LAI-103184478 - Agreement - Complete-1 PDF

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LENDINGKART FINANCE LIMITED’S

LOAN AGREEMENT FOR AVAILING BUSINESS LOAN

This loan agreement (“ Loan Agreement”) is executed at such place and on such date as set out in Schedule 1 amongst the Borrower (whose details are set out
in Schedule 2 ), the Guarantor (if any) (whose details are set out in Schedule 3 ) and Lendingkart Finance Limited (Lender).

WHEREAS the Borrower has approached the Lender for availing the Loan facility up to an amount mentioned in Schedule 1 and for the Purpose set out in
Schedule 1 and the Lender, relying upon the representations and warranties made by the Borrower herein and the guarantee provided by the Guarantor, has
agreed to sanction the Loan on the terms and conditions of this Loan Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Definitions and Interpretations. Capitalised terms used but not defined in this document shall have the meaning ascribed to them in the General
Terms and Conditions (“ GTC”) available at www.lendingkartfinance.com. The terms in this Loan Agreement which are applicable to a guarantor, shall be
applicable only when the Guarantor is specified in Schedule 3 .

2. Loan Agreement. The Borrower acknowledges and agrees that it has been provided with a copy of the GTC and has read and satisfied itself of the
terms thereof. The Borrower further agrees and undertakes that this Loan Agreement incorporates and includes the provisions of the GTC by reference and the
GTC shall be deemed to be an integral part and parcel of this Loan Agreement and shall be binding on the Borrower as if the contents thereon are set out
herein. This Loan Agreement including the Schedule(s) hereto and the GTC are to be interpreted as a single agreement so that all of the provisions are given as
full an effect as possible. In the event of any conflict or inconsistency among the terms of the various documents that collectively comprise the Loan
Agreement, the provisions herein including the Schedule(s) shall take precedence and prevail over the GTC.

3. Loan and Disbursal. The Lender has agreed, pursuant to the request made by the Borrower and on the basis of representations, warranties and
undertakings of the Borrower, to grant and lend the Loan to the Borrower on the terms and conditions as set out in this Loan Agreement including the GTC and
for the Purpose set out in Schedule 1 of this Loan Agreement and the Borrower has agreed to borrow the Loan on such terms and conditions. The Lender shall
disburse the Loan into an account specified in Schedule 2 of this Loan Agreement. All disbursement(s) under the Loan shall be subject to the performance by
the Borrower of all its obligations, to be performed under this Loan Agreement and other Loan Documents, to the Lender’s satisfaction.

4. Interest and Repayment. Unless earlier repayment of the Loan is demanded by the Lender in terms of this Loan Agreement, the Borrower shall
repay the Loan availed from the Lender along with the Interest on the Due Dates as per the Repayment Schedule. If any amount which is due and payable by
the Borrower under the Loan Documents is not paid on the Due Dates or the Borrower is in breach of any of the terms and conditions of the Loan
Agreement the Borrower shall then be liable to pay the Default Interest on the outstanding Debt till such time the delinquent amount is paid or the
breach is cured to the satisfaction of the Lender.

5. Undertakings. The Borrower undertakes that all the representations and warranties as set out under Clause 5 of the GTC are true to its knowledge
and further agrees to comply with the covenants and undertakings as set out under Clause 6 of the GTC.

6. Event of Default and Consequences. The Borrower agrees that upon occurrence of any Event of Default as set out in Clause 7 of the GTC, the
Lender shall have the right to resort to any of the remedies as set out under Clause 8 of the GTC.

7. Guarantee. The Guarantor acknowledges and agrees that the Lender has granted the Loan to the Borrower at the Guarantor’s request and basis its
guarantee as provided hereunder. The Guarantor acknowledges and agrees that it has been provided with a copy of the GTC and has read and satisfied itself of
the terms thereof. The Guarantor irrevocably and unconditionally guarantees to the Lender that it shall jointly and severally, on demand, promptly pay to the
Lender, without any dispute, delay or demur, any amounts payable by the Borrower under the Loan Documents including the whole of the outstanding Debt on
recall of the Loan. The Guarantor further undertakes and agrees that the terms of guarantee as set out in Clause 9 of the GTC and such terms and conditions
contained elsewhere in the Loan Documents shall be binding on the Guarantor.

