PL Agreement
PL Agreement
PL Agreement
Personal Loan
between __________________
and Deutsche Bank AG, India
(To be stamped with appropriate stamp duty amount)
This loan agreement (”Agreement”) is made at the place and on the date stated in the Schedule attached hereto
BETWEEN
Deutsche Bank AG, a banking company incorporated and existing under the laws of Federal Republic of Germany having its
registered offce at Taunusanlage 12, D-60325 Frankfurt, and acting through its branch in India mentioned in the Schedule,
hereinafter referred to as “the Bank” (which expression shall unless the context otherwise requires, include its successors and
assigns) of the one part
AND
The borrower(s) whose name(s) and address(es) are stated in the Schedule and hereinafter referred to as “Borrower”, which
expression shall unless the context otherwise requires, include in case of an individual or proprietor of sole proprietorship, the
heirs, executors and administrators of such individual or proprietor, in case of a company, its successors and assigns and in case
of a partnership firm , the partner or partners for the time being of the said firm, the survivors or survivor of them and the heirs,
executors and administrators of such partners of the other part.
AND WHEREAS the Borrower has requested the Bank to provide a loan for the purpose stated in the Schedule hereto (“Loan”)
and the Bank has accepted such request on the terms and conditions set out in this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO AGREE AS FOLLOWS: -
Article I – Definitions
1.1. The following definitions apply throughout this Agreement unless the context otherwise requires
“Branch" means the branch of the Bank situated at the place specified in the Schedule through which the Loan is disbursed
and shall include any other branch where the Loan account is maintained or transferred to any time at the sole discretion of the
Bank.
"EMI" or "Equated Monthly Installment" shall mean the amount of monthly payment necessary to amortise the Loan with
interest, over the tenor of the Loan. EMI amount shall incorporate repayment of principal and payment of interest calculated
on the basis of the Interest Rate, periodicity of compounding, periodicity of repayment, periodicity of effecting credits in the
account so as to aim repayment of the entire liability under the Loan at the end of its tenor.
“EMI holiday” shall mean a particular month each year during the tenor of the Personal Loan as may be opted by the Borrower
for which no EMI is payable by the Borrower and by reason whereof there is increase in Personal Loan tenor subject to certain
conditions such as good repayment record or such other conditions as may be determined by the Bank in its sole discretion.
“Fixed Rate” means the rate of interest applicable on the Loan, which is subject to review by the Bank after a fixed period as
specified in the Schedule.
“Flexi Rate” means interest at the rate specified in the Schedule, where a p art of the total is on a Fixed Rate and the remaining
is on Floating Rate, chosen by the Borrower, in the application form and specified in the Schedule.
"Floating Rate" shall mean the applicable interest rate announced by the Bank as per the EBTL to the Loan with a spread, if any,
as may be decided by the Bank from time to time as specified in the Schedule.
“Interest Rate” means the rate at which the Bank shall compute and apply interest on the Loan, being either Fixed Rate, Floating
Rate or Flexi Rate as specified in the Schedule or as may be amended from time to time by the Bank. The Interest Rate shall be
linked to EBTL.
“EBTL” means 3-Month Treasury Bill Rate published by the Financial Benchmarks India Private Limited (FBIL), reference rate
for lending to be charged in accordance with Reserve Bank of India’s circular DBR.DIR.BC.No. 14/13.03.00/2019-20 dated
September 4 2019, as amended from time to time.
In addition, the Bank shall also charge a spread over the EBTL in such manner and subject to such criteria, as it deems fit on
case to case basis.
“Loan” means a term loan facility made available to the Borrower by the Bank under this Agreement.
“Penal Charges” means charges levied by the Bank and payable by the Borrower on account of; (i) delay in repayment of EMIs,
(ii) non-submission of valid repayment instructions (iii) delay in creation of ROC charge, where applicable, or any other category
as specified in the schedule of charges and payable at the rate as specified in the schedule of charges published on the Bank’s
website.
“Prepayment” means premature repayment of the Loan in part or full by the Borrower ahead of the repayment tenor specified in
the Schedule.
“Prepayment Charges” means charges levied by Bank for prepayment as specified in the Schedule.
"Schedule" means the Schedule appended to this Agreement or any amendments re replacements thereto. Such amended
Schedule shall supersede the fees, rates and charges stated in the Schedule to this Agreement.
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Signature of the Borrower and Guarantor(s)
1.2 In this Agreement unless the context otherwise requires:
(a) references to Articles are to be construed as references to the Articles of this Agreement and references to
Schedules are to be construed as references to the Schedule to this Agreement and any supplementary or
additional Schedule, from time to time executed by the parties and references to this Agreement include
references to all such Schedules attached from time to time;
(b) references to a person shall be construed as including references to an individual , firm, the Bank or other body,
whether incorporated or not;
(c) references to a “business day” shall be construed as a reference to a day (other than a Public Holiday or Sunday)
on which Banks are generally open for business in the place of execution of this Agreement specified in the
Schedule; and
(d) words importing the plural shall include the singular and vice-versa.
