Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the Borrower will amortize the Loan as stipulated in the Schedule A however, in the event of delay or advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently the Due Date of payment of first EMI shall in such case be the 07th day (which is subject to change at the discretion of the Lender) of the following month. b) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced. c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 (a) above and in the. Schedule, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement. d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full. e) Notwithstanding anything to the contrary contained in this Agreement, the Lender shall be entitled to increase the EMI amount suitably if: i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender. f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan. g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI. h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision provisions for variation of interest rates, etc. prepayment contained in this Agreement, the Borrower will shall amortize the Loan by making payments of the Borrower's Dues on the respective Due Dates as stipulated in serial number B (vii) of the Schedule A howeverattached hereto, subject to any other changes in such amortization schedule as communicated in writing by the Lender to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lenderfollowing months to the day currently stated in serial number B (vii) of the following monthSchedule attached hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PEMII every month, PEMI every month till the time EMI has not commenceduntil commencement of EMI.
c) The Borrower agrees and accepts that the Repayment of the Borrower's Dues by the Borrower to the Lender shall have be payable at the right from time place where the branch of the Lender is situated or such other place notified by the Lender to time the Borrower, by way of PDC and/or ACH mandates and/or ECS, details whereof are mentioned in the serial number B(viii) Schedule attached hereto, and/or any other mode/ method as may be notified by the Lender to the Borrower. The Borrower agrees that the amount shall be remitted to the Lender on the relevant Due Date(s). In the event of any dishonour of PDC/ACH/ECS instruction/ mandate the Borrower agrees to separately pay a dishonour charge as mentioned herein, to review and reschedule the repayment in serial number C (iv) of the Loan Schedule attached hereto, in addition to any additional interest that may be levied by the Lender in this regard. In the event of any variation in the date of payment of PEMII or the EMI or the amount of interest, principal or EMI or PEMII or the numbers thereof, the Borrower agrees and dues under this Agreement including the tenure. Information with respect undertakes to such revision forthwith issue and the applicable/ applied Interest shall be communicated deliver to the Lender fresh PDCs/ ECS/ ACH mandates/other instruments to the Lender as may be required by the Lender. In the event of any variation in:
i) The date of payment of EMIs or
ii) The amount of interest, principal or EMIs or
iii) The numbers thereof, the Borrower in writing. agreesandundertakesto forthwith issue fresh PDCs/ ECS/SI instructions to the Lender asmay berequiredby the Lender.
d) Notwithstanding what is stated in Article 2.4 (a) above and in the. Schedulethe Schedule attached hereto, the Lender shall have the right at any time or from time to time to review and reschedule the repayment Repayment terms of the Loan or of the outstanding amount Borrower's Dues thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s, the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at writing.
e) Any payments made by the time of such revision or at Borrower towards payments due and payable under the end Transaction Documents to the Lender shall be appropriated in the following order, viz: (i) Interest on costs, charges, expenses and other monies; (ii) costs, charges, expenses, Taxes, delayed payment/ECS dishonor charges, ACH mandate dishonor charges, cheque dishonor charges (if any), incidental charges and other moneys that may have been expended by RCFL in connection with the recovery of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest credit facility and as a result of this the number of EMIs is liable to vary. No intimation shall be given other monies including any reimbursements, deemed reimbursements and other monies incurred by the Lender as and any interest on any such costs, charges and expenses and the Taxes if any on any reimbursements/deemed reimbursements thereof to the number Lender; (iii) Additional Interest, Extra Interest; (iv) Interest; (v) prepayment charges (if any); (vi) Repayment of EMIs required the principal amount of the Loan; (vii) Any other Borrower's Dues, if any, not otherwise covered above. Notwithstanding anything to the contrary contained herein, the Lender may, at its absolute discretion appropriate any payment in any manner towards any part of the Borrower's Dues even if the order of such appropriation is different from the order set out above.
f) The Lender shall have the right to require the Borrower to furnish such information/documents concerning his employment, trade, business or profession from time to time and the Borrower shall furnish such information/documents immediately.
g) Any statement of account furnished by the Lender shall be paid accepted by and be binding on the Borrower and shall be conclusive proof of the amount of Borrower's Indebtedness to the Lender and of correctness of the amounts mentioned therein.
h) All payments under this Agreement shall be made at such place as may be prescribed by the Lender, without any demur, protest or default and without claiming any set-off or counterclaim or withholding or deduction. In case of any payment instrument including cheques, the payment shall be deemed to have been made by the Borrower upon each Interest applicationonly at the point of time the sum is credited and realized fully in Lender's account irrespective of the date of instrument or time of receipt or presentation of instrument. Provided however, The liability and obligation of the information as Borrower to make payments hereunder to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable Lender shall be intimated by absolute and shall not be affected, delayed or limited in any manner whatsoever regardless of any circumstances and disputes, and with time being the Lender to essence of the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullcontract.
ei) Notwithstanding anything to the contrary contained in this Agreementherein, the Borrower hereby acknowledges and confirms that the Lender reserves the right to and may at any time in its sole discretion and without assigning any reason make a demand and call upon the Borrower to immediately discharge the Borrower's Dues and thereupon the Borrower shall be liable to pay the Borrower's Dues to the Lender on demand without any dispute, delay or demur.
j) The Lender shall be entitled to increase engage one or more service providers for collection of the EMI amount suitably if:
i. Borrower's Dues from the said EMI would lead Borrower and in such an event the Borrower agrees to negative amortization (i.e. EMI not being adequate co-operate with and make payment of the Borrower's Dues on the relevant Due Dates to cover interest in full), and/ or
iisuch service providers. The Borrower hereby authorizes the principal component contained in Lender to furnish any kind of information about the EMI is inadequate Borrower to amortize the Loan within such period as determined service provider(s) appointed by the Lender and/ or
iiiin relation to the Loan. due Further, the Borrower agrees to change in balance tenure remit the Borrower's Dues to the Lender through the service provider of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be , if any, on being required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower do so by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize the Loan as stipulated in the Schedule A howeverI attached hereto, subject to any other changes in such amortization as communicated; in writing; due course in a reasonable time frame, by AHFL to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, in the date of commencement of EMI, as the case may be, shall be the seventh day Disbursement of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following month.
b) In addition month to (a) above, the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to the Lender, AHFL PEMI every month till the time EMI has not commenced.
c) month, until commencement of EMI. The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest AHFL shall be communicated payable at the place where the branch of the AHFL Is situated or such other notified by AHFL to the Borrower by way of PDC and/or auto debit and/or ECS, and/or NACH, details whereof are mentioned in writingthe Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the AHFL on the Due Date of EMI. In the event of any dishonor of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), the Borrower agrees to pay a dishonor charge/cheque bouncing charges as mentioned in the Schedule attached hereto, in addition to any additional interest that may be levied by AHFL. Further in Event of any default, AHFL shall reserve all the rights to represent the Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft (“Payment Instructions”), to recover the entire overdue amount including incidental charges, additional interest, EMI/PEMI outstanding, other charges, costs, entire loan outstanding amount from the borrower. For the purposes of the above, ‘dishonor’ of Payment Instructions means return of the Borrower(s) Payment Instructions because of the amount of funds standing to the credit of AHFL’s account are insufficient to honor the Payment Instruction or any other reason, excluding reasons not attributable to the fault of the Borrower(s). In the event of any variation in:
(i) the date of payment of EMls or
(ii) the amount of interest, principal or EMls or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh Payment Instructions to the AHFL as may be required by AHFL. Notwithstanding what is stated in Article 2.4 (a) this Agreement above and in the. Schedulethe Schedule attached hereto, the Lender AHFL shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender AHFL may in its sole discretion decide. In such events event(s), the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender AHFL in its sole discretion and communicated to the Borrower by the Lender AHFL in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full.
e) Notwithstanding anything to the contrary contained in this Agreement, the Lender shall be entitled to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize amortise the Loan as stipulated in Schedule hereto, subject to any other changes in such amortisation as communicated later in writing to the Schedule A howeverBorrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI MI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonth to the day currently stated in the Schedule hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PMII, PEMI every month till the time EMI has not commenceduntil commencement of MI.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, further interest, additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Lender shall be communicated payable at the place where the branch of the Lender is situated or such other place notified by the Lender to the Borrower by any of the following ways/modes:
i) Post dated Cheques (“PDC”)
ii) Electronic Clearing System as notified by RBI (“ECS”)
iii) Deduction from Borrower's salary (“Salary debit method”)
iv) Standing Instructions (SI)
v) Debit Notes/Bills raised by the Lender Details whereof are mentioned in writingthe Schedule hereto. The Borrower agrees that the amount shall be remitted to the Lender on the due date of MI. In the event of any dishonor of PDC/SI/ECS instruction the Borrower agrees to separately pay the amount of installment together with dishonor charges as mentioned in the Schedule hereto, in addition to any additional interest that may be levied by the Lender. In the event of any variation in: the date of payment of PMII or the Monthly Installment or the amount of interest, principal or Monthly Installment or PMII or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs/ ECS/SI instructions to the Lender as may be required by the Lender. While all necessary steps would be taken by RCFL to ensure safe holding of the Post-dated Cheques and having the same picked up, processed and cleared through agents, courier agencies, correspondent bank(s), the same will be entirely at the Borrower's risk and cost. In the event any Post-dated Cheque issued as above by the Borrower is lost in transit or misplaced or for any reason RCFL is not able to put the cheque in clearing, the Borrower agrees to give replacement cheque(s) to RCFL immediately upon receipt of a written request from RCFL in this regard.
d) Notwithstanding what is stated in Article 2.4 (a2.7(a) above and in the. ScheduleSchedule hereto, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullwriting.
e) Notwithstanding anything to In case if any amount is prepaid by the contrary contained in this AgreementBorrower, the Lender same shall be entitled to increase adjusted first towards the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full)incidental charges, and/ or
ii. Additional Interest, Monthly Installment outstanding and balance towards the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure amount of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time at its sole discretion.
f) The Lender shall have the right to time, additional amounts may have to be paid by require the Borrower in to furnish such information/documents concerning his employment, trade, business or profession at any time and the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment Borrower shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerfurnish such information/documents immediately.
