Amortization. The Borrower will amortize the Loan as stipulated in the Schedule I 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, for any reason whatsoever, in the Disbursement of the Loan, the Due Date of payment of first EMI shall in such case be the corresponding day of the following month to the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment of the amount of the Loan together with interest, additional interest and all such other sums due and payable by the Borrower to the AHFL shall be 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 the 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 this Agreement above and in the Schedule attached hereto, 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 AHFL may in its sole discretion decide. In such event(s), the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule as may be determined by the AHFL in its sole discretion and communicated to the Borrower by the AHFL in writing.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Amortization. The a) Subject to the provisions for 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 I attached hereto, subject to any other changes in such amortization schedule as communicated; communicated in writing; due course in a reasonable time frame, writing by AHFL the Lender to the Borrower. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement disbursement of the Loan, the Due Date of payment of first EMI shall in such case be the corresponding day of the following month months to the day currently stated in serial number B (vii) of the Schedule I attached hereto. .
b) The Borrower shall also pay to AHFL PEMI the Lender PEMII every month, until commencement of EMI. .
c) The Borrower agrees that the repayment Repayment of the amount of the Loan together with interest, additional interest and all such other sums due and payable Borrower's Dues by the Borrower to the AHFL Lender shall be payable at the place where the branch of the AHFL Is Lender is situated or such other place notified by AHFL the Lender to the Borrower Borrower, by way of PDC and/or auto debit ACH mandates and/or ECS, and/or NACH, 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 AHFL Lender on the relevant Due Date of EMIDate(s). In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC/ACH/ECS instruction/ mandate the Borrower agrees to separately pay a dishonor charge/cheque bouncing charges dishonour charge as mentioned in serial number C (iv) of the Schedule attached hereto, in addition to any additional interest that may be levied by AHFL. Further the Lender 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)this regard. In the event of any variation in:
(i) in the date of payment of EMls or
(ii) PEMII or the EMI or the amount of interest, principal or EMls EMI or PEMII or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh Payment Instructions and deliver to the AHFL Lender fresh PDCs/ ECS/ ACH mandates/other instruments to the Lender as may be required by AHFLthe 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 issue fresh PDCs/ ECS/SI instructions to the Lender asmay berequiredby the Lender.
d) Notwithstanding what is stated in this Agreement above and in the Schedule attached hereto, AHFL 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 AHFL the Lender may in its sole discretion decide. In such event(s)event/s, the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule schedule as may be determined by the AHFL Lender in its sole discretion and communicated to the Borrower by the AHFL Lender in writing.
e) Any payments made by the Borrower towards payments due and payable under the 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 credit facility and other monies including any reimbursements, deemed reimbursements and other monies incurred by the Lender and any interest on any such costs, charges and expenses and the Taxes if any on any reimbursements/deemed reimbursements thereof to the Lender; (iii) Additional Interest, Extra Interest; (iv) Interest; (v) prepayment charges (if any); (vi) Repayment of 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 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 only 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. The liability and obligation of the Borrower to make payments hereunder to the Lender shall be absolute and shall not be affected, delayed or limited in any manner whatsoever regardless of any circumstances and disputes, and with time being the essence of the contract.
i) Notwithstanding anything to the contrary contained herein, 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 engage one or more service providers for collection of the Borrower's Dues from the Borrower and in such an event the Borrower agrees to co-operate with and make payment of the Borrower's Dues on the relevant Due Dates to such service providers. The Borrower hereby authorizes the Lender to furnish any kind of information about the Borrower to the service provider(s) appointed by the Lender in relation to the Loan. Further, the Borrower agrees to remit the Borrower's Dues to the Lender through the service provider of the Lender, if any, on being required to do so by the Lender.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Amortization. The 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 I 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. HoweverA however, in the event of delay or advancement, advancement of disbursement for any reason whatsoever, in the Disbursement date of commencement of EMI, as the case may be, shall be the seventh day of the Loan, 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 corresponding 07th day (which is subject to change at the discretion of the Lender) of the following month month.
b) In addition to (a) above, the Borrower shall pay to the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL Lender, PEMI every month, until commencement of EMI. 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 amount of Loan and dues under this Agreement including the Loan together tenure. Information with interest, additional interest respect to such revision and all such other sums due and payable by the Borrower to the AHFL applicable/ applied Interest shall be payable at the place where the branch of the AHFL Is situated or such other notified by AHFL communicated to the Borrower by way of PDC and/or auto debit and/or ECS, and/or NACH, details whereof are mentioned in the 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 AHFLwriting. Notwithstanding what is stated in this Agreement Article 2.4 (a) above and in the. Schedule, the Schedule attached hereto, AHFL 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 AHFL the Lender may in its sole discretion decide. In such event(s), events 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 AHFL Lender in its sole discretion and communicated to the Borrower by the AHFL Lender in writingwriting 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) The Borrower will amortize the Loan Facility as stipulated in the Schedule I attached hereto, subject to any other changes in such amortization as communicated; communicated later in writing; due course in a reasonable time frame, writing by AHFL the Bank to the Borrower. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement disbursement of the LoanFacility, the Due Date of payment of first EMI shall in such case be the corresponding day of the following month months to the day currently stated in the Schedule I attached hereto. The .
b) If the terms and conditions of the Facility stipulate the payment of PEMII, the Borrower shall also pay to AHFL PEMI the Bank such PEMII every month, until commencement of EMI. .