1.3 Article Headings are inserted for sake of convenience only and shall not affect the interpretation of the provision thereof.
Article II
Loan, Interest, etc.
2.1. Amount of Loan. Relying on the representations, covenants and undertaking of the Borrower set forth herein the Bank agrees to
lend to the Borrower a sum stated in the Schedule to this Agreement.
2.2. Purpose of Loan. The purpose of the loan is stated in the Schedule hereto.
2.3. Interest. The Interest Rate applicable on the Loan shall be as stated in the Schedule hereto unless varied in terms of this
Agreement. Interest on the Loan shall begin to accrue and become payable from the date of disbursement of the Loan signified
by issuance of disbursement pay order/ demand draft or otherwise, without the Bank concerning itself with the receipt of such
disbursement by the beneficiary/ recipient and also with the realisation of such pay order/ demand d raft or the time taken in
such realisation.
2.4. Computation of Interest. Interest on the Loan shall be computed and debited to the Loan account:-
(i) on the day mentioned in the Schedule;
(ii) taking the basis of number of days in the year (365 or 366 as the case may be) and calculated at monthly rests; and
(iii) at the Interest Rate stated in the Schedule or as may be revised by the Bank from time to time; and
(iv) on the actual amount outstanding on the last day of the preceding period as stated in the Schedule.
The Floating Rate shall be reviewed by the Bank from time to time on the Interest Rate reset dates mentioned in the Schedule.
In case of Floating Rate, upon any change in Interest Rate or if the Borrower makes prepayment, then either the EMI or loan
tenor will change, at the discretion of the Bank.
2.5. Taxes: The Borrower hereby agrees to comply with the below stated tax related conditions (below tax clause is applicable for
the client located in India):-
Direct Taxes :
(i) All Deutsche Bank A.G. branches in India (hereinafter referred to as ‘DBAG India’/ ‘DB’) hold annual withholding tax (‘WHT’)
exemption certificate, issued by the Indian Revenue Authorities (IRA) under section 195(3) of the Income Tax Act, 1961.
The WHT exemption certificate is applicable to all sums received by DBAG India only on its own account and not on the
account of any Deutsche Bank Branch outside India. It is hereby confirmed that the amounts received/ receivable by DBAG
India under this agreement/ letter is on account of DBAG India/ DB. The WHT exemption certificate entitles DBAG India
to receive any sum without any deduction of tax at source. In view of the aforesaid the Borrower confirms that it shall not
deduct/ withhold tax on payments to DBAG India. A copy of the certificate will be available on request.
(ii) For subsequent year (s), DB would hand over the WHT exemption certificate as soon as it is received from IRA. If such
certificate is not received by the Borrower for the subsequent years, the Borrower, before making payment to DB, shall seek
requisite clarification from DB on the WHT exemption certificate status and also ask for the copy of the WHT exemption
certificate.
In the event DB is unable to provide such renewed WHT exemption certificate to the Borrower the Borrower shall make
that Tax deduction and deliver to DB a tax deduction certificate in the format prescribed under the Income Tax Rules, 1962
(Rules) and within the timelines prescribed under the Rules.
Where the amount to be paid by the borrower is recovered by DB through debit to the borrower's bank account with DB, DB
will reimburse the borrower the TDS amount that would be deposited by the borrower, once borrower submit the evidence
of TDS amount deposited against DBAG's PAN number. In such case borrower to deliver the TDS certificate immediately
post uploading the quarterly TDS statement.
(iv) In case the failure as per above clause (iii) is not corrected by the Borrower within 30 days, the Borrower shall,
forthwith on demand from DB or within the timelines as agreed between the parties to this Agreement, promptly indemnify
DB against the loss, charge, expense, penalty along with interest incurred or to be incurred by DB in connection therewith
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Signature of the Borrower and Guarantor(s)
(v) The Permanent Account Number (PAN) of DB is AAACD1390F.
Indirect Taxes:
(i) All amounts (including but not limited to break cost, processing fee or any other fee and expenses including out of pocket
expenses reimbursable to DB) due to DB from the Borrower shall be deemed to be exclusive of any Indirect Tax.
(ii) If any Indirect Tax is applicable on the supply by DB to the Borrower under this Agreement/ Letter or if DB is required to
make payment of Indirect Tax on such supply, DB shall recover from the Borrower such amount of Indirect Tax along with
the amount due under this Agreement/ Letter through issuance of a Tax Invoice/ Debit Note and the Borrower shall pay DB
such Indirect Tax over and above the amount due to DB, referred at (i) above.
(iii) DB would issue credit note in case of any downward revision in value or other changes as allowed under GST law. Separate-
ly, in case borrower identifies any specific points which require an issue of credit note as permitted under GST law, borrower
would need to inform DB on or before September of the next financial year to which the invoice pertains as per timelines
provided under GST law.