Appears in 2 contracts
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize the Loan as stipulated in the Schedule A howeverattached hereto, subject to any other changes in such amortization as communicated later in writing by the Lender to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonths to the day currently stated in the Schedule attached hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PEMII every month, PEMI every month till the time EMI has not commenceduntil commencement of EMI.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Lender shall be communicated payable at the place where the branch of the Lender is situated or such other notified by the Lender to the Borrower by way of PDC an/or SI and/or ECS, details whereof are mentioned in writingthe Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the Lender on the Due Date of EMI. In the event of any dishonour of PDC/SI/ECS instruction the Borrower agrees to pay a dishonour charge as mentioned in the Schedule attached hereto, in addition to any additional interest that may be levied by the Lender. In the event of any variation in:
i) the date of payment of EMIs or
ii) the amount of interest, principal or EMIs or
iii) the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs/ ECS/SI instructions to the Lender as may be required by the Lender.
d) Notwithstanding what is stated in Article 2.4 (a) this Agreement above and in the. Schedulethe Schedule attached hereto, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full.
e) Notwithstanding anything to the contrary contained in this Agreement, the Lender shall be entitled to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 2 contracts
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize amortise the Loan as stipulated in the Schedule A howeverhereto, subject to any other changes in such amortisation as communicated later in writing to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI Monthly Installment shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonths to the day currently stated in the Schedule hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PMII, PEMI every month till the time EMI has not commenceduntil commencement of Monthly Installment.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, further interest, Additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Lender shall be communicated payable at the place where the branch/office of the Lender is situated or such other place notified by the Lender to the Borrower by any of the following ways/modes:
i) Post dated Cheques (“PDC”);
ii) Electronic Clearing System as notified by RBI (“ECS”);
iii) Deduction from Borrower`s salary (“Salary debit method”),
iv) Standing Instructions (SI) details whereof are mentioned in writingthe Schedule hereto,
v) Debit Notes/bills raised by the Lender The Borrower agrees that the amount shall be remitted to the Lender on the due date of Monthly Installment. In the event of any dishonour of PDC/SI/ECS instruction the Borrower agrees to pay dishonour charges as mentioned in the Schedule hereto, in addition to any Additional interest that may be levied by the ▇▇▇▇▇▇.▇▇ the event of any variation in: the date of payment of Monthly Installment or the amount of Interest, principal or Monthly Installment or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs/ECS/SI instructions to the Lender/its banker, as may be required by the Lender.
d) Notwithstanding what is stated in Article 2.4 (a2.7(a) above and in the. ScheduleSchedule hereto,, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at writing.
e) In case if any amount is prepaid by the time of such revision or at Borrower, the end same shall be adjusted first towards the incidental charges, Additional Interest, Monthly Installment outstanding and balance towards the principal amount of the said financial year in Loan
f) The Lender shall have the discretion of right to require the Lender which writing Borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the Borrower shall thereafter form an integral part of this Agreementfurnish such information/documents immediately.
dg) The EMI amount In case where the Loan has been granted for the purchase of multiple Car(s) from different suppliers/manufacturers, it is intended to be kept constant irrespective of variation in the Interest specifically understood and as a result of this the number of EMIs is liable to vary. No intimation shall be given agreed by the Lender as Borrower that RCL will for its accounting purposes be reflecting/subdividing the aforesaid Loan into separate sub-accounts corresponding in number to the number of EMIs required to be paid Cars financed. It is further agreed that any payment made by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable RCL shall be intimated apportioned by RCL proportionately in each of the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇said account. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full.
e) Notwithstanding anything to the contrary contained in this Agreementabove, the Lender RCL shall be entitled at its discretion to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. appropriate any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid payment received by the Borrower (either in the event the EMI has increased, to make up the shortfall part or in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerfull) against any such sub-account.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Amortization. (a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, & 2.3 the Borrower will amortize the Loan loan as stipulated in the Schedule A howeverSchedule.
(b) In addition to Article 2.6(a) above the Borrower shall pay to IHFL PEMII every month, in if applicable.
(c) In the event of delay or in advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, EMI shall be the seventh first day of the month following the month in of which the disbursement of the loan would will have been completed and consequently the Due Date of payment of the first EMI shall in such case will be the 07th first day (which is subject to change at the discretion of the Lender) of the month following such month.
b(d) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 2.6 (a) above and in the. the Schedule, the Lender IHFL shall have the right at any time or from time to time to review and reschedule the repayment Repayment terms of the Loan loan or of the outstanding amount thereof in such manner and to such extent as the Lender IHFL may in its sole discretion decide. In such events event/ s the Borrower shall repay the Loan loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender IHFL in its sole discretion and communicated to the Borrower by the Lender IHFL in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d(e) The EMI Save and except as provided under Sub-clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variation variations in the Interest AIR and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender IHFL as to the number of EMIs required to be paid by the Borrower upon each Interest AIR application. Provided however, the information as to the applicable/ applied Interest Rate AIR during the financial year of ART Housing Finance India (Ltd.) IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by the Lender IHFL to the Borrower on request of ▇▇▇▇▇▇▇▇annually. The Borrower shall pay EMIs until the Loan loan together with Interest interest is repaid in full.
e(f) Notwithstanding anything to the contrary contained in this AgreementAgreement having regard to the AIR for the time being, the Lender IHFL shall be entitled to increase the EMI amount suitably if:
i. the (i) The said EMI would lead to negative amortization (i.e. EMI i.e., EMl not being adequate to cover interest in full), and/ orfull ) and/or
(ii. the ) The principal component contained in the EMI EMls is inadequate to amortize amortise the Loan loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the LenderIHFL. The Borrower shall be required to pay such increased EMI amount and the number of Installments thereof as decided by the Lender IHFL and intimated to the Borrower by IHFL
(g) IHFL may vary its IHFL Floating Reference Rate from time to time in such manner including as to the Lenderloan amounts as IHFL may deem fit in its own discretion.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
(h) The Borrower understands shall of his own accord send to IHFL a statement of his income every year from the date hereof. However, IHFL shall have the right to require the Borrower to furnish such other information / documents concerning his employment, trade, business or profession at any time and accepts that upon variation the Borrower shall furnish such information / documents immediately.
(i) The Borrower, in case of the EMIs, adjustments, if anypartly disbursed loan accounts, may be done choose to pay PEMII only or EMI on disbursed loan amount or EMI on sanctioned loan amount. Notwithstanding what is stated hereinabove above and in the Schedule, in partly disbursed loan accounts, IHFL shall have the right at any time or from time to time to review and reschedule the end date of any month/ quarter/ financial year commencement of EMI on the outstanding amount thereof in such manner and to such extent as IHFL may in its sole discretion decide. In such event/ s the Borrower shall commence payment of EMI on the outstanding amount thereof as per the revised Schedule as may be decided determined by the Lender from time IHFL in its sole discretion and communicated to time, additional amounts may have to be paid by the Borrower by IHFL in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerwriting.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject During the period prior to Article 2.2 and the provision for variation of interest ratesAugust 1, etc. contained in this Agreement2010, the Borrower will amortize loan documents require the Loan as stipulated borrower to make monthly payments of principal and interest, in the Schedule A howeverarrears, in the event combined amount of delay or advancement $240,017.69, which amount was calculated on the basis of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the a 360-month following the month in which the disbursement of the loan would have been completed and consequently the Due Date of payment of first EMI shall in such case be the 07th day (which is subject to change at the discretion of the Lender) of the following month.
b) amortization schedule. In addition to (a) abovethe foregoing payments, after the interest rate resets on August 1, 2010, the Borrower shall loan documents also require the borrower to pay to the Lenderlender all of the borrower's excess cash flow, PEMI every month till monthly, to further amortize the time EMI has not commenced.
cloan. See Loan No. 10006891 in the mortgage loan schedule. ------------------------------------------------------------------------------- THIS INFORMATION SHOULD BE CONSIDERED ONLY AFTER READING THE UNDERWRITERS' STATEMENT REGARDING ASSUMPTIONS AS TO SECURITIES, PRICING ESTIMATES, AND OTHER INFORMATION ("THE STATEMENT") WHICH SHOULD BE ATTACHED. DO NOT USE OR RELY ON THIS INFORMATION IF YOU HAVE NOT RECEIVED AND REVIEWED THE STATEMENT. YOU MAY OBTAIN A COPY OF THE STATEMENT FROM YOUR SALES REPRESENTATIVE. The Borrower agrees Underwriters make no representations as to the accuracy or completeness of the information contained herein. The information contained herein is qualified in its entirety by the information in the Prospectus and accepts that Prospectus Supplement for this transaction. The information contained herein is preliminary as of the Lender shall have date hereof and will be superseded by the right applicable final Prospectus and Prospectus Supplement and any other information subsequently filed with the Securities and Exchange Commission. These materials are subject to change, completion, or amendment from time to time without notice, and the Underwriters are under no obligation to keep you advised of such changes. These materials are not intended as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information an offer or solicitation with respect to such revision and the applicable/ applied Interest shall be communicated purchase or sale of any security. Any investment decision with respect to the Borrower securities should be made by you based upon the information contained in writing. Notwithstanding what is stated in Article 2.4 (a) above the final Prospectus Supplement and in the. Schedule, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender in its sole discretion and communicated Prospectus relating to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest securities. You should consult your own counsel, accountant, and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender other advisors as to the number legal, tax, business, financial and related aspects of EMIs required to be paid by the Borrower upon each Interest applicationa purchase of these securities. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ------------------------------------------------------------------------------- BEAR ▇▇▇▇▇▇▇ COMMERCIAL MORTGAGE SECURITIES INC. 2000-WF2 ------------------------------------------------------------------------------- 37 LOAN NO. 28326 -- ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ APARTMENTS OVERVIEW This mortgage loan is secured by a first mortgage on the borrower's fee interest in a 504 unit multifamily property located in Irving, Texas. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullmortgage loan was originated by Bear, ▇▇▇▇▇▇▇ Funding, Inc. on February 1, 2000.
e) Notwithstanding anything to the contrary contained in this Agreement, the Lender shall be entitled to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 1 contract
Sources: Statement Regarding Assumptions (Bear Stearns Commercial Mortgage Securities Inc)
Amortization. (a) Subject to Article article 2.2 and & 2.3 the provision for variation of interest rates, etc. contained in this Agreement, the Borrower borrower will amortize the Loan loan as stipulated in the Schedule A howeverschedule.
(b) In addition to (a) above the borrower shall pay to IHFL PEMII every month, in if applicable.