c) The Borrower agrees that the repayment of the amount of the Loan Facility together with interestInterest, additional interest Additional Interest and all such other sums due and payable by the Borrower to the AHFL Bank shall be payable at the place where the branch of the AHFL Is Bank is situated or such other place notified by AHFL the Bank to the Borrower by way of PDC and/or auto debit and/or an / or SI and / or ECS, and/or NACH, details whereof are mentioned in the Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the AHFL Bank on the Due Date of EMI. In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC / SI / ECS instruction the Borrower agrees to pay a dishonor charge/cheque bouncing charges dishonour charge as mentioned in the Schedule attached hereto, in addition to any additional interest 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)Bank. In the event of any variation in:
(i) the date of payment of EMls EMIs, or
(ii) the amount of interestInterest, principal or EMls EMIs or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh Payment Instructions PDCs / ECS / SI instructions to the AHFL Bank as may be required by AHFL. the Bank.
d) Notwithstanding what is stated in this Agreement above and in the Schedule attached hereto, AHFL the 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 AHFL the Bank may in its sole discretion decide. In such event(s), event the Borrower shall repay the Loan Facility or the outstanding amount thereof as per the revised Schedule schedule of repayment as may be determined by the AHFL Bank in its sole discretion and communicated to the Borrower by the AHFL Bank in writing.
e) In case if there is any Prepayment by the Borrower, the same shall be appropriated in the manner stipulated under Clause 2.9 of this Agreement.
f) The Borrower shall furnish information / documents concerning his employment, trade, business or profession immediately on demand by the Bank.
Appears in 1 contract
Sources: Facility Agreement
Amortization. The (a) Subject to Article 2.2 & 2.3 the Borrower will amortize the Loan loan as stipulated in the Schedule I attached heretoSchedule.
(b) In addition to Article 2.6(a) above the Borrower shall pay to IHFL PEMII every month, 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 if applicable.
(c) In the event of delay or advancement, in advancement of disbursement for any reason whatsoever, in the Disbursement date of commencement of EMI shall be the first day of the Loan, month following the month of which the disbursement of the loan will have been completed and consequently the Due Date of payment of the first EMI shall in such case will be the corresponding first day of the month following month to the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every such month, until commencement of EMI. The Borrower agrees that the repayment of the amount of the Loan together with interest, additional interest and all such other sums due and payable by the Borrower to the AHFL shall be 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 the 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:.
(id) 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 this Agreement Article 2.6 (a) above and in the Schedule attached heretoSchedule, AHFL 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 AHFL IHFL may in its sole discretion decide. In such event(s), event/ s the Borrower shall repay the Loan loan or outstanding amount thereof as per the revised Schedule as may be determined by IHFL in its sole discretion and communicated to the Borrower by IHFL in writing.
(e) Save and except as provided under Sub-clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variations in the AIR and as result of this the number of EMIs is liable to vary. No intimation shall be given by IHFL as to the number of EMIs required to be paid by the Borrower upon each AIR application. Provided however, the information as to the applicable/ applied AIR during the financial year of IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by IHFL to the Borrower annually. The Borrower shall pay EMIs until the loan together with interest is repaid in full.
(f) Notwithstanding anything to the contrary contained in this Agreement having regard to the AIR for the time being, IHFL shall be entitled to increase the EMI amount suitably if
(i) The said EMI would lead to negative amortization (i.e., EMl not being adequate to cover interest in full ) and/or
(ii) The principal component contained in the EMls is inadequate to amortise the loan within such period as determined by IHFL. The Borrower shall be required to pay such increased EMI amount and the number of Installments thereof as decided by 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 loan amounts as IHFL may deem fit in its own discretion.
(h) The 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 other information / documents concerning his employment, trade, business or profession at any time and the Borrower shall furnish such information / documents immediately.
(i) The Borrower, in case of partly disbursed loan accounts, may 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 date of 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 determined by the AHFL IHFL in its sole discretion and communicated to the Borrower by the AHFL IHFL in writing.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) The Borrower will amortize amortise the Loan as stipulated in the Schedule I attached hereto, subject to any other changes in such amortization amortisation as communicated; communicated later in writing; due course in a reasonable time frame, by AHFL writing to the Borrower. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement disbursement of the Loan, the Due Date of payment of first EMI Monthly Installment shall in such case be the corresponding day of the following month months to the day currently stated in the Schedule I attached hereto. .
b) The Borrower shall also pay to AHFL PEMI every monththe Lender PMII, until commencement of EMI. Monthly Installment.
c) The Borrower agrees that the repayment of the amount of the Loan together with interest, additional further interest, Additional interest and all such other sums due and payable by the Borrower to the AHFL Lender shall be payable at the place where the branch branch/office of the AHFL Is Lender is situated or such other place notified by AHFL the Lender to the Borrower by way any of PDC and/or auto 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 and/or ECS, and/or NACH, method”),
iv) Standing Instructions (SI) details whereof are mentioned in the Schedule attached hereto. ,
v) Debit Notes/bills raised by the Lender The Borrower agrees that the amount shall be remitted to the AHFL Lender on the Due Date due date of EMIMonthly Installment. In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC/SI/ECS instruction the Borrower agrees to pay a dishonor charge/cheque bouncing dishonour charges as mentioned in the Schedule attached hereto, in addition to any additional 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) Monthly Installment or the amount of interestInterest, principal or EMls Monthly Installment or the numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh Payment Instructions PDCs/ECS/SI instructions to the AHFL Lender/its banker, as may be required by AHFL. the Lender.
d) Notwithstanding what is stated in this Agreement Article 2.7(a) above and in Schedule hereto,, the Schedule attached hereto, AHFL 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 AHFL the Lender may in its sole discretion decide. In such event(s), event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule as may be determined by the AHFL Lender in its sole discretion and communicated to the Borrower by the AHFL Lender in writing.
e) In case if any amount is prepaid by the Borrower, the same shall be adjusted first towards the incidental charges, Additional Interest, Monthly Installment outstanding and balance towards the principal amount of the Loan
f) The Lender shall have the right to require the Borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the Borrower shall furnish such information/documents immediately.
g) In case where the Loan has been granted for the purchase of multiple Car(s) from different suppliers/manufacturers, it is specifically understood and agreed by the 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 Cars financed. It is further agreed that any payment made by the Borrower to RCFL shall be apportioned by RCFL proportionately in each of the said account. Notwithstanding above, RCFL shall be entitled at its discretion to appropriate any payment received by the Borrower (either in part or in full) against any such sub-account.