(iv) The Borrower undertakes to provide GSTIN, the address to which Tax Invoice is to be issued, GSTIN certificate and such
other information/ documents, as may be required by DB, to adhere to statutory compliances as applicable under Tax Law
for issuing Tax Invoice. DB shall not be responsible for verification of GSTIN provided by the Borrower. In case the details
provided by the Borrower are incorrect owing to which DB is again required to deposit tax, along interest or penalty (consid-
ering the correct GSTIN), then, DB will recover such tax, interest, and penalty from borrower to deposit the same to proper
GST authority along with applicable GST.
(v) If the Borrower fails to provide the GSTIN to DB before the Tax Invoice is issued, the Borrower shall be treated as ‘unreg-
istered’ and no adjustment pertaining to Tax Invoice already issued will be carried out subsequently. GSTIN provided by
Client will be considered only for the invoices issued from the date of provision of GSTIN by Client.
(vi) Both parties acknowledge and agree that in the event of any enquiry, scrutiny, audit, assessment or any other proceedings
initiated by Tax authorities, both parties shall fully co-operate with each other by furnishing the relevant information related
to the service provided under this Agreement in reasonable time, as may be required by any of the party.
“Tax” means all forms of present and future taxes, including but not limited to (1) Direct Taxes on income including tax deducted
at source (referred to as TDS or WHT) and (2) Indirect Tax which includes Goods and Service Tax (GST) or any other tax of similar
nature and any interest, additional taxation, penalty, surcharge or fine in connection therewith and "Taxes" shall be construed
accordingly.
“Tax Laws” means the prevalent Tax laws and rules thereunder, or any amendments thereto, in India at the Central, State or
Municipal/ local level.
The charges in relation to the disbursement (including charges of issuance or collection of proceeds by the beneficiary of such pay
order or demand draft) shall be borne by the Borrower.
2.10. Repayment.
The Loan (including the principal, interest thereon and any other charges, premium, fees, taxes levies or other dues payable by the
Borrower to the Bank in terms of this Agreement) shall be repayable by the Borrower to the Bank:
(i) At the Branch (or at any other branch of the Bank or at any other place as may be notified by the Bank);
(ii) By way of EMI mentioned in the Schedule towards repayment of principal and interest; and
(iii) By separate repayments in case of :
a. Prepayment
b. repayment of Loan, fees, charges including Penal Charges, taxes, claims, costs, interest, any other statutory levies
or cess or expenses charged to the Loan account. ; or
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Signature of the Borrower and Guarantor(s)
The Borrower shall issue SI or authorise payment to the Bank through ECS (NACH) approved by the Reserve Bank of India from
the bank in which the Borrower has an account with specific instructions to debit the account of the Borrower every month and
credit such account as directed by the Bank, for value of the EMI due. All repayments of principal and payment of interest and all
other amounts by way of EMI or otherwise shall be given effect to in the loan account (only upon realisation of cheque/ demand
drafts ECS (NACH)/ SI) in accordance with the method of effecting payment as stated in the Schedule or as adopted by the Bank
from time to time. If the Borrower(s) desire to swap/ interchange the ECS (NACH)/ SI from one bank to another by any reason
whatsoever, the Borrower may with prior written permission of the Bank, do so by paying to the Bank such swap charges as set out
in the Schedule or as amended by the Bank from time to time.
2.11. Prepayment.
At any time from the date of disbursement, the Borrower shall be entitled to prepay the Loan, in full, as per rules of the Bank,
including as to payment of Prepayment Charges, for the time being in force. If at any time, the Bank receives less than the full
amount then due and payable to it under this Agreement, the Bank may allocate and apply the amount received in any way or
manner and for such purpose or purposes under this Agreement as the Bank in its sole discretion determines, notwithstanding any
instruction that the Borrower may give to the contrary.
Article III
Representations and Warranties
(i) This Agreement has been duly authorised, executed and delivered by the Borrower and constitutes a valid, binding
and enforceable obligation, enforceable against the Borrower in accordance with its terms.
(ii) The information provided in the Application for the Loan and set out herein is complete and true in all respects.
(iii) There are no pending claims, demands, litigation or liquidation proceedings against the Borrower or the assets
or property of the Borrower which impair or materially affect the ability of the Borrower to perform its obligations
under this Agreement.
(iv) The Loan is required for the purpose stated in the Schedule hereto and the Borrower shall utilise the Loan for such
purpose only.
(v) Neither the execution and delivery by the Borrower of this Agreement nor the performance of the obligations
under this Agreement conflicts or shall conflict with or result in any breach of any of the terms, conditions or
provisions of, or violate or constitute a default or require any consent under any contract or instrument to which
the Borrower is a p arty or any statute, rule or regulation or any judgement, decree or order of any court,
governmental authority, bureau or agency binding on or applicable to the Borrower or in case of a company/ firm/
body corporate, the constitutional documents of the Borrower.