(c) In the event of delay or in advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, EMI shall be the seventh first day of the month following the month in of which the disbursement of the loan would will have been completed and consequently the Due Date due date of payment of the first EMI shall in such case will be the 07th first day (which is subject to change at the discretion of the Lender) of the month following such month.
b(d) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 2.6 (a) above and in the. the Schedule, the Lender IHFL shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan loan or of the outstanding amount thereof in such manner and to such extent as the Lender IHFL may in its sole discretion decide. In such events event/ s the Borrower borrower shall repay the Loan loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender IHFL in its sole discretion and communicated to the Borrower borrower by the Lender IHFL in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d(e) The EMI save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variation variations in the Interest AIR and as a result of this this, the number of EMIs is liable to vary. No intimation shall be given by the Lender IHFL as to the number of EMIs required to be paid by the Borrower borrower upon each Interest AIR application. Provided however, however the information as to the applicable/ applied Interest Rate applicable /applied AIR during the financial year of ART Housing Finance India (Ltd.) IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by the Lender IHFL to the Borrower on request of ▇▇▇▇▇▇▇▇borrower annually. The Borrower borrower shall pay EMIs until the Loan loan together with Interest interest is repaid in full.
e(f) Notwithstanding anything to the contrary contained in this Agreementagreement having regard to the AIR for the time being, the Lender IHFL shall be entitled to increase the EMI amount suitably if:
i. (i) the said EMI would lead to negative amortization (( i.e. EMI EMl not being adequate to cover interest in full), and/ orfull ) and/or
(ii. ) the principal component contained in the EMI EMls is inadequate to amortize the Loan loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the LenderIHFL. The Borrower borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by the Lender IHFL and intimated to the Borrower borrower by the LenderIHFL.
f(g) The Borrower undertakes IHFL may vary its IHFL floating reference rate from time to be bound by any rescheduling of time in such manner including as to the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender loan amounts as IHFL may deem fit in terms of this Agreement for repayment of the Loanits own discretion.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
(h) The Borrower understands borrower shall of his own accord send to IHFL a statement of his income every year from the date hereof. However, IHFL shall have the right to require the borrower to furnish such information / documents concerning his employment, trade, business or profession at any time and accepts that upon variation the borrower shall furnish such information / documents immediately.
(i) The borrower, in case of the EMIs, adjustments, if anypartly disbursed loan accounts, may be done choose to pay PEMII only or EMI on disbursed loan amount or EMI on sanctioned loan amount. Notwithstanding what is stated hereinabove above and in the Schedule, in partly disbursed loan accounts, IHFL shall have the right at any time or from time to time to review and reschedule the end Loan facility as well as the date of any month/ quarter/ financial year commencement of EMI on the outstanding amount/ disbursed amount thereof in such manner and to such extent as IHFL may in its sole discretion decide. In such event/ s the borrower shall commence payment of EMI on the outstanding amount/ disbursed amount thereof as per the revised schedule as may be decided determined by IHFL in its sole discretion and communicated to the Lender from time to time, additional amounts may have to be paid borrower by the Borrower IHFL in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and writing or any other dues of the Borrowermode/manner.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) a. Subject to Article clause 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize the Loan as stipulated in the Schedule A howeverattached hereto, in the event of delay or advancement of disbursement for subject to any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently the Due Date of payment of first EMI shall other changes in such case be amortization as communicated later in writing by the 07th day (which is subject Lender to change at the discretion of the Lender) of the following monthBorrower.
b) b. In addition to (a) above, the Borrower shall also pay to the LenderLender PEMII every month, PEMI every month till the time EMI has not commenced(if applicable) until commencement of EMI.
c) c. The Borrower agrees that the repayment of the amount of the Loan together with interest, Bounce Charges, Late Payment Charges and all such other sums due and payable by the Borrower to the Lender shall be payable at the place where the branch of the Lender is situated or such other branch as notified by the Lender to the Borrower by way of PDC and/or NACH, details whereof are mentioned in the Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the Lender on the Due Date of EMI. In the event of any dishonour of PDC/NACH instruction the ▇▇▇▇▇▇▇▇ agrees to pay a bounce charge as mentioned in the Schedule attached hereto, in addition to any Late Payment Charges that may be levied by the Lender. In the event of any variation in:
i. The date of payment of EMIs or
ii. The amount of interest, principal or EMIs or the numbers thereof, The Borrower agrees and accepts that undertakes to forthwith issue fresh PDCs/ instructions to the Lender shall have as may be required by the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Lender.
d. Notwithstanding what is stated in Article 2.4 (a) this Agreement above and in the. Schedulethe Schedule attached hereto, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in at its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in at its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d) The EMI e. In case if any amount is intended to be kept constant irrespective of variation in prepaid by the Interest and as a result of this Borrower, the number of EMIs is liable to vary. No intimation same shall be given by adjusted first towards the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided howeverincidental charges, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) Late Payment Charges, EMI outstanding and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full.
e) Notwithstanding anything to the contrary contained in this Agreement, the Lender shall be entitled to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. balance towards the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) f. The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, Lender shall have the Lender may, in its discretion, during the tenure of this Agreement, with a view right to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by require the Borrower in to furnish such information/documents concerning his employment, trade, business or profession at any time and the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment Borrower shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerfurnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize the Loan Facility as stipulated in the Schedule A howeverattached hereto, subject to any other changes in such amortization as communicated later in writing by the Bank to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Facility, the Due Date of payment of first EMI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonths to the day currently stated in the Schedule attached hereto.
b) In addition to (a) aboveIf the terms and conditions of the Facility stipulate the payment of PEMII, the Borrower shall pay to the LenderBank such PEMII every month, PEMI every month till the time EMI has not commenceduntil commencement of EMI.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan amount of the Facility together with Interest, Additional Interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Bank shall be communicated payable at the place where the branch of the Bank is situated or such other place notified by the Bank to the Borrower by way of PDC an / or SI and / or ECS, details whereof are mentioned in writingthe Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the Bank on the Due Date of EMI. In the event of any dishonour of PDC / SI / ECS instruction the Borrower agrees to pay a dishonour charge as mentioned in the Schedule attached hereto, in addition to any Additional Interest that may be levied by the Bank. In the event of any variation in:
i) the date of payment of EMIs, or
ii) the amount of Interest, principal or EMIs or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs / ECS / SI instructions to the Bank as may be required by the Bank.
d) Notwithstanding what is stated in Article 2.4 (a) this Agreement above and in the. Schedulethe Schedule attached hereto, the Lender Bank shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan Facility or of the outstanding amount thereof in such manner and to such extent as the Lender Bank may in its sole discretion decide. In such events event the Borrower shall repay the Loan Facility or the outstanding amount of the Loan thereof as per the revised schedule of repayment as may be determined by the Lender Bank in its sole discretion and communicated to the Borrower by the Lender Bank in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullwriting.
e) Notwithstanding anything to In case if there is any Prepayment by the contrary contained Borrower, the same shall be appropriated in the manner stipulated under Clause 2.9 of this Agreement, the Lender shall be entitled to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ shall furnish information / documents concerning his employment, trade, business or EMIs and/ or Interest profession immediately on demand by the Lender in terms of this Agreement for repayment of the LoanBank.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 1 contract
Sources: Facility Agreement
Amortization. (a) Subject to Article article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, & 2.3 the Borrower will amortize the Loan as stipulated in the Schedule A howeverSchedule.
(b) In addition to (a) above the Borrower shall pay to IHFL PEMII every month, in if applicable.
(c) In the event of delay or in advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, EMI shall be the seventh first day of the month following the month in of which the disbursement of the loan would Loan will have been completed and consequently the Due Date due date of payment of the first EMI shall in such case will be the 07th first day (which is subject to change at the discretion of the Lender) of the month following such month.
b(d) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 2.6 (a) above and in the. the Schedule, the Lender IHFL shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender IHFL may in its sole discretion decide. In such events event/ s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender IHFL in its sole discretion and communicated to the Borrower by the Lender IHFL in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d(e) The EMI Save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variation variations in the Interest AIR and as a result of this this, the number of EMIs is liable to vary. No intimation shall be given by the Lender IHFL as to the number of EMIs required to be paid by the Borrower upon each Interest AIR application. Provided however, however the information as to the applicable/ applied Interest Rate applicable /applied AIR during the financial year of ART Housing Finance India (Ltd.) IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by the Lender IHFL to the Borrower on request of ▇▇▇▇▇▇▇▇annually. The Borrower shall pay EMIs until the Loan together with Interest interest is repaid in full.
e(f) Notwithstanding anything to the contrary contained in this AgreementAgreement and having regard to the AIR for the time being, the Lender IHFL shall be entitled to increase the EMI amount suitably if:
i. (i) the said EMI would lead to negative amortization (Amortization ( i.e. EMI EMl not being adequate to cover interest in full), and/ orfull ) and/or
(ii. ) the principal component contained in the EMI EMls is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the LenderIHFL. The Borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by the Lender IHFL and intimated to the Borrower by IHFL
(g) IHFL may vary its Indiabulls Marginal Lending Rate from time to time in such manner including as to the LenderLoan amounts as IHFL may deem fit in its own discretion.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
(h) The Borrower understands shall of his own accord send to IHFL a statement of his income every year from the date hereof. However, IHFL shall have the right to require the Borrower to furnish such information / documents concerning his employment, trade, business or profession at any time and accepts that upon variation the Borrower shall furnish such information / documents immediately.
(i) The Borrower, in case of the EMIs, adjustments, if anypartly disbursed loan accounts, may be done choose to pay PEMII only or EMI on disbursed loan amount or EMI on sanctioned loan amount. Notwithstanding what is stated hereinabove above and in the Schedule, in partly disbursed loan accounts, IHFL shall have the right at any time or from time to time to review and reschedule the end Loan facility as well as the date of any month/ quarter/ financial year commencement of EMI on the outstanding amount/ disbursed amount thereof in such manner and to such extent as IHFL may in its sole discretion decide. In such event/ s the Borrower shall commence payment of EMI on the outstanding amount/ disbursed amount thereof as per the revised schedule as may be decided determined by the Lender from time IHFL in its sole discretion and communicated to time, additional amounts may have to be paid by the Borrower by IHFL in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and writing or any other dues of the Borrowermode/manner.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject to Article 2.2 and During the provision for variation of interest ratesStandstill Period, etc. the following provisions contained in this Section 5 shall apply:
(a) From and after the date this Agreement becomes effective and prior to the date of the closing of the Asset Sale, within five days following receipt by the Existing Lender each month of Available Cash Flow from Securitization Receivables, the Existing Lender shall apply ninety percent (90%) of such Available Cash Flow from Securitization Receivables to the repayment of principal of the Existing Obligations under the Existing Loan Documents secured by the Pledged Securities generating such Available Cash Flow from Securitization Receivables and shall remit the balance of such Available Cash Flow from Securitization Receivables to the Company.