Appears in 1 contract
Sources: Car Loan Agreement
Amortization. a. Subject to clause 2.2 The Borrower will amortize the Loan as stipulated in the Schedule I attached hereto, subject to any other changes in such amortization as communicated; communicated later in writing; due course in a reasonable time frame, writing by AHFL the Lender to the Borrower. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement of the Loan.
b. In addition to (a) above, the Due Date of payment of first EMI shall in such case be the corresponding day of the following month to the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI the Lender PEMII every month, (if applicable) until commencement of EMI. .
c. The Borrower agrees that the repayment of the amount of the Loan together with interest, additional interest Bounce Charges, Late Payment Charges and all such other sums due and payable by the Borrower to the AHFL Lender shall be payable at the place where the branch of the AHFL Is Lender is situated or such other branch as notified by AHFL the Lender to the Borrower by way of PDC and/or auto debit and/or ECS, and/or NACH, details whereof are mentioned in the Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the AHFL Lender on the Due Date of EMI. In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC/NACH instruction the Borrower ▇▇▇▇▇▇▇▇ agrees to pay a dishonor charge/cheque bouncing charges bounce charge as mentioned in the Schedule attached hereto, in addition to any additional interest Late Payment Charges 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)Lender. In the event of any variation in:
(i) the i. The date of payment of EMls EMIs or
(ii) the . The amount of interest, principal or EMls EMIs or the numbers thereof, the The Borrower agrees and undertakes to forthwith issue fresh Payment Instructions PDCs/ instructions to the AHFL Lender as may be required by AHFL. the Lender.
d. Notwithstanding what is stated in this Agreement above and in the Schedule attached hereto, AHFL 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 AHFL the Lender may in at its sole discretion decide. In such event(s), event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule as may be determined by the AHFL in Lender at its sole discretion and communicated to the Borrower by the AHFL Lender in writing.
e. In case if any amount is prepaid by the Borrower, the same shall be adjusted first towards the incidental charges, Late Payment Charges, EMI outstanding and balance towards the principal amount of the Loan.
f. The Lender shall have the right to require the Borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the Borrower shall furnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a. The Borrower will amortize the Loan as stipulated in the Schedule I attached heretoII, subject to any other changes in such amortization as communicated; may be communicated later in writing; due course in a reasonable time frame, writing by AHFL the Bank to the Borrower, from time to time as required. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement disbursement of the Loan, the Due Date of payment of the first EMI shall shall, in such case case, be the corresponding day of the following month to the day currently stated in the Schedule I attached hereto. II.
b. The Borrower shall also pay to AHFL PEMI the Bank PEMII every month, until commencement of EMI. , if applicable.
c. The Borrower agrees that the repayment of the amount of the Loan together with interestInterest, additional interest Interest and all such other sums due and payable by the Borrower to the AHFL Bank shall be payable at the place where the branch of the AHFL Is Bank is situated or such other notified by AHFL the Bank to the Borrower by way of PDC and/or auto debit SI and/or ECS, ECS and/or NACH, details whereof are mentioned in the Schedule attached heretoII. The Borrower agrees that the amount shall be remitted to the AHFL Bank on the Due Date of EMI. In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC/SI/ECS/NACH instruction the Borrower agrees to pay a dishonor charge/cheque bouncing charges dishonour charge as mentioned in the Schedule attached heretoII, 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). Bank.
d. In the event of any variation in:
(i) the : • The date of payment of EMls or
(ii) the EMIs or • The amount of interestInterest, principal Principal or EMls EMIs or the • The numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh Payment Instructions PDCs/ ECS/SI/NACH instructions to the AHFL Bank as may be required by AHFL. the Bank.
e. Notwithstanding what is stated in this Agreement above and in Schedule II, the Schedule attached hereto, AHFL 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 AHFL the Bank may in its sole discretion decide. In such event(s), event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule schedule as may be determined by the AHFL Bank in its sole discretion and communicated to the Borrower by the AHFL Bank in writing.
f. The Bank shall have the right to require the Borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the Borrower shall furnish such information/documents immediately.
g. After execution of this Agreement 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 Borrower(s)/Co-Borrower(s) to ensure prompt and regular payment of the instalments.
Appears in 1 contract
Sources: Loan Agreement
Amortization. The (a) Subject to article 2.2 & 2.3 the Borrower will amortize the Loan as stipulated in the Schedule I attached heretoSchedule.
(b) In addition to (a) above the Borrower shall pay to IHFL PEMII every month, 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 if applicable.
(c) In the event of delay or advancement, in advancement of disbursement for any reason whatsoever, in the Disbursement date of the Loan, the Due Date commencement of payment of first EMI shall in such case be the corresponding first day of the month following the month to of which the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment of the amount disbursement of the Loan together with interest, additional interest will have been completed and all such other sums consequently the due and payable by the Borrower to the AHFL shall be 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 the 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 orthe first EMI in such case will be the first day of the month following such month.
(iid) 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 this Agreement Article 2.6 (a) above and in the Schedule attached heretoSchedule, AHFL 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 AHFL IHFL may in its sole discretion decide. In such event(s), event/ s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule schedule as may be determined by the AHFL IHFL in its sole discretion and communicated to the Borrower by the AHFL IHFL in writing.
(e) Save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variations in the AIR and as result of this, the number of EMIs is liable to vary. No intimation shall be given by IHFL as to the number of EMIs required to be paid by the Borrower upon each AIR application. Provided however the information as to the applicable /applied AIR during the financial year of IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by IHFL to the Borrower annually. The Borrower shall pay EMIs until the Loan together with interest is repaid in full.