(vi) The Borrower has exercised due care and caution (including, where necessary, obtaining advice of tax/ legal/
accounting/ financial/ other professionals) prior to taking of the decision, acting or omitting to act, in respect of
availing the Loan.
(vii) The Borrower hereby declares and confirms that he is not (i) a director of a banking company, or (ii) a relative
of a director of the Bank. (iii) a “senior officer" of the Bank (iv) a relative of a senior officer of the Bank. The
Borrower undertake to promptly inform the Bank upon any of the above declarations becoming untrue (along
with details of the change). The scopes of the term ‘relative’ and ‘senior offcer' are mentioned below. The term
‘banking company’ has the meaning given to it under the Banking Regulation Act, 1949.
(a) The scope of the term ‘relative’ will include spouse, father, mother (including step-mother),son (including
step-son), son’s wife, daughter (including step-daughter), daughter’s husband, brother (including step-
brother), brother’s wife, sister (including step-sister), sister’s husband, brother (including step-brother) of
the spouse, sister (including step-sister) of the spouse.
(b) The term ‘Senior Officer' will refer to any officer in senior management level in Grade IV and above in
a nationalised bank and any officer in equivalent scale in the State Bank of India and associate banks and
in any banking company incorporated in India.
(viii) The Borrower irrevocably agrees and expressly consent to the Bank, at any time, to disclose to or share with or
in any other manner make available to, its head office and any branch, an affiliate entity, associate agent or
representative of the Bank, auditors, professional advisors, credit rating agency or any other person to whom the
Bank intends to or has transferred or assigned the whole or part of the Loan. If the Borrower defaults in its
obligations under any document or instrument related to the Loan, the DB and/ or the RBI will have an unqualified
right to disclose or publish the details of such default and the name of the Borrower (as defaulters, in such manner
and through such medium as DB or the RBI, subject to applicable law, thinks fit.
3.2. Reliance.
The Bank has entered into this Agreement in reliance of the representations, warranties and undertakings of the Borrower
set out herein. These representations and warranties are true and correct in all material respects on and as of the date
of this Agreement and with the same effect shall be repeated on the date of each disbursement of the Loan as if those
representations and warranties had been made on and as of the date of this Agreement.
3.3. The Borrower will not directly or indirectly use the proceeds of the offering of the securities/ Facility hereunder, or lend,
contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity
i) to fund or facilitate any activities of or business with any individual or entity ("Person") that, at the time of such
funding or facilitation,is (collectively, a "Sanction Target"):
A) the subject or the target of any sanctions or trade embargos administered or enforced by the U.S.
Department of the Treasury’s Office of Foreign Assets Control ("OFAC"), the U.S. Department of State,
the U.S. Department of Commerce, the United Nations Security Council ("UNSC"), the European Union
("EU"), Her Majesty’s Treasury ("HMT"), Hong Kong Monetary Authority (“HKMA”), the Monetary
Authority of Singapore (“MAS”) or any other applicable sanctions regulation, (collectively, "Sanctions"), or
B) owned 50% or more by or otherwise controlled by, or acting on behalf of one or more Persons referenced
in clause (A) above, or
C) located, organised or resident in a country or territory that is the subject or the target of Sanctions
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Signature of the Borrower and Guarantor(s)
(including but not limited to, Iran, North Korea, Sudan, the Crimea region in Ukraine, and Syria) (each, a
"Sanctioned Country"),
ii) to fund or facilitate any activities of or business in any Sanctioned Country, or
iii) in any other manner that will result in a violation by any Person (including any Person participating in the
transaction, whether as initial purchaser, advisor, investor or otherwise) of Sanctions.
3.5. None of the Borrower has or intends to have any business operations or other dealings
i) in any Sanctioned Country, including the Crimea region in Ukraine, Iran, Sudan, North Korea and Syria,
ii) with any Specially Designated National (“SDN”) on OFAC’s SDN list or with a designated person targeted by asset freeze
sanctions imposed by the UN, EU or HMT or any other applicable sanctions authority.
3.6. The Borrower has/ have instituted and maintain(s) policies and procedures designed to prevent sanctions violations (by such
Issuer and guarantor and their Subsidiaries and by persons associated with such Issuer and guarantor and their Subsidiaries).
3.7. The Borrower neither know nor have reason to believe that any of them are or may become subject of sanctions- related
investigations or juridical proceedings.
3.8. The clauses under [Sanctions-related clauses] apply only if and to the extent that they do not result in a violation of the Council
Regulation (EC) No. 2271/96 of 22 November 1996 as amended by Commission Delegated Regulation (EU) 2018/1100 of 6
June 2018, section 7 of the German Foreign Trade Ordinance (Außenwirtschaftsverordnung - AWV) or any other applicable
anti-boycott or similar laws or regulations’.