(b) Upon the closing of the Asset Sale, the Company shall pay to the Existing Lender the sum of (x) its Pro-Rata Share of the product of (A) seventy percent (70%) and (B) the Transaction Proceeds Amount, plus (y) the Warehouse Debt Shortfall with respect to the Existing Lender and minus (z) the ▇▇▇▇▇▇▇▇ Make-up Amount, in each case to be applied to repayment of principal of the Existing Obligations under the Existing Loan Documents.
(c) Upon the closing of the Asset Sale, the Company shall pay to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, the Borrower will amortize sum of (x) the Loan as stipulated in product of (A) thirty percent (30%) and (B) the Schedule A howeverTransaction Proceeds Amount plus (y) the product of (A) three and (B) the ▇▇▇▇▇▇▇▇ Make-up Amount, in the event case of delay the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(d) Upon the closing of the Asset Sale, the Company shall pay to the Facility Lenders the sum of the CMC Advance Proceeds and the Delinquent Interest Advance Shortfall Amount, in each case to be applied to repayment of all obligations owing in respect of any outstanding Facility Lender Advances.
(e) Upon the closing of the Asset Sale, the Company shall pay or advancement of disbursement reimburse the Existing Lender and the Facility Lenders for any reason whatsoeverTransaction Expenses and Professional Fees then due and owing.
(f) Upon the closing of the Asset Sale, the Company shall cause CMC to pay the Tax Escrow Amount to the escrow agent under the Tax Escrow Agreement for deposit thereunder and application in accordance with the terms thereof.
(g) Upon the closing of the Asset Sale, the Company shall cause CMC to pay the Securitization Escrow Amount to the escrow agent under the Securitization Escrow Agreement for deposit thereunder and application in accordance with the terms thereof.
(h) Upon the closing of the Asset Sale, the Company shall cause CMC to deposit a portion of the sale proceeds in an amount equal to the NLC Amount in a separate bank account with a bank reasonably satisfactory to the Creditors, solely for the benefit of the Creditors (and not for the benefit of the Company), and not commingled with any funds of the Company, which shall be applied from time to time solely for the purpose of making advances for warehouse financing to National Lending Center, Inc., such warehouse financing to mature not later than 90 days after the closing of the Asset Sale and to be on terms and pursuant to documentation reasonably satisfactory to the Creditors, which financing shall provide for all repayments in respect of such financing to be paid directly for deposit to such account. Upon the date which is 90 days after the closing of the Asset Sale and from time to time thereafter upon receipt of the net proceeds of such warehouse financing, the amount on deposit in such account shall, pursuant to irrevocable instructions given by the Company at or before the closing of the Asset Sale, be immediately paid to the escrow agent under the NLC Escrow Agreement for deposit and application thereunder.
(i) Upon the closing of the Asset Sale, the Company shall apply the SafeCo Shortfall Amount to payment of the insurance premiums payable to SafeCo.
(j) Upon the closing of the Asset Sale, the Company shall pay to the Existing Lender and the Facility Lenders any accrued and unpaid interest on the Existing Obligations, the BankBoston Debt and the Loan Agreement to but not including the date of commencement of EMIsuch closing.
(k) Any Reserve Release shall be made by the relevant escrow agent pursuant to the Securitization Escrow Agreement, the NLC Escrow Agreement or the Tax Escrow Agreement, as the case may be, to the Existing Lender, the Other Existing Lenders, the Facility Lenders and the Henschels, as their interests may appear pursuant to such escrow agreements.
(l) Promptly upon receipt by the Company of any Mortgage Sale Excess Proceeds, the Company shall be pay (x) to the seventh day Existing Lender an amount equal to its Pro-Rata Share of the month following the month in which the disbursement product of seventy percent (70%) and any Mortgage Sale Excess Proceeds, to be applied to repayment of principal of the loan would have been completed Existing Obligations under the Existing Loan Documents, and consequently the Due Date of payment of first EMI shall in such case be the 07th day (which is subject to change at the discretion of the Lendery) of the following month.
b) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision Facility Lenders and the applicable/ applied Interest shall be communicated Henschels, as their interests may appear pursuant to the Borrower in writing. Notwithstanding what is stated in Article 2.4 (a) above and in the. Schedule, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇ Intercreditor Agreement, the product of thirty percent (30%) and any Mortgage Sale Excess Proceeds, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇. The Borrower ▇▇▇▇▇▇▇ Note Obligations.
(m) Promptly upon the sale of any Mortgage Loan securing (or purchased subject to a repurchase obligation comprising) any Existing Obligations that gives rise to a Mortgage Sale Shortfall, the Company shall pay EMIs the Existing Lender the amount of such Mortgage Sale Shortfall.
(n) Within five days following receipt by the Existing Lender of Available Cash Flow from Securitization Receivables during the month in which the closing of the Asset Sale occurs, the Existing Lender shall (a) apply ninety percent (90%) of the Available Cash Flow from Securitization Receivables for such month to the repayment of principal of the Existing Obligations under the Existing Loan Documents and (b) remit the balance of such Available Cash Flow from Securitization Receivables to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, for application to the repayment of principal of the BankBoston Debt, until such Debt is paid in full, and then to repayment of principal of the Loan together Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(o) Not later than the 15th calendar day (or the next business day, if the 15th is not a business day) after the end of each calendar month ending on or after the closing of the Asset Sale, the Company shall prepare and deliver to the Existing Lender a Monthly Statement and, following the receipt of such Monthly Statement by the Existing Lender, the Available Post-Transaction Cash Flow with Interest respect to such month shall be distributed in each such month as follows:
(i) within five days following receipt by the Existing Lender of the Monthly Statement for such month but not sooner than one business day after receipt by the Existing Lender of the Available Cash Flow from Securitization Receivables paid to the Existing Lender that month, the Existing Lender or the Collateral Agent, if it shall have received the Collateral pursuant to Section 3(b) hereof, shall remit to the Company the Existing Lender's Allocable Share of the Monthly Cash Flow Shortfall Amount, if any, from such Available Cash Flow from Securitization Receivables, if any; provided , that in the event there is a dispute (including any dispute arising from the failure of the requisite Creditors to approve any Monthly Statement) with respect to the calculation of the Monthly Cash Flow Shortfall Amount, the Existing Lender shall remit to the Company such portion of the Monthly Cash Flow Shortfall Amount as calculated by the Company as is not in dispute and shall remit any balance promptly upon resolution of such dispute (it being understood and agreed that the Existing Lender's obligation under this clause (i) for any month shall not exceed the Available Cash Flow from Securitization Receivables actually received that month);
(ii) until such time as the Existing Obligations have been repaid in full:
(A) the Existing Lender shall (a) apply ninety percent (90%) of the Available Cash Flow from Securitization Receivables for such month remaining after the payment, if any, of the Existing Lender's Allocable Share of the Monthly Cash Flow Shortfall Amount pursuant to subsection (i) above, to the repayment of principal of the Existing Obligations under the Existing Loan Documents and (b) remit the balance, if any, of such Available Cash Flow from Securitization Receivables to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, for application to the repayment of principal of the BankBoston Debt, until such Debt is paid in full, and then to repayment of principal of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations; and
(B) the Company shall (a) remit to the Existing Lender for application to the repayment of principal of the Existing Obligations under the Existing Loan Documents the Existing Lender's Allocable Share of an amount equal to 90% of the Monthly Free Cash Flow Amount, if any, and (b) remit an amount equal to 10% of the Monthly Free Cash Flow Amount to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of principal of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
e(iii) Notwithstanding anything after such time as the Existing Obligations shall have been repaid in full and until all obligations due to the contrary contained Facility Lenders and the Henschels have been paid in full:
(A) the Existing Lender, or the Collateral Agent, if it shall have received the Collateral pursuant to Section 3(b) hereof, shall remit the Existing Lender's Allocable Share of the Monthly Cash Flow Shortfall Amount to the Company as provided in subsection (i) above and remit 100% of the Available Cash Flow from Securitization Receivables remaining after the remittance, if any, in respect of the Monthly Cash Flow Shortfall Amount pursuant to subsection (i) above, to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of principal of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations, and
(B) the Company shall remit 100% of the Monthly Free Cash Flow Amount, if any, to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of principal of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(p) The Company shall immediately repay the amount outstanding under the Existing Loan Documents by the amount equal to the Net Proceeds of Sale of Securitization Receivables in respect of any Pledged Securities and the net proceeds of any sale of Mortgage Loans comprising a portion of the Collateral, in each case which are sold or otherwise disposed of by the Company or any Subsidiary. The Company shall not sell or otherwise dispose of any Pledged Securities or any such Mortgage Loan without the Existing Lender's and, in the case of any Pledged Securities, each other Creditor's consent, such consent not to be unreasonably withheld or delayed by the Existing Lender, such other Creditors or the Company (it being understood and agreed that the delivery by the Existing Lender of a release of its lien in respect of a Mortgage Loan being sold shall constitute conclusive evidence of such consent). The parties agree that it would be reasonable for the Existing Lender and each other Creditor to withhold its consent to any such sale if, in its sole discretion, the Existing Lender or, in the case of any sale of any Pledged Securities, such other Creditor concludes that (i) such sale will impair its ability to be paid the Existing Obligations or the obligations due such other Creditor, (ii) such sale will adversely affect the Available Cash Flow from Securitization Receivables or Available Cash Flow from Other Creditor Residuals, as the case may be, (iii) the selling price for the Pledged Securities or any such Mortgage Loan should be higher or (iv) the Pledged Securities or any such Mortgage Loan has not been adequately marketed.