(f) Notwithstanding anything to the contrary contained in this Agreement and having regard to the AIR for the time being, IHFL shall be entitled to increase the EMI amount suitably if
(i) the said EMI would lead to negative Amortization ( i.e. EMl not being adequate to cover interest in full ) and/or
(ii) the principal component contained in the EMls is inadequate to amortize the Loan within such period as determined by IHFL. The Borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by 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 Loan amounts as IHFL may deem fit in its own discretion.
(h) The 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 the Borrower shall furnish such information / documents immediately.
(i) The Borrower, in case of partly disbursed loan accounts, may 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 Loan facility as well as the date of 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 determined by IHFL in its sole discretion and communicated to the Borrower by IHFL in writing or any other mode/manner.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a) The Borrower will amortize the Loan as stipulated in the Schedule I attached hereto, subject to any other changes in such amortization as communicated; communicated later in writing; due course in a reasonable time frame, writing by AHFL the Lender to the Borrower. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement disbursement of the Loan, the Due Date of payment of first EMI shall in such case be the corresponding day of the following month months to the day currently stated in the Schedule I attached hereto. .
b) The Borrower shall also pay to AHFL PEMI the Lender PEMII every month, until commencement of EMI. .
c) The Borrower agrees that the repayment of the amount of the Loan together with interest, additional interest and all such other sums due and payable by the Borrower to the AHFL Lender shall be payable at the place where the branch of the AHFL Is Lender is situated or such other notified by AHFL the Lender to the Borrower by way of PDC and/or auto debit an/or SI and/or ECS, and/or NACH, details whereof are mentioned in the Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the AHFL Lender on the Due Date of EMI. In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC/SI/ECS instruction the Borrower agrees to pay a dishonor charge/cheque bouncing charges dishonour charge 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)Lender. In the event of any variation in:
(i) the The date of payment of EMls EMIs or
(ii) the The amount of interest, principal or EMls or the EMIs or
iii) The numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh Payment Instructions PDCs/ ECS/SI instructions to the AHFL Lender as may be required by AHFL. the Lender.
d) Notwithstanding what is stated in this Agreement above and in the Schedule attached hereto, AHFL 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 AHFL the Lender may in its sole discretion decide. In such event(s), event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule as may be determined by the AHFL Lender in its sole discretion and communicated to the Borrower by the AHFL Lender in writing.
e) In case if any amount is prepaid by the Borrower, the same shall be adjusted first towards the incidental charges, additional interest, EMI outstanding and balance towards the principal amount of the Loan.
f) The Lender shall have the right to require the Borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the Borrower shall furnish such information/documents immediately.
Appears in 1 contract
Sources: Mortgage Loan Agreement
Amortization. a) The Borrower will amortize the Loan as stipulated in the Schedule I attached hereto, subject to any other changes in such amortization as communicated; communicated later in writing; due course in a reasonable time frame, writing by AHFL the Lender to the Borrower. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement disbursement of the Loan, the Due Date of payment of first EMI shall in such case be the corresponding day of the following month months to the day currently stated in the Schedule I attached hereto. .
b) The Borrower shall also pay to AHFL PEMI the Lender PEMII every month, until commencement of EMI. .
c) The Borrower agrees that the repayment of the amount of the Loan together with interest, additional interest and all such other sums due and payable by the Borrower to the AHFL Lender shall be payable at the place where the branch of the AHFL Is Lender is situated or such other notified by AHFL the Lender to the Borrower by way of PDC and/or auto debit an/or SI and/or ECS, and/or NACH, details whereof are mentioned in the Schedule attached hereto. The Borrower agrees that the amount shall be remitted to the AHFL Lender on the Due Date of EMI. In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC/SI/ECS instruction the Borrower agrees to pay a dishonor charge/cheque bouncing charges dishonour charge 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)Lender. In the event of any variation in:
(i) the The date of payment of EMls EMIs or
(ii) the The amount of interest, principal or EMls or the EMIs or
iii) The numbers thereof, the Borrower agrees and undertakes to agreesandundertakesto forthwith issue fresh Payment Instructions issuefresh PDCs/ ECS/SI instructions to the AHFL as may be required by AHFL. Lender asmay berequiredby the Lender.
d) Notwithstanding what is stated in this Agreement above and in the Schedule attached hereto, AHFL 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 AHFL the Lender may in its sole discretion decide. In such event(s), event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule as may be determined by the AHFL Lender in its sole discretion and communicated to the Borrower by the AHFL Lender in writing.
e) In case if any amount is prepaid by the Borrower, the same shall be adjusted first towards the incidental charges, additional interest, EMI outstanding and balance towards the principal amount of the Loan.
f) The Lender shall have the right to require the Borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the Borrower shall furnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. The Borrower (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 loan as stipulated in the Schedule I attached heretosubject however, 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, that in the event of delay or advancement, advancement of the disbursement for any reason whatsoever, in the Disbursement date of commencement of EMI shall be the first day of the Loan, month following the Due Date month in which the disbursement of the loan will have been completed and consequently the due date of payment of the first EMI shall in such a case be the corresponding last day of the following month month.
(b) In addition to (a) above, the day currently stated in the Schedule I attached hereto. The Borrower borrower shall also pay to AHFL PEMI every monthCFH PEMII, until commencement of EMI. The Borrower agrees that if applicable.
(c) In order to make the repayment of the amount of the Loan together with interest, additional interest and all such other sums due and payable by the Borrower borrower to CFHL easy and convenient, the AHFL shall be 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 the 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 borrower may use Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions")ECS) for amortization/repayment of EMI, the Borrower agrees to pay a dishonor charge/cheque bouncing interest and other 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 registering mandate with 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’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:banker/s.