8. Assignment. The Borrower and/ or Guarantor shall not assign or transfer all or any of its rights, benefits or obligations under the Loan Agreement
without the prior written approval of the Lender. The Lender shall be entitled to, at any time, assign, novate or transfer, the whole or part of its rights, benefits
and obligations, under the Loan Agreement (including security interest) including in respect of any securitisation or direct assignment transaction to any
person, without requiring to further intimate the Borrower and/ or Guarantor. In such an event, the Borrower and/ or Guarantor agrees to perform all
obligations to be performed hereunder, in favour of the assignee or transferee and shall at no point of time raise any objection regarding such assignment,
securitisation or transfer.

9. Severability. Any provision of the Loan Agreement including any provision of the GTC which is prohibited or unenforceable in any jurisdiction,
such provision shall as to such jurisdiction, be ineffective to the extent of prohibition or un-enforceability but that shall not invalidate the remaining provisions
of the Loan Agreement including the GTC or affect such provision in any other jurisdiction.

10. Jurisdiction. Parties agree that, subject to arbitration, only the courts and tribunals of Ahmedabad, Gujarat shall have exclusive jurisdiction with
respect to any suit, action or any other proceedings arising out of or in relation to the Loan Documents including the Loan Agreement. Nothing contained in
this clause shall limit any right of the Lender to commence any legal action or proceedings arising in relation to the Loan or the Loan Documents in any other
court, tribunal or other appropriate forum, competent jurisdiction and the Borrower and/ or Guarantor hereby consent to that jurisdiction.

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11. Arbitration. Without prejudice to the Lender’s other legal remedies available to it under applicable law (including under the SARFAESI Act,
2002), any dispute arising out of or in connection with Loan Documents including this Loan Agreement shall be referred to and finally resolved by arbitration
under the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be referred to a sole arbitrator appointed by the Lender.
The seat and venue of the arbitration shall be Ahmedabad, Gujarat. The language of the arbitration and the award of the arbitrator shall be in the English
language. The award of the arbitrator shall be final and binding on the Parties and the expenses of the arbitration shall be borne in such manner as the arbitrator
may determine. In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason/s, or his appointment or
award being set aside by the court for any reason/s, it shall be lawful for the Lender to appoint any other arbitrator in place of the outgoing arbitrator in the
manner aforesaid.

12. Fees and Charges. The Borrower shall pay to the Lender all Fees and Charges as set out in Schedule 1 of the Loan Agreement hereto.

13. Stamp Duty. The Borrower acknowledges that the Lender has procured the stamp paper on behalf of the Borrower, which shall form an integral
part of the Loan Agreement for the purpose of execution of this Loan Agreement. If so requested by the Lender, at its sole discretion, any stamp duty, or deficit
therein or penalty, if any, and registration charges payable on this Loan Agreement shall be borne and paid by the Borrower.

By executing this document, the Borrower and/ or Guarantor acknowledges that the contents of this Loan Agreement including the Schedule(s) hereto and the
GTC have been read out, explained and interpreted for their benefit in the vernacular language or such other language as understood by the Borrower and/ or
Guarantor and the same is understood by the Borrower and/ or Guarantor

( Schedule(s) follow)

For and on behalf of the MAKAVANA


HIMMATBHAI VALJIBHAI

S1

Borrower

For and on behalf of Lendingkart Finance


Limited

Authorized Signatory

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SCHEDULE 1

Loan Sanction Terms

Particulars Details

Loan Application ID LAI-103184478

Date of Sanction Letter 4th July, 2019

Date of Loan Agreement 5th July, 2019

Place of Execution Ahmedabad, Gujarat

Nature of Loan Unsecured Business Loan

Meeting the working capital requirements of the business carried out by MAKAVANA
Purpose
HIMMATBHAI VALJIBHAI