(q) In the event the Company shall fail to pay when due any amount due to the Existing Lender under this Agreement, the Existing Lender shall be entitled to increase the EMI may set off such amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years against Available Cash Flow from Securitization Receivables or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated payments on Pledged Loans otherwise payable to the Borrower by the LenderCompany hereunder.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 1 contract
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize amortise the Loan as stipulated in Schedule hereto, subject to any other changes in such amortisation as communicated later in writing to the Schedule A howeverBorrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI MI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonth to the day currently stated in the Schedule hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PMII, PEMI every month till the time EMI has not commenceduntil commencement of MI.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, further interest, additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Lender shall be communicated payable at the place where the branch of the Lender is situated or such other place notified by the Lender to the Borrower by any of the following ways/modes:
i) Post dated Cheques (“PDC”)
ii) Electronic Clearing System as notified by RBI (“ECS”)
iii) Deduction from Borrower's salary (“Salary debit method”)
iv) Standing Instructions (SI)
v) Debit Notes/Bills raised by the Lender Details whereof are mentioned in writingthe Schedule hereto. The Borrower agrees that the amount shall be remitted to the Lender on the due date of MI. In the event of any dishonor of PDC/SI/ECS instruction the Borrower agrees to separately pay the amount of installment together with dishonor charges as mentioned in the Schedule hereto, in addition to any additional interest that may be levied by the Lender. In the event of any variation in: the date of payment of PMII or the Monthly Installment or the amount of interest, principal or Monthly Installment or PMII or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs/ ECS/SI instructions to the Lender as may be required by the Lender. While all necessary steps would be taken by RCFPL to ensure safe holding of the Post-dated Cheques and having the same picked up, processed and cleared through agents, courier agencies, correspondent bank(s), the same will be entirely at the Borrower's risk and cost. In the event any Post-dated Cheque issued as above by the Borrower is lost in transit or misplaced or for any reason RCFPL is not able to put the cheque in clearing, the Borrower agrees to give replacement cheque(s) to RCFPL immediately upon receipt of a written request from RCFPL in this regard.
d) Notwithstanding what is stated in Article 2.4 (a2.7(a) above and in the. ScheduleSchedule hereto, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullwriting.
e) Notwithstanding anything to In case if any amount is prepaid by the contrary contained in this AgreementBorrower, the Lender same shall be entitled to increase adjusted first towards the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full)incidental charges, and/ or
ii. Additional Interest, Monthly Installment outstanding and balance towards the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure amount of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time at its sole discretion.
f) The Lender shall have the right to time, additional amounts may have to be paid by require the Borrower in to furnish such information/documents concerning his employment, trade, business or profession at any time and the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment Borrower shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerfurnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. (a) Subject to Article article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, & 2.3 the Borrower will amortize the Loan as stipulated in the Schedule A howeverSchedule.
(b) In addition to (a) above the Borrower shall pay to IHFL PEMII every month, in if applicable.
(c) In the event of delay or in advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, EMI shall be the seventh first day of the month following the month in of which the disbursement of the loan would Loan will have been completed and consequently the Due Date due date of payment of the first EMI shall in such case will be the 07th first day (which is subject to change at the discretion of the Lender) of the month following such month.
b(d) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 2.6 (a) above and in the. the Schedule, the Lender IHFL shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender IHFL may in its sole discretion decide. In such events event/ s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender IHFL in its sole discretion and communicated to the Borrower by the Lender IHFL in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d(e) The EMI Save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variation variations in the Interest AIR and as a result of this this, the number of EMIs is liable to vary. No intimation shall be given by the Lender IHFL as to the number of EMIs required to be paid by the Borrower upon each Interest AIR application. Provided however, however the information as to the applicable/ applied Interest Rate applicable /applied AIR during the financial year of ART Housing Finance India (Ltd.) IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by the Lender IHFL to the Borrower on request of ▇▇▇▇▇▇▇▇annually. The Borrower shall pay EMIs until the Loan together with Interest interest is repaid in full.
e(f) Notwithstanding anything to the contrary contained in this AgreementAgreement and having regard to the AIR for the time being, the Lender IHFL shall be entitled to increase the EMI amount suitably if:
i. (i) the said EMI would lead to negative amortization (( i.e. EMI EMl not being adequate to cover interest in full), and/ orfull ) and/or
(ii. ) the principal component contained in the EMI EMls is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the LenderIHFL. The Borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by the Lender IHFL and intimated to the Borrower by IHFL
(g) IHFL may vary its IHFL Floating Reference Rate from time to time in such manner including as to the LenderLoan amounts as IHFL may deem fit in its own discretion.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
(h) The Borrower understands shall of his own accord send to IHFL a statement of his income every year from the date hereof.However, IHFL shall have the right to require the Borrower to furnish such information / documents concerning his employment, trade, business or profession at any time and accepts that upon variation the Borrower shall furnish such information / documents immediately.
(i) The Borrower, in case of the EMIs, adjustments, if anypartly disbursed loan accounts, may be done choose to pay PEMII only or EMI on disbursed loan amount or EMI on sanctioned loan amount. Notwithstanding what is stated hereinabove above and in the Schedule, in partly disbursed loan accounts, IHFL shall have the right at any time or from time to time to review and reschedule the end Loan facility as well as the date of any month/ quarter/ financial year commencement of EMI on the outstanding amount/ disbursed amount thereof in such manner and to such extent as IHFL may in its sole discretion decide. In such event/ s the Borrower shall commence payment of EMI on the outstanding amount/ disbursed amount thereof as per the revised schedule as may be decided determined by the Lender from time IHFL in its sole discretion and communicated to time, additional amounts may have to be paid by the Borrower by IHFL in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and writing or any other dues of the Borrowermode/manner.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize the Loan as stipulated in the Schedule A howeverattached hereto, subject to any other changes in such amortization as communicated later in writing by the Lender to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonths to the day currently stated in the Schedule attached hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PEMII every month, PEMI every month till the time EMI has not commenceduntil commencement of EMI.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Lender shall be communicated payable at the place where the branch of the Lender is situated or such other notified by the Lender to the Borrower by way of PDC an/or SI and/or ECS, details whereof are mentioned in writingthe Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the Lender on the Due Date of EMI. In the event of any dishonour of PDC/SI/ECS instruction the Borrower agrees to pay a dishonour charge as mentioned in the Schedule attached hereto, in addition to any additional interest that may be levied by the Lender. In the event of any variation in:
i) The date of payment of EMIs or
ii) The amount of interest, principal or EMIs or
iii) The numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs/ ECS/SI instructions to the Lender as may be required by the Lender.
d) Notwithstanding what is stated in Article 2.4 (a) this Agreement above and in the. Schedulethe Schedule attached hereto, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullwriting.
e) Notwithstanding anything to In case if any amount is prepaid by the contrary contained in this AgreementBorrower, the Lender same shall be entitled to increase adjusted first towards the incidental charges, additional interest, EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. outstanding and balance towards the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure amount of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the LenderLoan.
f) The Lender shall have the right to require the Borrower undertakes to be bound by furnish such information/documents concerning his employment, trade, business or profession at any rescheduling of the tenure of the Loan time and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the LoanBorrower shall furnish such information/documents immediately.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 1 contract
Sources: Mortgage Loan Agreement
Amortization. a) Subject to Article 2.2 and During the provision for variation of interest ratesStandstill Period, etc. the following provisions contained in this Section 5 shall apply:
(a) From and after the date this Agreement becomes effective and prior to the date of the closing of the Asset Sale, within five days following receipt by the Existing Lender each month of Available Cash Flow from Securitization Receivables, the Existing Lender shall apply ninety percent (90%) of such Available Cash Flow from Securitization Receivables to the repayment of principal of the Existing Obligations under the Existing Loan Documents secured by the Pledged MBS's generating such Available Cash Flow from Securitization Receivables and shall remit the balance of such Available Cash Flow from Securitization Receivables to the Company.
(b) Upon the closing of the Asset Sale, the Company shall pay to the Existing Lender the sum of (x) its Pro-Rata Share of the product of (A) seventy percent (70%) and (B) the Transaction Proceeds Amount, plus (y) the Warehouse Debt Shortfall with respect to the Existing Lender and minus (z) the ▇▇▇▇▇▇▇▇ Make-Up Amount, in each case to be applied to repayment of principal of the Existing Obligations under the Existing Loan Documents.
(c) Upon the closing of the Asset Sale, the Company shall pay to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, the Borrower will amortize sum of (x) the Loan as stipulated in product of (A) thirty percent (30%) and (B) the Schedule A howeverTransaction Proceeds Amount plus (y) the product of (A) three (3) and (B) the ▇▇▇▇▇▇▇▇ Make-Up Amount, in the event case of delay the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(d) Upon the closing of the Asset Sale, the Company shall pay to the Facility Lenders the sum of the CMC Advance Proceeds and the Delinquent Interest Advance Shortfall Amount, in each case to be applied to repayment of all obligations owing in respect of any outstanding Facility Lender Advances.
(e) Upon the closing of the Asset Sale, the Company shall pay or advancement of disbursement reimburse the Existing Lender and the Facility Lenders for any reason whatsoeverTransaction Expenses and Professional Fees then due and owing.
(f) Upon the closing of the Asset Sale, the Company shall cause CMC to pay the Tax Escrow Amount to the escrow agent under the Tax Escrow Agreement for deposit thereunder and application in accordance with the terms thereof.
(g) Upon the closing of the Asset Sale, the Company shall cause CMC to pay the Securitization Escrow Amount to the escrow agent under the Securitization Escrow Agreement for deposit thereunder and application in accordance with the terms thereof.
(h) Upon the closing of the Asset Sale, the Company shall cause CMC to deposit a portion of the sale proceeds in an amount equal to the NLC Amount in a separate bank account with a bank reasonably satisfactory to the Creditors, solely for the benefit of the Creditors (and not for the benefit of the Company), and not commingled with any funds of the Company, which shall be applied from time to time solely for the purpose of making advances for warehouse financing to National Lending Center, Inc., such warehouse financing to mature not later than 90 days after the closing of the Asset Sale and to be on terms and pursuant to documentation reasonably satisfactory to the Creditors, which financing shall provide for all repayments in respect of such financing to be paid directly for deposit to such account. Upon the date which is 90 days after the closing of the Asset Sale and from time to time thereafter upon receipt of the net proceeds of such warehouse financing, the amount on deposit in such account shall, pursuant to irrevocable instructions given by the Company at or before the closing of the Asset Sale, be immediately paid to the escrow agent under the NLC Escrow Agreement for deposit and application thereunder.