3.9. The Borrower agrees that no notice, reminder or intimation shall be given to the Borrower regarding the Borrower’s obligation
and responsibility to ensure prompt and regular repayment of Loan.
Article IV
Conditions Precedent to Disbursement
4.1. The Bank may not disburse at any time, any amount under the Loan unless the following conditions are complied with in
the sole discretion of the Bank:
i) This Agreement is duly executed and delivered to the Bank by the Borrower.
ii) At the request of the Bank, the Borrower procures in favour of the Bank, a guarantee of such person as may be approved by
the Bank, for guaranteeing repayment of the Loan with interest and all other amounts payable in respect thereof.
iii) The Borrower submits to the satisfaction of the Bank a certificate of employment from his employer and his financial
statements.
iv) The Borrower submits to the Bank, NACH/ SI towards payment of EMIs.
v) The Borrower submits to the Bank any other documents or writing, as the Bank may require in its sole discretion.
vi) No event of default shall have occurred at the date of disbursement of the Loan.
vii) The Borrower shall have produced evidence of the utilisation of the Loan or any part disbursement of the Loan.
viii) The Borrower shall have produced the Borrower’s periodic financial statements.
Article V
Covenants of the Borrower
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Signature of the Borrower and Guarantor(s)
5.4. Stamp Duty and Other Statutory Charges.
The Borrower shall be responsible to bear and pay the stamp duty as well as all other statutory charges arising on account of the
Loan including stamp duty and registration charges on this Agreement, on the document(s) creating any security in favour of the
Bank, if demanded by the Bank as well as on all other instruments executed in relation to the Loan. Bank’s Right to Inspect. The
Borrower agrees that the Bank or any person authorised by the Bank shall have free access to the financial records of the Borrower
for the purpose of examining the ability of Borrower to repay the Loan or ascertaining the proper utilisation of the Loan.
5.5.
(i) Upon demand by the Bank in case of any event of default, the Borrower shall furnish security to the satisfaction of the Bank
or furnish a guarantee for its obligations to repay the Loan in terms of this Agreement in such form and manner as may be
requested by the Bank. To create or perfect such security, the Borrower shall execute any agreement, document or
undertaking.
Any security(ies) furnished by the Borrower, under any other agreement entered into or to be entered into with the Bank,
shall be deemed to be the security(ies) under this Agreement. The Borrower agrees that the security(ies) offered in respect
of the Loan shall be deemed to be continuing security(ies) in respect of other loan(s)/ facility(ies) obtained/ to be obtained
by the Borrower from the Bank and shall not be discharged till such time all the loan(s)/ facility(ies) are fully discharged to
the satisfaction of the Bank.
Miscellaneous property of the Borrower. Without prejudice to the other rights of the Bank, the Bank shall have a paramount
charge,lien and right of set on all monies, securities, deposits and other assets and properties belonging to the Borrower or
standing to the Borrower’s credit (whether singly or jointly with any other person(s) in any account whatsoever with any
branch of the Bank for any purpose whatsoever and the Bank shall be entitled to appropriate the same for the settlement of
any amount due and unpaid in terms of this Agreement.
(vii) in case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or
retire from the employment prior to the age of superannuation or being discharged or removed from service before
such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits
(including compensation) becoming payable by the Borrower from his/ their employer on account of his such
cessation of employment and to receive and appropriate the same towards the Borrower's liability under the Loan;
(viii) have the right, at its discretion, to demand all residual charges including but not limited to Penal Charges, fees, late
payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and
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Signature of the Borrower and Guarantor(s)
(ix) to determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such
that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this
Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the
Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the
time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-
payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.
Article VI
Events of Default
6.1. Events of Default. The Bank may, by a written notice to the Borrower, declare all sums outstanding under the Loan (including
the principal, interest, fees, charges, expenses, etc.) to have become due and payable forthwith upon the occurrence (in the sole
decision of the Bank) of any one or more of the following events:-
(i) the Borrower fails to pay to the Bank any amount when due and payable under this Agreement or any other agreement or
the NACH/ ECS/ SI is cancelled/ withdrawn/ revoked for any reason whatsoever;
(ii) the Borrower fails to pay to any person other than the Bank any amount when due and payable or any person other than the
Bank demands repayment of the loan or dues or liability of the Borrower to such person ahead of its repayment terms as
previously agreed between such person and the Borrower;
(iii) the Borrower defaults in performing any of the Borrower’s obligations under this Agreement or breaches any of the terms
or conditions of this Agreement;
(iv) the Borrower opts to resign or retires from the employment prior to the age of superannuation or is discharged or removed
from service before such date for any reason whatsoever;
(v) any information provided by the Borrower to avail the Loan or any representations or warranties herein expressed are found
to be incorrect or misleading;
(vi) if there is reasonable apprehension that the Borrower is unable to pay debts due to any person other than the Bank or any
creditor has commenced proceedings to declare the Borrower insolvent or bankrupt or if the Borrower shall become
bankrupt or insolvent or commit act of insolvency or initiate any proceedings for being declared bankrupt;
(vii) the Borrower fails to give NACH/ SI or submit additional documents to the Bank as provided herein;
(viii) in case of Borrower being an individual, the death of the Borrower;
(ix) any governmental authority or any person acting or proposing to act under governmental authority takes any action to
condemn, seize or appropriate, or to assume custody or control of, or appoint a receiver or liquidator in respect of, or passes
an order of acquisition, requisition or lien against all or any substantial part of the properties of the Borrower, takes any
action against the Borrower or takes any action to displace the management of the Borrower or to curtail its authority in the
conduct of its business; or
(x) the Borrower fails to furnish the financial statements or any other information requested by the Bank in terms of this
Agreement.