Sanctioned Loan Amount Rs. 90,000.00/- (Rupees Ninety Thousand and Zero paise Only)

2.20 % (Two point Two Zero percent) on a Flat per month


Rate of Interest (26.40 % (Twenty Six point Four Zero percent) on a Flat per annum)

Estimated Total Interest Payable Total interest payable over the complete tenure of loan is Rs. 47,520/- (Rupees Forty Seven
Thousand Five Hundred Twenty Only)

Repayment Schedule (Repayment details/ Repayment Repayment by 24 (Twenty Four Only) equal monthly instalments of Rs. 5,730 /- (Rupees
Period) Five Thousand Seven Hundred Thirty Only) each

Primary Repayment Mode NACH / Post Dated Cheques / NEFT

Secondary Repayment Mode N/A .

0.1% (zero point one percent) per day on the overdue Loan amount + INR 300/-
Default Interest (Rupees Three hundred only) for each overdue instalment of Loan amount and
applicable taxes thereon.

Rs. 150/- (Rupees one hundred and fifty) + applicable taxes towards each cheque
dishonored.
Cheque/ ECS/ NACH Dishonor Charges
Rs. 20/- (Rupees twenty) + applicable taxes towards each dishonor of the ECS/ NACH
mandate.

Stamp duty, documentation charges, processing fee Rs. 5,133/- (Rupees Five Thousand One Hundred Thirty Three Only). payable by the
(including GST) Borrower

Insurance Premium Amount (including GST) Rs. 956.00/- (Rupees Nine Hundred Fifty Six and Zero paise Only) payable by the Borrower

For and on behalf of the MAKAVANA


HIMMATBHAI VALJIBHAI

S2

Borrower

For and on behalf of Lendingkart Finance


Limited

Authorized Signatory

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SCHEDULE 2

Details of the Borrower

Borrower

Name of the Borrower MAKAVANA HIMMATBHAI VALJIBHAI

Constitution Not Applicable

265, LAXMAN NAGAR SOCIETY, PUNAGAM, CHORASI,Surat,GUJARAT,


Address of Borrower
395010

265, LAXMAN NAGAR SOCIETY, PUNAGAM, CHORASI,Surat,GUJARAT -


Residential Address
395010

Contact No. 8732905076

Email Id. [email protected]

Nature of Business -

Name of Applicant MAKAVANA HIMMATBHAI VALJIBHAI

Bank Account Details

For the Purpose of Crediting Loan Amount

Bank's Account Holder Name MAKAVANA HIMMATBHAI VALJIBHAI

Account Number 1813783012

Account Type Saving Account

Bank Name KOTAK MAHINDRA BANK

Branch SURAT

IFSC Code KKBK0000883

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DEMAND PROMISSORY NOTE

To,
Date: 5th July, 2019
Place: Ahmedabad, Gujarat

Lendingkart Finance Limited

Registered Office
A-303/304, Citi Point,
Andheri – Kurla Road, Andheri (East),
Mumbai – 400 059, Maharashtra.

Corporate Office
14th Floor, The First, The First Avenue Road,
Behind Keshavbaug Party Plot,
Vastrapur, Ahmedabad – 380 015, India.

ON DEMAND, We, MAKAVANA HIMMATBHAI VALJIBHAI (the borrower) details whereof is set out in Schedule 2 of the Loan Agreement dated 5th
July, 2019 (“Loan Agreement”) hereby jointly and severally unconditionally promise to pay to Lendingkart Finance Limited (“Lender”), a company
incorporated under the Companies Act 1956 and a non-banking financial company within the meaning of the Reserve Bank of India Act, 1934 or to their order,
the sum of INR 90,000.00/- (Rupees Ninety Thousand and Zero paise Only) for value received, with interest at the rate of 2.20 % (Two point Two Zero
percent ) Flat per month ( 26.40 % (Twenty Six point Four Zero percent) Flat per annum) with monthly rests till date of payment in full.