(i) Upon the closing of the Asset Sale, the Company shall apply the SafeCo Shortfall Amount to payment of the insurance premiums payable to SafeCo.
(j) Upon the closing of the Asset Sale, the Company shall pay to the Existing Lender and the Facility Lenders any accrued and unpaid interest on the Existing Obligations, the BankBoston Debt and the Loan Agreement to but not including the date of commencement of EMIsuch closing.
(k) Any Reserve Release shall be made by the relevant escrow agent pursuant to the Securitization Escrow Agreement, the NLC Escrow Agreement or the Tax Escrow Agreement, as the case may be, to the Existing Lender, the Other Existing Lenders, the Facility Lenders and the Henschels, as their interests may appear pursuant to such escrow agreements.
(l) Promptly upon receipt by the Company of any Mortgage Sale Excess Proceeds, the Company shall be pay (x) to the seventh day Existing Lender an amount equal to its Pro-Rata Share of the month following the month in which the disbursement product of seventy percent (70%) and any Mortgage Sale Excess Proceeds, to be applied to repayment of principal of the loan would have been completed Existing Obligations under the Existing Loan Documents, and consequently the Due Date of payment of first EMI shall in such case be the 07th day (which is subject to change at the discretion of the Lendery) of the following month.
b) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision Facility Lenders and the applicable/ applied Interest shall be communicated Henschels, as their interests may appear pursuant to the Borrower in writing. Notwithstanding what is stated in Article 2.4 (a) above and in the. Schedule, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower ▇ Intercreditor Agreement, the product of thirty percent (30%) and any Mortgage Sale Excess Proceeds, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt
(m) Promptly upon the sale of any Mortgage Loan securing (or purchased subject to a repurchase obligation comprising) any Existing Obligations that gives rise to a Mortgage Sale Shortfall, the Company shall pay EMIs the Existing Lender the amount of such Mortgage Sale Shortfall.
(n) Within five days following receipt by the Existing Lender of Available Cash Flow from Securitization Receivables during the month in which the closing of the Asset Sale occurs, the Existing Lender shall (a) apply ninety percent (90%) of the Available Cash Flow from Securitization Receivables for such month to the repayment of principal of the Existing Obligations under the Existing Loan Documents and (b) remit the balance of such Available Cash Flow from Securitization Receivables to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, for application to the repayment of principal of the BankBoston Debt, until such Debt is paid in full, and then to repayment of principal of the Loan together Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(o) Not later than the 15th calendar day (or the next business day, if the 15th is not a business day) after the end of each calendar month ending on or after the closing of the Asset Sale, the Company shall prepare and deliver to the Existing Lender a Monthly Statement and, following the receipt of such Monthly Statement by the Existing Lender, the Available Post-Transaction Cash Flow with Interest respect to such month shall be distributed in each such month as follows:
(i) within five days following receipt by the Existing Lender of the Monthly Statement for such month but not sooner than one business day after receipt by the Existing Lender of the Available Cash Flow from Securitization Receivables paid to the Existing Lender that month, the Existing Lender or the Collateral Agent, if it shall have received the Collateral pursuant to Section 3(b) hereof, shall remit to the Company the Existing Lender's Allocable Share of the Monthly Cash Flow Shortfall Amount, if any, from such Available Cash Flow from Securitization Receivables, if any; provided , that in the event there is a dispute (including any dispute arising from the failure of the requisite Creditors to approve any Monthly Statement) with respect to the calculation of the Monthly Cash Flow Shortfall Amount, the Existing Lender shall remit to the Company such portion of the Monthly Cash Flow Shortfall Amount as calculated by the Company as is not in dispute and shall remit any balance promptly upon resolution of such dispute (it being understood and agreed that the Existing Lender's obligation under this clause (i) for any month shall not exceed the Available Cash Flow from Securitization Receivables actually received that month);
(ii) until such time as the Existing Obligations have been repaid in full:
(A) the Existing Lender shall (a) apply ninety percent (90%) of the Available Cash Flow from Securitization Receivables for such month remaining after the payment, if any, of the Existing Lender's Allocable Share of the Monthly Cash Flow Shortfall Amount pursuant to subsection (i) above, to the repayment of principal of the Existing Obligations under the Existing Loan Documents and (b) remit the balance, if any, of such Available Cash Flow from Securitization Receivables to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, for application to the repayment of principal of the BankBoston Debt, until such Debt is paid in full, and then to repayment of principal of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations; and
(B) the Company shall (a) remit to the Existing Lender for application to the repayment of principal of the Existing Obligations under the Existing Loan Documents the Existing Lender's Allocable Share of an amount equal to 90% of the Monthly Free Cash Flow Amount, if any, and (b) remit an amount equal to 10% of the Monthly Free Cash Flow Amount to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of principal of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
e(iii) Notwithstanding anything after such time as the Existing Obligations shall have been repaid in full and until all obligations due to the contrary contained Facility Lenders and the Henschels have been paid in full:
(A) the Existing Lender, or the Collateral Agent, if it shall have received the Collateral pursuant to Section 3(b) hereof, shall remit the Existing Lender's Allocable Share of the Monthly Cash Flow Shortfall Amount to the Company as provided in subsection (i) above and remit 100% of the Available Cash Flow from Securitization Receivables remaining after the remittance, if any, in respect of the Monthly Cash Flow Shortfall Amount pursuant to subsection (i) above, to the Facility Lenders for payment to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of principal of the Loans and any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations, and
(B) the Company shall remit 100% of the Monthly Free Cash Flow Amount, if any, to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ Intercreditor Agreement, in the case of the Facility Lenders, to be applied to repayment of principal of the BankBoston Debt until such Debt is paid in full, and then to repayment of principal of the Loans any other obligations due the Facility Lenders, and, in the case of the Henschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(p) The Company shall immediately repay the amount outstanding under the Existing Loan Documents by the amount equal to the Net Proceeds of Sale of Securitization Receivables in respect of any Pledged MBS and the net proceeds of any sale of Mortgage Loans comprising a portion of the Collateral, in each case which are sold or otherwise disposed of by the Company or any Subsidiary. The Company shall not sell or otherwise dispose of any Pledged MBS or any such Mortgage Loan without the Existing Lender's and, in the case of any Pledged MBS, each other Creditor's consent, such consent not to be unreasonably withheld or delayed by the Existing Lender, such other Creditors or the Company (it being understood and agreed that the delivery by the Existing Lender of a release of its lien in respect of a Mortgage Loan being sold shall constitute conclusive evidence of such consent). The parties agree that it would be reasonable for the Existing Lender and each other Creditor to withhold its consent to any such sale if, in its sole discretion, the Existing Lender or, in the case of any sale of any Pledged MBS, such other Creditor concludes that (i) such sale will impair its ability to be paid the Existing Obligations or the obligations due such other Creditor, (ii) such sale will adversely affect the Available Cash Flow from Securitization Receivables or Available Cash Flow from Other Creditor Residuals, as the case may be, (iii) the selling price for the Pledged MBS or any such Mortgage Loan should be higher or (iv) the Pledged MBS or any such Mortgage Loan has not been adequately marketed.
(q) In the event the Company shall fail to pay when due any amount due to the Existing Lender under this Agreement, the Existing Lender shall be entitled to increase the EMI may set off such amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years against Available Cash Flow from Securitization Receivables or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated payments on Pledged Loans otherwise payable to the Borrower by the LenderCompany hereunder.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 1 contract
Amortization. (a) Subject to Article 2.2 and the provision for variation of interest rates, rates etc. contained in this Agreement, Agreement the Borrower borrower will amortize the Loan loan as stipulated in the Schedule A subject however, that in the event of delay or advancement of the disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, EMI shall be the seventh first day of the month following the month in which the disbursement of the loan would will have been completed and consequently the Due Date due date of payment of the first EMI shall in such a case be the 07th last day (which is subject to change at the discretion of the Lender) of the following month.
(b) In addition to (a) above, the Borrower borrower shall pay to the LenderCFH PEMII, PEMI every month till the time EMI has not commencedif applicable.
(c) The Borrower agrees and accepts that the Lender shall have the right from time In order to time as mentioned herein, to review and reschedule make the repayment by the borrower to CFHL easy and convenient, the borrower may use Electronic Clearing System (ECS) for amortization/repayment of EMI, interest and other charges by registering mandate with the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. borrower/s’s banker/s.
(d) Notwithstanding what is stated in Article 2.4 (a2.6(a) above and in the. the Schedule, the Lender CFHL shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan loan or of the outstanding amount thereof in such manner and to such extent as the Lender CFHL may in its sole discretion decide. In such events event/s the Borrower borrower shall repay the Loan loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender CFHL in its sole discretion and communicated to the Borrower borrower by the Lender CFHL in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d(e) The Save and except as provided under sub-article (f) below, the EMI amount is intended to be kept constant irrespective of variation in the Interest VIR and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender CFHL as to the number of EMIs required to be paid by the Borrower borrower upon each Interest VIR application. Provided however, the information as to the applicable/ applied Interest Rate VIR during the financial year of ART Housing Finance India (Ltd.) CFHL and the number of EMIs payable from the last year application during such year shall be intimated by the Lender CFHL to the Borrower on request of ▇▇▇▇▇▇▇▇borrower annually. The Borrower borrower shall pay EMIs until the Loan loan together with Interest interest is repaid paid in full.
e(f) Notwithstanding anything to the contrary contained in this Agreementagreement, having regard to the Lender VIR for the time being, CFHL shall be entitled to increase the EMI amount suitably ifif :
i. (i) the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ orand /or
(ii. ) the principal component contained in the said EMI is inadequate to amortize the Loan loan within the stipulated repayment period fixed for the loan by CFHL for any reason whatsoever, unless extension of time is specifically permitted with such period as determined terms and conditions by CFHL at its sole discretion.