(id) 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 this Agreement Article 2.6(a) above and in the Schedule attached heretoSchedule, AHFL 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 AHFL CFHL may in its sole discretion decide. In such event(s), event/s the Borrower borrower shall repay the Loan loan or the outstanding amount thereof as per the revised Schedule as may be determined by the AHFL CFHL in its sole discretion and communicated to the Borrower borrower by the AHFL CFHL in writing.
(e) Save and except as provided under sub-article (f) below, the EMI amount is intended to be kept constant irrespective of variation in the VIR and as a result of this the number of EMIs is liable to vary. No intimation shall be given by CFHL as to the number of EMIs required to be paid by the borrower upon each VIR application. Provided however, the information as to the applicable/ applied VIR during the financial year of CFHL and the number of EMIs payable from the last year application during such year shall be intimated by CFHL to the borrower annually. The borrower shall pay EMIs until the loan together with interest is paid in full.
(f) Notwithstanding anything to the contrary contained in this agreement, having regard to the VIR for the time being, CFHL 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 said EMI is inadequate to amortize the 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 terms and conditions by CFHL at its sole discretion.
(iii) the borrower makes a specific request. The borrower shall be required to pay such increased EMI amount and the number thereof as decided by CFHL and intimated to the borrower by CFHL.
(g) CFHL may vary its CFHLR from time to time in such manner including as to the loan amounts as CFHL may deem fit in its own discretion.
(h) The borrower shall of his own accord send to CFHL a statement of his income, every year from the date hereof. However, CFHL shall have the right to require the borrower to furnish such information/documents concerning his employment, trade, business or profession at any time and the borrower shall furnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. a. The Borrower will amortize the Loan as stipulated in the Schedule I attached heretoII, subject to any other changes in such amortization as communicated; may be communicated later in writing; due course in a reasonable time frame, writing by AHFL the Bank to the Borrower, from time to time as required. However, in the event of delay or advancement, for any reason whatsoever, in the Disbursement disbursement of the Loan, the Due Date of payment of the first EMI shall shall, in such case case, be the corresponding day of the following month to the day currently stated in the Schedule I attached hereto. II.
b. The Borrower shall also pay to AHFL PEMI the Bank PEMII every month, until commencement of EMI. , if applicable.
c. The Borrower agrees that the repayment of the amount of the Loan together with interestInterest, additional interest Interest and all such other sums due and payable by the Borrower to the AHFL Bank shall be payable at the place where the branch of the AHFL Is Bank is situated or such other notified by AHFL the Bank to the Borrower by way of PDC and/or auto debit SI and/or ECS, ECS and/or NACH, details whereof are mentioned in the Schedule attached heretoII. The Borrower agrees that the amount shall be remitted to the AHFL Bank on the Due Date of EMI. In the event of any dishonor dishonour of Post-Dated Cheques (PDC)/ auto debit /Electronic Clearing System (ECS)/National Automatic Clearing Housing (NACH)/demand draft ("Payment Instructions"), PDC/SI/ECS/NACH instruction the Borrower agrees to pay a dishonor charge/cheque bouncing charges dishonour charge as mentioned in the Schedule attached heretoII, in addition to any additional interest that may be levied by AHFLthe Bank. Further in Event of The Bank shall be entitled to revise the dishonour charge at any defaulttime and from time to time as per its policy, AHFL shall reserve all market conditions and/or applicable laws and regulations, if any, during 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 tenor of the above, ‘dishonor’ of Payment Instructions means return Loan at its sole discretion. Such variation/revision in respect of the dishonour charges shall have a prospective effect. The Bank shall inform the 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) 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 : • The date of payment of EMls or
(ii) the EMIs or • The amount of interestInterest, principal Principal or EMls EMIs or the • The numbers thereof, the Borrower agrees and undertakes to forthwith issue fresh Payment Instructions PDCs/ ECS/SI/NACH instructions to the AHFL Bank as may be required by AHFL. the Bank.
d. Notwithstanding what is stated in this Agreement above and in Schedule II, the Schedule attached hereto, AHFL 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 AHFL the Bank may in its sole discretion decidedecide or as per RBI guidelines. In such event(s), event/s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule schedule as may be determined by the AHFL Bank in its sole discretion and communicated communicate the same to the Borrower by the AHFL Bank in writing/email/WhatsApp/SMS.
e. Notwithstanding anything to the contrary contained in this Agreement, having regard to the 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 under the following circumstances:
(i) The said EMI(s) would lead to negative amortisation (i.e., EMI not being adequate to cover interest in full), and / or
(ii) The principal component contained in the EMI(s) is inadequate to amortise the Loan within such period as determined by the Bank. The Borrower shall be required to pay such increased EMI amount and the number of EMI’s thereof as decided by the 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(s)/Co-Borrower(s).
f. The Borrower shall of his own accord send to 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 time and the 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 amounts as the Bank may deem fit in its own discretion.
h. After execution of this Agreement 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 Borrower(s)/Co-Borrower(s) to ensure prompt and regular payment of the instalments.
Appears in 1 contract
Sources: Loan Agreement
Amortization. The (a) Subject to article 2.2 & 2.3 the Borrower will amortize the Loan as stipulated in the Schedule I attached heretoSchedule.
(b) In addition to (a) above the Borrower shall pay to IHFL PEMII every month, 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 if applicable.
(c) In the event of delay or advancement, in advancement of disbursement for any reason whatsoever, in the Disbursement date of the Loan, the Due Date commencement of payment of first EMI shall in such case be the corresponding first day of the month following the month to of which the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment of the amount disbursement of the Loan together with interest, additional interest will have been completed and all such other sums consequently the due and payable by the Borrower to the AHFL shall be 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 the 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 orthe first EMI in such case will be the first day of the month following such month.
