility (in words)
e. Purpose of Loan
f. Person authorised to draw the loan in
stages, in case of Joint borrowal
SCHEDULE – II
a. Period of Loan __________ months
b. Equated Monthly Instalments (EMI)
c. Date of Payment of 1st Instalment
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SCHEDULE - III
SPECIAL CONDITIONS
Borrower(s)