(iii) the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lenderborrower makes a specific request. The Borrower borrower shall be required to pay such increased EMI amount and the number thereof as decided by the Lender CFHL and intimated to the Borrower borrower by the LenderCFHL.
f(g) The Borrower undertakes CFHL may vary its CFHLR from time to be bound by any rescheduling of time in such manner including as to the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender loan amounts as CFHL may deem fit in terms of this Agreement for repayment of the Loanits own discretion.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
(h) The Borrower understands and accepts that upon variation borrower shall of his own accord send to CFHL a statement of his income, every year from the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if anydate hereof. However, if EMI has been reducedCFHL shall have the right to require the borrower to furnish such information/documents concerning his employment, adjustment trade, business or profession at any time and the borrower shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerfurnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the a. The Borrower will amortize the Loan as stipulated in the Schedule A howeverII, subject to any other changes in such amortization as may be communicated later in writing by the Bank to the Borrower, from time to time as required. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of the first EMI shall shall, in such case case, be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonth to the day currently stated in Schedule II.
b) In addition to (a) above, the b. The Borrower shall also pay to the LenderBank PEMII every month, PEMI every month till the time EMI has not commenceduntil commencement of EMI, if applicable.
c) c. The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan together with Interest, additional Interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Bank shall be communicated payable at the place where the branch of the Bank is situated or such other notified by the Bank to the Borrower by way of PDC and/or SI and/or ECS and/or NACH, details whereof are mentioned in writingthe Schedule II. The Borrower agrees that the amount shall be remitted to the Bank on the Due Date of EMI. In the event of any dishonour of PDC/SI/ECS/NACH instruction the Borrower agrees to pay a dishonour charge as mentioned in Schedule II, in addition to any additional interest that may be levied by the Bank.
d. In the event of any variation in: • The date of payment of EMIs or • The amount of Interest, Principal or EMIs or • The numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs/ ECS/SI/NACH instructions to the Bank as may be required by the Bank.
e. Notwithstanding what is stated in Article 2.4 (a) above this Agreement and in the. ScheduleSchedule II, the Lender Bank shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender Bank may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender Bank in its sole discretion and communicated to the Borrower by the Lender Bank in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d) f. The EMI amount is intended Bank shall have the right to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by require the Borrower upon each Interest application. Provided howeverto furnish such information/documents concerning his employment, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) trade, business or profession at any time and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullfurnish such information/documents immediately.
e) Notwithstanding anything to the contrary contained in this Agreement, the Lender shall be entitled to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms g. After execution of this Agreement for repayment no notice, reminder or intimation will be issued to the Borrower(s)/Co-Borrower(s) regarding his obligation to pay the instalment regularly on due date. It shall entirely be the responsibility of the Loan.
gBorrower(s)/Co-Borrower(s) The Borrower agrees to ensure prompt and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation regular payment of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerinstalments.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize amortise the Loan as stipulated in the Schedule A howeverhereto, subject to any other changes in such amortisation as communicated later in writing to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI Monthly Installment shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonths to the day currently stated in the Schedule hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PMII, PEMI every month till the time EMI has not commenceduntil commencement of Monthly Installment.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, further interest, Additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Lender shall be communicated payable at the place where the branch/office of the Lender is situated or such other place notified by the Lender to the Borrower by any of the following ways/modes:
i) Post dated Cheques (“PDC”);
ii) Electronic Clearing System as notified by RBI (“ECS”);
iii) Deduction from Borrower's salary (“Salary debit method”),
iv) Standing Instructions (SI) details whereof are mentioned in writingthe Schedule hereto,
v) Debit Notes/bills raised by the Lender The Borrower agrees that the amount shall be remitted to the Lender on the due date of Monthly Installment. In the event of any dishonour of PDC/SI/ECS instruction the Borrower agrees to pay dishonour charges as mentioned in the Schedule hereto, in addition to any Additional interest that may be levied by the ▇▇▇▇▇▇.▇▇ the event of any variation in: the date of payment of Monthly Installment or the amount of Interest, principal or Monthly Installment or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh PDCs/ECS/SI instructions to the Lender/its banker, as may be required by the Lender.
d) Notwithstanding what is stated in Article 2.4 (a2.7(a) above and in the. ScheduleSchedule hereto,, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at writing.
e) In case if any amount is prepaid by the time of such revision or at Borrower, the end same shall be adjusted first towards the incidental charges, Additional Interest, Monthly Installment outstanding and balance towards the principal amount of the said financial year in Loan
f) The Lender shall have the discretion of right to require the Lender which writing Borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the Borrower shall thereafter form an integral part of this Agreementfurnish such information/documents immediately.
dg) The EMI amount In case where the Loan has been granted for the purchase of multiple Car(s) from different suppliers/manufacturers, it is intended to be kept constant irrespective of variation in the Interest specifically understood and as a result of this the number of EMIs is liable to vary. No intimation shall be given agreed by the Lender as Borrower that RCFL will for its accounting purposes be reflecting/subdividing the aforesaid Loan into separate sub-accounts corresponding in number to the number of EMIs required to be paid Cars financed. It is further agreed that any payment made by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable RCFL shall be intimated apportioned by RCFL proportionately in each of the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇said account. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full.
e) Notwithstanding anything to the contrary contained in this Agreementabove, the Lender RCFL shall be entitled at its discretion to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. appropriate any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid payment received by the Borrower (either in the event the EMI has increased, to make up the shortfall part or in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerfull) against any such sub-account.
Appears in 1 contract
Sources: Car Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the a. The Borrower will amortize the Loan as stipulated in the Schedule A howeverII, subject to any other changes in such amortization as may be communicated later in writing by the Bank to the Borrower, from time to time as required. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of the first EMI shall shall, in such case case, be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonth to the day currently stated in Schedule II.
b) In addition to (a) above, the b. The Borrower shall also pay to the LenderBank PEMII every month, PEMI every month till the time EMI has not commenceduntil commencement of EMI, if applicable.
c) c. The Borrower agrees and accepts that the Lender repayment of the Loan together with Interest, additional Interest and all such other sums due and payable by the Borrower to the Bank shall have be payable at the right place where the branch of the Bank is situated or such other notified by the Bank to the Borrower by way of PDC and/or SI and/or ECS and/or NACH, details whereof are mentioned in the Schedule II. The Borrower agrees that the amount shall be remitted to the Bank on the Due Date of EMI. In the event of any dishonour of PDC/SI/ECS/NACH instruction the Borrower agrees to pay a dishonour charge as mentioned in Schedule II, in addition to any additional interest that may be levied by the Bank. The Bank shall be entitled to revise the dishonour charge at any time and from time to time as mentioned hereinper its policy, to review market conditions and/or applicable laws and reschedule regulations, if any, during the repayment tenor of the Loan and dues under this Agreement including at its sole discretion. Such variation/revision in respect of the tenuredishonour charges shall have a prospective effect. Information with respect to such revision and The Bank shall inform the applicable/ applied Interest shall be communicated Borrower about the variation in the dishonour charge in due course by way of publishing it in any newspaper/notice board/ bank website or by sending as an intimation to the Borrower(s)/Co-Borrower(s) In the event of any variation in: • The date of payment of EMIs or • The amount of Interest, Principal or EMIs or • The numbers thereof, the Borrower in writing. agrees and undertakes to forthwith issue fresh PDCs/ ECS/SI/NACH instructions to the Bank as may be required by the Bank.
d. Notwithstanding what is stated in Article 2.4 (a) above this Agreement and in the. ScheduleSchedule II, the Lender Bank shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender Bank may in its sole discretion decidedecide or as per RBI guidelines. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender Bank in its sole discretion and communicated communicate the same to the Borrower by the Lender Bank in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting/email/WhatsApp/SMS.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full.
e) e. Notwithstanding anything to the contrary contained in this Agreement, having regard to the Lender AIR for the time being, the Bank shall be entitled to increase the EMI amount and/or Tenure i.e., Number of EMI(s) suitably ifunder the following circumstances:
i. the (i) The said EMI EMI(s) would lead to negative amortization amortisation (i.e. i.e., EMI not being adequate to cover interest in full), and/ and / or
(ii. the ) The principal component contained in the EMI EMI(s) is inadequate to amortize amortise the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the LenderBank. The Borrower shall be required to pay such increased EMI amount and the number of EMI’s thereof as decided by the Lender and intimated Bank. The Bank shall inform the Borrower about the variation in the AIR and/or tenure in due course by way of publishing it in any newspaper/notice board/ bank website or by sending as an intimation to the Borrower by the LenderBorrower(s)/Co-Borrower(s).
f) f. The Borrower undertakes shall of his own accord send to be bound by the Bank a statement of his income every year from the date hereof. However, the Bank shall have the right to require the Borrower to furnish such information/documents concerning his employment, trade, business or profession at any rescheduling of time and the tenure of Borrower shall furnish such information/documents immediately.
g. The Bank may vary its MCLR/EBR or any other benchmark rate from time to time in such manner including as to the Loan and amounts as the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender Bank may deem fit in terms its own discretion.
h. After execution of this Agreement for repayment no notice, reminder or intimation will be issued to the Borrower(s)/Co-Borrower(s) regarding his obligation to pay the instalment regularly on due date. It shall entirely be the responsibility of the Loan.
gBorrower(s)/Co-Borrower(s) The Borrower agrees to ensure prompt and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation regular payment of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerinstalments.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the Borrower will amortize the Loan as stipulated in the Schedule A however, in the event of delay or advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently the Due Date of payment of first EMI shall in such case be the 07th day (which is subject to change at the discretion of the Lender) of the following month.
b) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 (a) above and in the. the Schedule, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇Borrower. The Borrower shall pay EMIs until the Loan together with Interest is repaid in full.
e) Notwithstanding anything to the contrary contained in this Agreement, the Lender shall be entitled to increase the EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the Lender.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 1 contract
Sources: Loan Agreement
Amortization. (a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement3, the Borrower will shall amortize the Loan as stipulated in under the Schedule A Applicable Schedules, provided however, that in the event of delay or advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, EMI shall be the seventh first day of the month following the month in which the final disbursement of the loan would Loan will have been completed and consequently the Due Date of payment of the first EMI shall in such case will be the 07th 5th day (which is subject to change at the discretion of the Lender) month following such month and the Due Dates for subsequent EMIs shall be on or before 5th day of the following monthevery succeeding month thereafter.
(b) In addition to (a) Till the commencement of EMIs as above, the Borrower shall pay to the LenderBank PEMII every month. The Borrower shall pay the PEMIIs of the respective months, PEMI every month till on or before the time EMI has not commenced5th day of the following months respectively.