(iid) 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 this Agreement Article 2.6 (a) above and in the Schedule attached heretoSchedule, AHFL 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 AHFL IHFL may in its sole discretion decide. In such event(s), event/ s the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule schedule as may be determined by the AHFL IHFL in its sole discretion and communicated to the Borrower by the AHFL IHFL in writing.
(e) Save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variations in the AIR and as result of this, the number of EMIs is liable to vary. No intimation shall be given by IHFL as to the number of EMIs required to be paid by the Borrower upon each AIR application. Provided however the information as to the applicable /applied AIR during the financial year of IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by IHFL to the Borrower annually. The Borrower shall pay EMIs until the Loan together with interest is repaid in full.
(f) Notwithstanding anything to the contrary contained in this Agreement and having regard to the AIR for the time being, IHFL shall be entitled to increase the EMI amount suitably if
(i) the said EMI would lead to negative amortization ( i.e. EMl not being adequate to cover interest in full ) and/or
(ii) the principal component contained in the EMls is inadequate to amortize the Loan within such period as determined by IHFL. The Borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by 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 Loan amounts as IHFL may deem fit in its own discretion.
(h) The 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 the Borrower shall furnish such information / documents immediately.
(i) The Borrower, in case of partly disbursed loan accounts, may 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 Loan facility as well as the date of 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 determined by IHFL in its sole discretion and communicated to the Borrower by IHFL in writing or any other mode/manner.
Appears in 1 contract
Sources: Loan Agreement
Amortization. The Borrower (a) Subject to article 2.2 & 2.3 the borrower will amortize the Loan loan as stipulated in the Schedule I attached heretoschedule.
(b) In addition to (a) above the borrower shall pay to IHFL PEMII every month, 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 if applicable.
(c) In the event of delay or advancement, in advancement of disbursement for any reason whatsoever, in the Disbursement date of the Loan, the Due Date commencement of payment of first EMI shall in such case be the corresponding first day of the month following the month to of which the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment disbursement of the amount of loan will have been completed and consequently the Loan together with interest, additional interest and all such other sums due and payable by the Borrower to the AHFL shall be 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 the 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 orthe first EMI in such case will be the first day of the month following such month.
(iid) 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 this Agreement Article 2.6 (a) above and in the Schedule attached heretoSchedule, AHFL 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 AHFL IHFL may in its sole discretion decide. In such event(s), event/ s the Borrower borrower shall repay the Loan loan or the outstanding amount thereof as per the revised Schedule schedule as may be determined by the AHFL IHFL in its sole discretion and communicated to the Borrower borrower by the AHFL IHFL in writing.
(e) save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variations in the AIR and as result of this, the number of EMIs is liable to vary. No intimation shall be given by IHFL as to the number of EMIs required to be paid by the borrower upon each AIR application. Provided however the information as to the applicable /applied AIR during the financial year of IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by IHFL to the borrower annually. The borrower shall pay EMIs until the loan together with interest is repaid in full.
(f) Notwithstanding anything to the contrary contained in this agreement having regard to the AIR for the time being, IHFL shall be entitled to increase the EMI amount suitably if
(i) the said EMI would lead to negative amortization ( i.e. EMl not being adequate to cover interest in full ) and/or
(ii) the principal component contained in the EMls is inadequate to amortize the loan within such period as determined by IHFL. The borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by 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 loan amounts as IHFL may deem fit in its own discretion.
(h) The 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 the borrower shall furnish such information / documents immediately.
(i) The borrower, in case of partly disbursed loan accounts, may 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 Loan facility as well as the date of 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 determined by IHFL in its sole discretion and communicated to the borrower by IHFL in writing or any other mode/manner.
Appears in 1 contract
Sources: Loan Agreement
Amortization. The 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 I 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. HoweverA however, in the event of delay or advancement, advancement of disbursement for any reason whatsoever, in the Disbursement date of commencement of EMI, as the case may be, shall be the seventh day of the Loan, 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 corresponding 07th day (which is subject to change at the discretion of the Lender) of the following month month.
b) In addition to (a) above, the Borrower shall pay to the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL Lender, PEMI every month, until commencement of EMI. 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 amount of Loan and dues under this Agreement including the Loan together tenure. Information with interest, additional interest respect to such revision and all such other sums due and payable by the Borrower to the AHFL applicable/ applied Interest shall be payable at the place where the branch of the AHFL Is situated or such other notified by AHFL communicated to the Borrower by way of PDC and/or auto debit and/or ECS, and/or NACH, details whereof are mentioned in the 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 AHFLwriting. Notwithstanding what is stated in this Agreement Article 2.4 (a) above and in the Schedule attached heretoSchedule, AHFL 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 AHFL the Lender may in its sole discretion decide. In such event(s), events 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 AHFL Lender in its sole discretion and communicated to the Borrower by the AHFL Lender in writingwriting 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. The (a) Subject to Article 3, the Borrower will shall amortize the Loan as stipulated in under the Schedule I attached heretoApplicable Schedules, subject to any other changes in such amortization as communicated; in writing; due course in a reasonable time frameprovided however, by AHFL to the Borrower. However, that in the event of delay or advancement, advancement of disbursement for any reason whatsoever, in the Disbursement date of commencement of EMI shall be the first day of the Loan, month following the month in which the final disbursement of the Loan will have been completed and consequently the Due Date of payment of the first EMI shall in such case will be the corresponding 5th day of the month following such month and the Due Dates for subsequent EMIs shall be on or before 5th day of every succeeding month thereafter.
(b) Till the commencement of EMIs as above, the Borrower shall pay to the Bank PEMII every month. The Borrower shall pay the PEMIIs of the respective months, on or before the 5th day of the following month to the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment of the amount of the Loan together with interest, additional interest and all such other sums due and payable by the Borrower to the AHFL shall be 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 the 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:months respectively.