(xi) The Borrower fails to pay any amount when due and payable on other loans/ facilities availed from the bank or any other
financial institution
(xii) Deterioration in the business activities of the borrower or general industry/ segment that the borrowers business is a part of
(xiii) Decline in performance of the borrower on credit facilities or decline in score as reported by Credit Information companies
(xiv) The Borrower fails to submit end use documents or any other document required by the Bank from time to time
(xv) Material adverse news reports/ Litigations against the borrower(s) that may have a material adverse on its functioning/
business operations; The above events may also result in deterioration in credit profile and could result in increase in the
charged
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Signature of the Borrower and Guarantor(s)
(iv) To charge additional interest rate above the prevailing interest rate change on the Loan such additional interest rate shall
be charged/ debited to the Borrower's Loan account on the specific date thereof and shall be deemed to form part of the
outstanding. Such interest and other amounts shall accordingly attract interest at the same r ate as charged on the loan in terms
of this Agreement until payment thereof to the Bank to it’s satisfaction.
6.3. Expenses of Collection. All reasonable costs incurred by the Bank after an event of default has occurred in connection with:
collection of amounts due under this Agreement may be charged to the Borrower and reimbursed by the Borrower, as the Bank
shall specify.
Article VII
Assignment and Transfer
7.1. The Bank shall have a right to sell or transfer (by way of assignment, securitisation or otherwise) the whole or part of the Loan
and outstanding amounts under the Loan including the security if and when created in its favour and/ or any other rights under
this Agreement or any other document pursuant hereto to any person including a non-individual entity in such manner or upon
such terms and conditions as the Bank may decide in its sole discretion and without giving notice thereof to the Borrower.
7.2. The Borrower expressly agrees, in the event of being notified of any sale, assignment or transfer as aforesaid, to accept such
person to whom the Loan is sold, assigned or transferred as his lender and make the repayment of the Loan together with all
interest, fees, charges and expenses due under this Agreement to such person as may be directed by the Bank.
7.3. The Borrower shall not be entitled to transfer or assign any of his/ her rights under this Agreement.
Article VIII
Miscellaneous
8.1. Waiver.
The Parties agree that any delay or omission by the Bank in exercising any of its rights, powers or remedies as the lender of the
Loan under this Agreement and other documents pursuant hereto shall not impair the right, power or remedy or be construed as its
waiver or acquiescence by the Bank.
8.4. Notice.
The addresses of the parties shall be as mentioned in the Schedule. The Borrower shall forthwith inform the Bank of any change in
the Borrower’s address. Any notice or request required or permitted under this Agreement to be given by either party to the other
shall be only in writing and sent on the address of the other party as mentioned in the Schedule (or in case to the Borrower, on the
address of the Borrower last known to the Bank) :-
(i) if given by the Bank, may be given by personal delivery, fax or by post and shall be deemed to have been served
upon or received by the Borrower. If given by personal delivery, when so delivered and if by post on the expiration
of 3 days after the same has been delivered to the post office for onward transmission to the Borrower under
certificate of posting; and
(ii) if given by the Borrower to the Bank when it is actually received by them.
8.7. Amendment.
The Schedules hereto and any amendments thereof shall be deemed to be part of this Agreement as if the provisions thereof were
set out herein in extension. Any modification/ revision of this Agreement/ Schedules shall be in writing and signed by both parties.
Such writing shall thereafter form an integral part of this Agreement.
The current version of the recover policy of the Bank is appended to this Agreement as Annexure A.