(c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 (a) anything contained herein above and in the. Schedulethe Applicable Schedules, the Lender Bank shall have the right at any time or from time to time to review and reschedule the repayment Repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender Bank may in its sole discretion decide. In such events deem fit and the Bank shall accordingly intimate the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision revision/rescheduling through communication or at the end any other form of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementgeneral or public announcement or displays, from time to time.
(d) The Save and except as provided under sub-clause (e) below, for administrative convenience the EMI amount is intended to be kept constant irrespective of variation in the Interest IR and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender Bank as to the number of EMIs required to be paid by the Borrower upon each Interest IR application. Provided however, the information as to the applicable/ applicable/applied Interest Rate IR during the financial year of ART Housing Finance India (Ltd.) the Bank and the number of EMIs payable from the last IR application during such year shall be intimated by the Lender Bank to the Borrower on request of ▇▇▇▇▇▇▇▇annually. The Borrower shall pay EMIs until the Loan together with Interest and all charges is repaid in full.
(e) Notwithstanding anything to the contrary contained in this Agreement, the Lender Bank shall be entitled to increase the EMI amount suitably if:
i. the (i) The said EMI would lead to negative amortization (i.e. i.e., EMI not being adequate to cover interest in full), and/ or; and/or
(ii. the ) The principal component contained in the EMI is inadequate to amortize the Loan loan within such period as determined by the Lender and/ orBank; and/or
(iii. due to ) There is any change in balance tenure Spread in accordance with this Agreement; and/or
(iv) Occurrence of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ orany Event of Default.
iv. any such damage as warranted by the Lender. (f) The Borrower shall be required to pay such increased EMI amount and the number thereof as decided by the Lender Bank and intimated to the Borrower by the LenderBank.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
(g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, shall of his own accord send to the Lender may, in its discretion, during Bank a statement of his income every year from the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if anydate hereof. However, if EMI has been reducedthe Bank shall have the right to require the Borrower to furnish such information/documents concerning his employment, adjustment shall be made by trade, business or profession at any time and the Lender from future EMIs/ PEMI and other dues of the BorrowerBorrower undertakes to furnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. (a) Subject to Article article 2.2 and & 2.3 the provision for variation of interest rates, etc. contained in this Agreement, the Borrower borrower will amortize the Loan loan as stipulated in the Schedule A howeverschedule.
(b) In addition to (a) above the borrower shall pay to IHFL PEMII every month, in if applicable.
(c) In the event of delay or in advancement of disbursement for any reason whatsoever, the date of commencement of EMI, as the case may be, EMI shall be the seventh first day of the month following the month in of which the disbursement of the loan would will have been completed and consequently the Due Date due date of payment of the first EMI shall in such case will be the 07th first day (which is subject to change at the discretion of the Lender) of the month following such month.
b(d) In addition to (a) above, the Borrower shall pay to the Lender, PEMI every month till the time EMI has not commenced.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the Loan and dues under this Agreement including the tenure. Information with respect to such revision and the applicable/ applied Interest shall be communicated to the Borrower in writing. Notwithstanding what is stated in Article 2.4 2.6 (a) above and in the. the Schedule, the Lender IHFL shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan loan or of the outstanding amount thereof there of in such manner and to such extent as the Lender IHFL may in its sole discretion decide. In such events event/ s the Borrower borrower shall repay the Loan loan or the outstanding amount of the Loan thereof as per the revised schedule as may be determined by the Lender IHFL in its sole discretion and communicated to the Borrower borrower by the Lender IHFL in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreementwriting.
d(e) The EMI save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variation variations in the Interest AIR and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender IHFL as to the number of EMIs required to be paid by the Borrower borrower upon each Interest AIR application. Provided however, the information as to the applicable/ applied Interest Rate AIR during the financial year of ART Housing Finance India (Ltd.) IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by the Lender IHFL to the Borrower on request of ▇▇▇▇▇▇▇▇borrower annually. The Borrower borrower shall pay EMIs until the Loan loan together with Interest interest is repaid in full.
e(f) Notwithstanding anything to the contrary contained in this Agreementagreement having regard to the AIR for the time being, the Lender IHFL shall be entitled to increase the EMI amount suitably if:
i. the (i) The said EMI would lead to negative amortization (( i.e. EMI EMl not being adequate to cover interest in full), and/ orfull ) and/or
(ii. the ) The principal component contained in the EMI EMls is inadequate to amortize amortise the Loan loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the LenderIHFL. The Borrower borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by the Lender IHFL and intimated to the Borrower borrower by IHFL
(g) IHFL may vary its IHFL floating reference rate from time to time in such manner including as to the Lenderloan amounts as IHFL may deem fit in its own discretion.
f) The Borrower undertakes to be bound by any rescheduling of the tenure of the Loan and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the Loan.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
(h) The Borrower understands borrower shall of his own accord send to IHFL a statement of his income every year from the date hereof. However, IHFL shall have the right to require the borrower to furnish such information / documents concerning his employment, trade, business or profession at any time and accepts that upon variation the borrower shall furnish such information / documents immediately.
(i) The borrower, in case of the EMIs, adjustments, if anypartly disbursed loan accounts, may be done choose to pay PEMII only or EMI on disbursed loan amount or EMI on sanctioned loan amount. Notwithstanding what is stated hereinabove above and in the Schedule, in partly disbursed loan accounts, IHFL shall have the right at any time or from time to time to review and reschedule the end date of any month/ quarter/ financial year commencement of EMI on the outstanding amount thereof in such manner and to such extent as IHFL may in its sole discretion decide. In such event/ s the borrower shall commence payment of EMI on the outstanding amount thereof as per the revised schedule as may be decided determined by IHFL in its sole discretion and communicated to the Lender from time to time, additional amounts may have to be paid borrower by the Borrower IHFL in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrowerwriting.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) Subject to Article 2.2 and the provision for variation of interest rates, etc. contained in this Agreement, the The Borrower will amortize the Loan as stipulated in the Schedule A howeverattached hereto, subject to any other changes in such amortization as communicated later in writing by the Lender to the Borrower. However, in the event of delay or advancement of disbursement advancement, for any reason whatsoever, the date of commencement of EMI, as the case may be, shall be the seventh day of the month following the month in which the disbursement of the loan would have been completed and consequently Loan, the Due Date of payment of first EMI shall in such case be the 07th corresponding day (which is subject to change at the discretion of the Lender) of the following monthmonths to the day currently stated in the Schedule attached hereto.
b) In addition to (a) above, the The Borrower shall also pay to the LenderLender PEMII every month, PEMI every month till the time EMI has not commenceduntil commencement of EMI.
c) The Borrower agrees and accepts that the Lender shall have the right from time to time as mentioned herein, to review and reschedule the repayment of the amount of the Loan together with interest, additional interest and dues under this Agreement including all such other sums due and payable by the tenure. Information with respect Borrower to such revision and the applicable/ applied Interest Lender shall be communicated payable at the place where the branch of the Lender is situated or such other notified by the Lender to the Borrower by way of PDC an/or SI and/or ECS, details whereof are mentioned in writingthe Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the Lender on the Due Date of EMI. In the event of any dishonour of PDC/SI/ECS instruction the Borrower agrees to pay a dishonour charge as mentioned in the Schedule attached hereto, in addition to any additional interest that may be levied by the Lender. In the event of any variation in:
i) The date of payment of EMIs or
ii) The amount of interest, principal or EMIs or
iii) The numbers thereof, the Borrower agreesandundertakesto forthwith issuefresh PDCs/ ECS/SI instructions to the Lender asmay berequiredby the Lender.
d) Notwithstanding what is stated in Article 2.4 (a) this Agreement above and in the. Schedulethe Schedule attached hereto, the Lender shall have the right at any time or from time to time to review and reschedule the repayment terms of the Loan or of the outstanding amount thereof in such manner and to such extent as the Lender may in its sole discretion decide. In such events event/s the Borrower shall repay the Loan or the outstanding amount of the Loan thereof as per the revised schedule Schedule as may be determined by the Lender in its sole discretion and communicated to the Borrower by the Lender in writing at the time of such revision or at the end of the said financial year in the discretion of the Lender which writing shall thereafter form an integral part of this Agreement.
d) The EMI amount is intended to be kept constant irrespective of variation in the Interest and as a result of this the number of EMIs is liable to vary. No intimation shall be given by the Lender as to the number of EMIs required to be paid by the Borrower upon each Interest application. Provided however, the information as to the applicable/ applied Interest Rate during the financial year of ART Housing Finance India (Ltd.) and the number of EMIs payable shall be intimated by the Lender to the Borrower on request of ▇▇▇▇▇▇▇▇. The Borrower shall pay EMIs until the Loan together with Interest is repaid in fullwriting.
e) Notwithstanding anything to In case if any amount is prepaid by the contrary contained in this AgreementBorrower, the Lender same shall be entitled to increase adjusted first towards the incidental charges, additional interest, EMI amount suitably if:
i. the said EMI would lead to negative amortization (i.e. EMI not being adequate to cover interest in full), and/ or
ii. outstanding and balance towards the principal component contained in the EMI is inadequate to amortize the Loan within such period as determined by the Lender and/ or
iii. due to change in balance tenure amount of the Loan to 30 years or beyond or as per the cut off tenure fixed by the Lender from time to time and/ or
iv. any such damage as warranted by the Lender. The Borrower shall be required to pay such increased EMI amount and number thereof as decided by the Lender and intimated to the Borrower by the LenderLoan.
f) The Lender shall have the right to require the Borrower undertakes to be bound by furnish such information/documents concerning his employment, trade, business or profession at any rescheduling of the tenure of the Loan time and the amount of the EMIs/ recomputing of tenure and/ or EMIs and/ or Interest by the Lender in terms of this Agreement for repayment of the LoanBorrower shall furnish such information/documents immediately.
g) The Borrower agrees and accepts that notwithstanding anything contained in this Agreement, the Lender may, in its discretion, during the tenure of this Agreement, with a view to keep the EMIs constant, vary the tenure of this Agreement or with a few to fix a particular tenure, vary the EMI.
h) The Borrower understands and accepts that upon variation of the EMIs, adjustments, if any, may be done at the end of any month/ quarter/ financial year as may be decided by the Lender from time to time, additional amounts may have to be paid by the Borrower in the event the EMI has increased, to make up the shortfall in the EMI, if any. However, if EMI has been reduced, adjustment shall be made by the Lender from future EMIs/ PEMI and other dues of the Borrower.
Appears in 1 contract
Sources: Loan Agreement