(ic) 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 this Agreement anything contained herein above and in the Schedule attached heretoApplicable Schedules, AHFL the 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 AHFL the Bank may in its sole discretion decidedeem fit and the Bank shall accordingly intimate the Borrower of such revision/rescheduling through communication or any other form of general or public announcement or displays, from time to time.
(d) 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 IR and as a result of this the number of EMIs is liable to vary. In such event(s)No intimation shall be given by the Bank as to the number of EMIs required to be paid by the Borrower upon each IR application. Provided however, the information as to the applicable/applied IR during the financial year of the Bank and the number of EMIs payable from the last IR application during such year shall be intimated by the Bank to the Borrower annually. The Borrower shall repay pay EMIs until the Loan or together with Interest and all charges is repaid in full.
(e) Notwithstanding anything to the outstanding contrary contained in this Agreement, the Bank shall be entitled to increase the EMI amount thereof 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 per the revised Schedule as may be determined by the AHFL Bank; and/or
(iii) There is any change in its sole discretion Spread in accordance with this Agreement; and/or
(iv) Occurrence of any Event of Default.
(f) The Borrower shall be required to pay such increased EMI amount and communicated the number thereof as decided by the Bank and intimated to the Borrower by the AHFL in writingBank.
(g) The Borrower shall of his own accord send to 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 time and the Borrower undertakes to furnish such information/documents immediately.
Appears in 1 contract
Sources: Loan Agreement
Amortization. The Borrower will amortize During the Loan as stipulated Standstill Period, the following provisions contained in this Section 5 shall apply:
(a) From and after the Schedule I attached hereto, subject to any other changes in such amortization as communicated; in writing; due course in a reasonable time frame, by AHFL date this Agreement becomes effective and prior to the Borrower. Howeverdate 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 sum of (x) the product of (A) thirty percent (30%) and (B) the Transaction Proceeds Amount plus (y) the product of (A) three (3) and (B) the ▇▇▇▇▇▇▇▇ Make-Up Amount, in the event case of delay or advancementthe Facility Lenders, for 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 reason whatsoeverother obligations due the Facility Lenders, and, in the Disbursement case of the LoanHenschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(d) Upon the closing of the Asset Sale, the Due Date 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 reimburse the Existing Lender and the Facility Lenders for any Transaction 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 first EMI shall in such case be the corresponding day 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 such 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 pay (x) to the Existing Lender an amount equal to its Pro-Rata Share of the product of seventy percent (70%) and any Mortgage Sale Excess Proceeds, to be applied to repayment of principal of the Existing Obligations under the Existing Loan Documents, and (y) to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ 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 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 day currently stated 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 Schedule I attached hereto. The Borrower shall also pay case of the Facility Lenders, for application to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment of the amount principal of the Loan together with interestBankBoston Debt, additional interest until such Debt is paid in full, and all 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.
(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 other sums due and payable Monthly Statement by the Borrower Existing Lender, the Available Post-Transaction Cash Flow with respect to the AHFL such month shall be payable at the place where the branch of the AHFL Is situated or distributed in each 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 the 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 month 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 infollows:
(i) within five days following receipt by the date Existing Lender of payment the Monthly Statement for such month but not sooner than one business day after receipt by the Existing Lender of EMls orthe 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.
(iii) after such time as the Existing Obligations shall have been repaid in full and until all obligations due to the 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 interestSale 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, principal in each case which are sold or EMls 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 numbers thereofCompany (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, 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 this Agreement above and in the Schedule attached hereto, 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 AHFL may in its sole discretion decide. In such event(s)discretion, the Borrower shall repay Existing Lender or, in the Loan 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 outstanding 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 thereof as per the revised Schedule as may be determined by the AHFL in its sole discretion and communicated due to the Borrower by Existing Lender under this Agreement, the AHFL in writingExisting Lender may set off such amount against Available Cash Flow from Securitization Receivables or payments on Pledged Loans otherwise payable to the Company hereunder.
Appears in 1 contract
Amortization. The Borrower will amortize During the Loan as stipulated Standstill Period, the following provisions contained in this Section 5 shall apply:
(a) From and after the Schedule I attached hereto, subject to any other changes in such amortization as communicated; in writing; due course in a reasonable time frame, by AHFL date this Agreement becomes effective and prior to the Borrower. Howeverdate 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 sum of (x) the product of (A) thirty percent (30%) and (B) the Transaction Proceeds Amount plus (y) the product of (A) three and (B) the ▇▇▇▇▇▇▇▇ Make-up Amount, in the event case of delay or advancementthe Facility Lenders, for 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 reason whatsoeverother obligations due the Facility Lenders, and, in the Disbursement case of the LoanHenschels, to be applied to repayment of the ▇▇▇▇▇▇▇▇ Note Obligations.
(d) Upon the closing of the Asset Sale, the Due Date 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 reimburse the Existing Lender and the Facility Lenders for any Transaction 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 first EMI shall in such case be the corresponding day 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 such 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 pay (x) to the Existing Lender an amount equal to its Pro-Rata Share of the product of seventy percent (70%) and any Mortgage Sale Excess Proceeds, to be applied to repayment of principal of the Existing Obligations under the Existing Loan Documents, and (y) to the Facility Lenders and the Henschels, as their interests may appear pursuant to the ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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 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 day currently stated 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 Schedule I attached hereto. The Borrower shall also pay case of the Facility Lenders, for application to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment of the amount principal of the Loan together with interestBankBoston Debt, additional interest until such Debt is paid in full, and all 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.
(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 other sums due and payable Monthly Statement by the Borrower Existing Lender, the Available Post-Transaction Cash Flow with respect to the AHFL such month shall be payable at the place where the branch of the AHFL Is situated or distributed in each 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 the 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 month 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 infollows:
(i) within five days following receipt by the date Existing Lender of payment the Monthly Statement for such month but not sooner than one business day after receipt by the Existing Lender of EMls orthe 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.