________________________________________
Signature of the Borrower and Guarantor(s)
IN WITNESS OF THE AGREEMENT, THE PARTIES HERETO HAVE SIGNED HEREUNDER ON THE DAY, MONTH AND
YEAR MENTIONED IN THE SCHEDULE TO THIS AGREEMENT
Name Signature
________________________________________
Signature of the Borrower and Guarantor(s)
Schedule
1 Place of Agreement
2 Date of Agreement
3 Name of the Borrower(s)
4 Address of the Borrower and for the purpose of
service of Notice
5 Address of the Branch of the Bank for the purpose of
service of Notices
6 Loan Amount Rs. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/ -
(Rupees_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _)
7 Tenure
8 Number of installments (subject to variation in case
of Interest Rate changes during the term of the
Loan)
9 Number of Advance Installments
10 Number of Balance Installments
11 Proposed date when first installment is due
EMI Holiday
12 Interest Rate
The Interest Rate shall be linked to the EBTL. “EBTL” means 3 – Months Treasury Bill Rate published by the Financial
Benchmarks India Private Limited (FBIL) , reference rate for lending to be charged in accordance with Reserve Bank of
India’s circular DBR.DIR.BC.No.14/13.03.00/2019-20 dated September 4 2019, as amended from time to time.
The Bank reserves the right to determine its actual lending rate on loans and advances, with reference to the EBTL, by
including a spread, as the Bank deems fit.
The spread over the EBTL which shall be determined by the Bank taking into account factors like credit risk premium,
business strategy cost, operating cost or any other parameter determined by the Bank from time to time. Deterioration
in the credit risk profile may result in an increase in the spread.
Applicable EBTL : EBTL published on <_______________> (rounded off to the nearest 0.05%) will be the applicable
Benchmark rate for your loan.
13 EBTL (_ _ _ _ _ _ _ _ _ _ _ _ _ _)%
14 Floating Rate of Interest EBTL + Spread _ _ _ _ _ _ _ _ _% = _ _ _ _ _ _ _ _ _%
15 Floating Rate Loan Every quarter on 16th January 16th April, 16th July and
Frequency of Review of the Rate of Interest 16th October
First Reset Date
16 Fixed Rate Loan Fixed Rate for (_ _ _ _ _ _ _ _ _ _) months
Fixed Interest Period EBTL + Spread _ _ _ _ _% = _ _ _ _ _ _ _%
Fixed Interest Rate Not applicable as the Loan is Fixed for the entire tenure
First Reset Date
17 Value of Installments All installments of Rs. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/-
(Rupees _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) each
18 Processing Fees ____________%
19 Penal Charges I/ We am/ are aware that schedule of charges (as
20 Prepayment Charges stated in the Most Important Terms and Conditions,
which was acknowledged by me/ us at time of applying
21 Charges for unsuccessful execution of standing for the Loan) are amended from time to time and that the
instruction for payment/ ECS/ NACH bounce charge same can be accessed through the Bank’s website i.e.
22 Tax (applicable of fees and charges) www.deutschebank.co.in
23 Repayment instruction swap charges
24 Duplicate statement issuance charges
25 Mode of payment
a) NACH/ ECS
— Letter of consent
— Name of the drawee bank
b) SI
— Letter of standing instruction
26 Purpose of the Loan
27 Frequency of Payment Monthly
28 Moratorium applicable (Yes/ No)
a. Interest Moratorium (no of months)
b. Principal Moratorium ( no of months)
29 Interest Moratorium Start Date
Interest Moratorium end Date
30 Principal Moratorium Start Date
Principal Moratorium end Date
31 Proposed date when first instalment is due
Proposed date when last installment will be due
________________________________________
Signature of the Borrower and Guarantor(s)
Signed and Delivered by the Borrower(s)
Name Signature
________________________________________
Signature of the Borrower and Guarantor(s)
Annexure A
Policy on Collection of Dues
1. Introduction:
The debt collection policy of the Bank is built around dignity and respect to customers. Bank will not follow policies
that are unduly coercive in collection of dues. The policy is built on courtesy, fair treatment and persuasion. The Bank
believes in following fair practices with regard to collection of dues and thereby fostering customer confidence and
long-term relationship.
The repayment schedule for any loan sanctioned by the Bank will be fixed taking into account paying capacity
and cash flow pattern of the Borrower. The Bank will explain to the customer upfront the method of calculation of
interest and how the Equated Monthly Installments (EMI) or payments through any other mode of repayment will be
appropriated against interest and principal due from the customers. The Bank would expect the customers to adhere
to the repayment schedule agreed to and approach the Bank for assistance and guidance in case of genuine difficulty
in meeting repayment obligations. All the practices adopted by the Bank for follow up and recovery of dues will be
inconsonance with the law.