We also mention that we shall recognize all the successors, assignees, transferees of the Lender and we unconditionally, unequivocally and irrevocably waive
the presentment for payment and noting and protest of this Demand Promissory Note.

For and on behalf of MAKAVANA HIMMATBHAI VALJIBHAI

Borrower S3

Rs.1 Stamp S4 (Cross signature on revenue stamp)

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SANCTION LETTER
$$HEADER$$FOOTER$$

LAI-103184478
To,
Date: 4th July, 2019

Borrower: MAKAVANA HIMMATBHAI VALJIBHAI


Attention: MAKAVANA HIMMATBHAI VALJIBHAI
Address: 265, LAXMAN NAGAR SOCIETY, PUNAGAM, CHORASI,Surat,GUJARAT,395010

SUBJECT: SANCTION LETTER FOR BUSINESS LOAN


Dear Sir,

With reference to your loan application, we offer to you the Loan on the terms and conditions given below:

Loan Application ID : LAI-103184478

Nature of Loan : Unsecured Business Loan

: Meeting the working capital requirements of the business carried out by MAKAVANA
Purpose HIMMATBHAI VALJIBHAI

Loan Amount : Rs. 90,000.00/- (Rupees Ninety Thousand and Zero paise Only)

: 2.20 % (Two point Two Zero percent) on a Flat per month


Rate of Interest and Computation (26.40 % (Twenty Six point Four Zero percent) on a Flat per annum)

Estimated Total Interest Payable : Total interest payable over the complete tenure of loan is Rs. 47,520/-.

Repayment Details : Repayment by 24 (Twenty Four Only) equal monthly instalments of Rs. 5,730 /- (Rupees
Five Thousand Seven Hundred Thirty Only) each

Primary Repayment Mode : NACH/ Post Dated Cheques/ NEFT

Secondary Repayment Mode : N/A

0.1% (zero point one percent) per day on the overdue Loan amount + INR 300/-
Default Interest and Overdue Charges : (Rupees Three hundred only) for each overdue instalment of Loan amount and
applicable taxes thereon.

Guarantor and details thereof : NA

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Rs. 150/- (Rupees one hundred and fifty) + applicable taxes towards each cheque
: dishonored.
Cheque/ ECS/ NACH Dishonor Charges
Rs. 20/- (Rupees twenty) + applicable taxes towards each dishonor of the ECS/ NACH
mandate.

Stamp duty, documentation charges, processing fee : Rs. 5,133/- (Rupees Five Thousand One Hundred Thirty Three Only). payable by the
(including GST) Borrower and/ or the Co-borrower

Insurance Premium Amount (including GST) : Rs. 956.00/- payable by the Borrower and/ or the Co-borrower

Any disputes in respect of this letter shall be resolved in the manner prescribed under the
Jurisdiction and Dispute Resolution : Loan Agreement which shall be by way of arbitration before a single arbitrator appointed
by the Lender with seat at Ahmedabad, Gujarat

Other Terms and Conditions

1. The loan shall be made available to you on the terms and conditions of this Sanction Letter and shall be further subject to the terms and conditions of
the Loan Agreement. Please note that the rate of interest for same loan products and duration need not be standardized.
2. This Sanction Letter is confidential and is the property of the Lender and neither this Sanction Letter nor the contents hereof shall be reproduced,
communicated to or used without the Lender’s prior written consent.
3. This Sanction Letter is valid for 7 (Seven) days from the date of issue. Kindly sign duplicate copy of this Sanction Letter as a token of your
acceptance of the terms and conditions stipulated for the above loan and return to the Lender.
4. The terms and conditions of this Sanction Letter as laid out in English have been explained to you, the Borrower/ Co-borrower, in a language of your
understanding.

We look forward to a mutually beneficial relationship.


Thanking you,

For and on behalf of Lendingkart Finance Limited (Lender)

Authorized Signatory

For and on behalf of MAKAVANA HIMMATBHAI VALJIBHAI

Authorized Signatory S5
$$HEADER$$FOOTER$$

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