(iii) after such time as the Existing Obligations shall have been repaid in full and until all obligations due to the 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 interestSale 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, principal in each case which are sold or EMls 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 numbers thereofCompany (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, 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 this Agreement above and in the Schedule attached hereto, 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 AHFL may in its sole discretion decide. In such event(s)discretion, the Borrower shall repay Existing Lender or, in the Loan 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 outstanding 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 thereof as per the revised Schedule as may be determined by the AHFL in its sole discretion and communicated due to the Borrower by Existing Lender under this Agreement, the AHFL in writingExisting Lender may set off such amount against Available Cash Flow from Securitization Receivables or payments on Pledged Loans otherwise payable to the Company hereunder.
Appears in 1 contract
Amortization. The Borrower will amortize During the Loan as stipulated period prior to August 1, 2010, the loan documents require the borrower to make monthly payments of principal and interest, in the Schedule I 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. Howeverarrears, in the event combined amount of delay or advancement$240,017.69, for any reason whatsoeverwhich amount was calculated on the basis of a 360-month amortization schedule. In addition to the foregoing payments, after the interest rate resets on August 1, 2010, the loan documents also require the borrower to pay to the lender all of the borrower's excess cash flow, monthly, to further amortize the loan. See Loan No. 10006891 in the Disbursement 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 Underwriters make no representations as to the accuracy or completeness of the Loan, information contained herein. The information contained herein is qualified in its entirety by the Due Date of payment of first EMI shall information in such case be the corresponding day Prospectus and Prospectus Supplement for this transaction. The information contained herein is preliminary as of the following month to the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment of the amount of the Loan together with interest, additional interest date hereof and all such other sums due and payable will be superseded by the Borrower to the AHFL shall be 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 the 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 applicable final Prospectus and Prospectus Supplement and any other reasoninformation subsequently filed with the Securities and Exchange Commission. These materials are subject to change, 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 interestcompletion, 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 this Agreement above and in the Schedule attached hereto, AHFL shall have the right at any time or amendment from time to time without notice, and the Underwriters are under no obligation to review and reschedule the repayment terms keep you advised of the Loan such changes. These materials are not intended as an offer or of the outstanding amount thereof in such manner and to such extent as AHFL may in its sole discretion decide. In such event(s), the Borrower shall repay the Loan or the outstanding amount thereof as per the revised Schedule as may be determined by the AHFL in its sole discretion and communicated solicitation with respect to the Borrower purchase or sale of any security. Any investment decision with respect to the securities should be made by you based upon the AHFL information contained in writingthe final Prospectus Supplement and Prospectus relating to the securities. You should consult your own counsel, accountant, and other advisors as to the legal, tax, business, financial and related aspects of a purchase of these securities. ------------------------------------------------------------------------------- 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 mortgage loan was originated by Bear, ▇▇▇▇▇▇▇ Funding, Inc. on February 1, 2000.
Appears in 1 contract
Sources: Statement Regarding Assumptions (Bear Stearns Commercial Mortgage Securities Inc)
Amortization. The Borrower (a) Subject to article 2.2 & 2.3 the borrower will amortize the Loan loan as stipulated in the Schedule I attached heretoschedule.
(b) In addition to (a) above the borrower shall pay to IHFL PEMII every month, 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 if applicable.
(c) In the event of delay or advancement, in advancement of disbursement for any reason whatsoever, in the Disbursement date of the Loan, the Due Date commencement of payment of first EMI shall in such case be the corresponding first day of the month following the month to of which the day currently stated in the Schedule I attached hereto. The Borrower shall also pay to AHFL PEMI every month, until commencement of EMI. The Borrower agrees that the repayment disbursement of the amount of loan will have been completed and consequently the Loan together with interest, additional interest and all such other sums due and payable by the Borrower to the AHFL shall be 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 the 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 orthe first EMI in such case will be the first day of the month following such month.
(iid) 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 this Agreement Article 2.6 (a) above and in the Schedule attached heretoSchedule, AHFL 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 there of in such manner and to such extent as IHFL may in its sole discretion decide. In such event/ s the borrower shall repay the loan or outstanding amount thereof as per the revised schedule as may be determined by IHFL in its sole discretion and communicated to the borrower by IHFL in writing.
(e) save and except as provided under sub clause (f) below, for administrative convenience the EMl amount is intended to be kept constant irrespective of variations in the AIR and as result of this the number of EMIs is liable to vary. No intimation shall be given by IHFL as to the number of EMIs required to be paid by the borrower upon each AIR application. Provided however, the information as to the applicable/ applied AIR during the financial year of IHFL and the number of EMIs payable from last AIR application during such year shall be intimated by IHFL to the borrower annually. The borrower shall pay EMIs until the loan together with interest is repaid in full.
(f) Notwithstanding anything to the contrary contained in this agreement having regard to the AIR for the time being, IHFL shall be entitled to increase the EMI amount suitably if
(i) The said EMI would lead to negative amortization ( i.e. EMl not being adequate to cover interest in full ) and/or
(ii) The principal component contained in the EMls is inadequate to amortise the loan within such period as determined by IHFL. The borrower shall be required to pay such increased EMI amount and the number of installments thereof as decided by 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 loan amounts as IHFL may deem fit in its own discretion.
(h) The 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 the borrower shall furnish such information / documents immediately.
(i) The borrower, in case of partly disbursed loan accounts, may 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 date of commencement of EMI on the outstanding amount thereof in such manner and to such extent as AHFL IHFL may in its sole discretion decide. In such event(s), event/ s the Borrower borrower shall repay the Loan or commence payment of EMI on the outstanding amount thereof as per the revised Schedule schedule as may be determined by the AHFL IHFL in its sole discretion and communicated to the Borrower borrower by the AHFL IHFL in writing.
Appears in 1 contract
Sources: Loan Agreement