2. General Guidelines:
All the members of the staff or any person authorised to represent our Bank in collection would follow the guidelines set
out below:
i) The customer would be contacted ordinarily at the place of his/ her choice and in the absence of any specified
place, at the place of his/ her residence and if unavailable at his/ her residence, at the place of business/ occupation.
ii) Identity and authority of persons authorised to represent Bank for follow up and recovery of dues would be made
known to the borrowers at the fir st instance. The Bank staff or any person authorised to represent the Bank in
collection of dues will identify himself/ herself and display the authority letter issued by the Bank upon request.
iii) The Bank would respect privacy of its borrowers.
iv) The Bank is committed to ensure that all written and verbal communication with its Borrowers will be in simple
business language and Bank will adopt civil manners for interaction with borrowers.
v) Normally the Bank’s representatives will contact the Borrower between 0700 hrs and 1900 hrs, unless the special
circumstance of his/ her business or occupation requires the Bank to contact at a different time.
vi) Borrower’s requests to avoid calls at a particular time or at a particular place would be honored as far as possible.
vii) The Bank will document the efforts made for the recovery of dues and the copies of communication set to
customers, if any, will be kept on record.
viii) All assistance will be given to resolve disputes or differences regarding dues in a m utually acceptable and in an
orderly manner.
ix) Inappropriate occasions such as bereavement in the family or such other calamitous occasions will be avoided for
making calls/ visits to collect dues.
________________________________________
Signature of the Borrower and Guarantor(s)
IRAC Annexure
From:
Mr/ Ms/ M/ s. ___________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
(Name and address of the borrowers)
To:
The Manager, Deutsche Bank
____________________ branch
Dear Sir,
With reference to the Credit facilities sanctioned to me/ us vide sanction Letter ref No __________________________________________
Dated ____________________________, and being availed by us today, I/ we confirm having understood the following concepts and
illustrative examples related to due dates, classification of our borrowal accounts as SMA/ NPA in the course of the conduct of the
accounts.
Concepts/ clarifications/ lllustrative examples on Due dates and specification of SMA/ NPA classification dates:
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 ln First Out' (FlFO) 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 pay off
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 utilised to pay off 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.
Classification as Special Mention Account (SM A) and Non-Performing Asset (NPA) Lending institutions will recognise 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:
Loans in the nature of Term Loans Loans in the nature of cash credit/ overdraft
SMA Sub-categories Basis for classification SMA Sub-categories Basis for classification - Outstanding
- Principal or interest balance remains continuously in excess
payment or any other of the sanctioned limit or drawing power,
amount wholly or partly whichever is lower, for a period of
overdue
SMA-0 Upto 30 days
SMA-1 More than 30 days and SMA-1 More than 30 days and upto 60 days
upto 60 days
SMA-2 More than 60 days and SMA-2 More than 60 days and upto 90 days
upto 90 days
However, In case of NBFCs, the reference to 90 days for SMA-2/ NPA classification to be read as per the applicable norms and also
subject to the provisions of the RBI Circular DOR CRE.REC .No.60/03.10.001/2021- 22 dated October 22,2021 on 'Scale Based
Regulation (SBR): A revised Regulatory framework for NBFCs . Also the asset classification norms of Agricultural advances which
are based on Crop Season shall continue as hitherto.
________________________________________
Signature of the Borrower and Guarantor(s)
Non-performing Asset:
Non-Performing Asset (NPA) is a loan or an advance where:
i. interest and/ or instalment of principal remains overdue for a period of more than 90 days in respect of a term loa
ii. the account remains 'out of order' as indicated be, in respect of an Overdraft/ Cash Credit (OD/ CC),
iii. the bill remains overdue for a period of more than 90 days in the case of bills purchased and discounted
iv. the instalment of principal or interest thereon remains overdue for two crop seasons for short duration crops
v. the instalment of principal or interest thereon remains overdue for one crop season for long duration crops
Illustrative movement of an account to SMA category to NPA category based on delay/ nonpayment of dues and subsequent
upgradation to Standard category at day end process:
Age
Due of SMA since
Payment SMA/ NPA NPA
date of Payment covers oldest Date/ SMA NPA Date
Date Categorisation Categorisation
payment dues class date
in days
No payment of dues of
01.02.2022/
01.05.2022 01.02.2022 till 01.05.2022 90 SMA 2 NA NA
02.04.2022
at EOD 01.05.2022
No payment of dues of
01.02.2022 till 01.05.2022 91 NPA NA NPA 02.05.2022
at EOD 02.05.2022
Fully Paid dues of 01.02.2022
01.06.2022 01.06.2022 93 NPA NA NPA 02.05.2022
at EOD 01.06.2022
Paid entire dues of 01.03.2022
01.07.2022 01.07.2022 and 01.04.2022 at EOD 62 NPA NA NPA 02.05.2022
01.07.2022
Paid entire dues of 01.05.2022
01.08.2022 01.08.2022 and 01.06.2022 at EOD 32 NPA NA NPA 02.05.2022
01.08.2022
Paid entire dues of 01.07.2022
01.09.2022 01.09.2022 and 01.08.2022 at EOD 1 NPA NA NPA 02.05.2022
01.09.2022
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.
Yours faithfully,
(Borrower/ s) Date:
Place:
________________________________________
Signature of the Borrower and Guarantor(s)
Specimen Signature
________________________________________
Signature of the Borrower and Guarantor(s)
For bank use only
Name
LOS # Loan Amount #
Version – April 24
________________________________________
Signature of the Borrower and Guarantor(s)