CONSENT CLAUSE. The Borrower hereby authorizes the Bank, its employees or any other person who by reason of the scope of work or capacity or office has access to the records, registers or any correspondence or material with regard to information relating to the Borrower, its account, the Facilities (collectively, the “Information”), to disclose such Information to (1) any person to whom such disclosure is permitted or required under any law or regulation or required or requested by any court, government authority or regulator; and (2) to the persons below: a. any Obligor; b. any person in connection with a Transfer or proposed Transfer. A “Transfer” includes any assignment or transfer of any of our rights or obligations, any participation, sub-participation, transfer of credit or other risk (entirely or in part) or benefit (entirely or in part) by any means, and entry into any other contractual relationship, in relation to the Facilities; c. any person for the purposes of enforcing or protecting the rights or interests in relation to the Facilities, any Security Document; d. any person in connection with any insolvency or analogous proceeding (including, without limitation judicial management, winding-up, compromise or arrangement, and receivership) relating to you, any Obligor or any other person/entity in connection with the Facilities, any Security Document; e. any government department, agency, ministry, body or statutory board or any relevant authority of any country with jurisdiction over the affairs of the Bank Group; f. any person involved in or connected to the grant of the Facilities to you, the preparation of any document, the performance of any transactions contemplated under any document and/or (as the case may be) (including, without limitation, programme managers, legal and other professional advisors and partners) and any person to whom we grant Facilities and/or (as the case may be) with whom we enter into documentation pursuant to any change in the Borrower’s constitution; g. any person having or claiming any interest in any security provided for the Facilities or any person in favour of whom the Borrower is proposing to create or grant an interest in the security for the purpose of seeking any consent for the creation or variation of any interest in or increasing the amount of moneys and liabilities secured or to be secured by any encumbrance over the security or in connection with any security sharing arrangements relating to the security or any enforcement of any security or any sale transfer disposition or any other dealing by any person whatsoever over or of or with the security; h. any insurer, valuer or proposed insurer or valuer for any security provided for the Facilities; i. any of your auditors or any auditor of any Obligor; j. any person engaged by us to collect any sums of money owing to us from you, for any purpose in connection with the collection of such sum; k. any person in connection with the provisions of insurance or services to meet DBS Group’s operational, administrative or risk management requirements; l. any member of the Bank Group or any third-party service provider engaged by us in connection with data processing, cross-selling of products (if applicable) and pursuing, on our behalf, further business opportunities; and m. any person in connection with the promotion to any of the Bank’s customers of financial products and services offered by any financial institution in India or elsewhere or by any corporation within the Bank Group. This Paragraph is not and shall not be deemed to constitute, an express or implied agreement by the Bank with the Borrower for a higher degree of confidentiality than that prescribed as per applicable laws. The Borrower by entering into this Agreement provides its consent to the Bank to disclose Borrower’s name in Bank’s annual accounts / balance sheet as prescribed in RBI circular on Exposure norms, as applicable from time to time (applicable only if the exposure exceed the single borrower / group borrower norms).
Appears in 1 contract
Sources: Term Loan Agreement
CONSENT CLAUSE. The Borrower hereby gives its irrevocable consent to the Bank for disclosing the name of the Borrower and its Directors to the Reserve Bank of India as “Willful Defaulter” in the event the Borrower defaults in respect of Facilities with the Bank. Without prejudice to the provisions of the foregoing sentence, ▇▇▇▇▇▇▇▇ hereby agrees and gives consent for the disclosure by the Bank of all or, any such information as may be required under applicable laws. The Borrower hereby authorizes the Bank, its employees or any other person who by reason of the scope of work or capacity or office has access to the records, registers or any correspondence or material with regard to information relating to the Borrower, its account, the Facilities (collectively, the “Information”), to disclose such Information to (1) any person to whom such disclosure is permitted or required under any law or regulation or required or requested by any court, government authority or regulator; and (2) to the persons below:
a. any Obligor;
b. any person in connection with a Transfer or proposed Transfer. A “Transfer” includes any assignment or transfer of any of our rights or obligations, any participation, sub-participation, transfer of credit or other risk (entirely or in part) or benefit (entirely or in part) by any means, and entry into any other contractual relationship, in relation to the Facilities;
c. any person for the purposes of enforcing or protecting the rights or interests in relation to the Facilities, any Security Documentsecurity document;
d. any person in connection with any insolvency or analogous proceeding (including, without limitation judicial management, winding-up, compromise or arrangement, and receivership) relating to you, any Obligor or any other person/entity in connection with the Facilities, any Security Document;
e. any government department, agency, ministry, body or statutory board or any relevant authority of any country with jurisdiction over the affairs of the Bank Group;
f. any person involved in or connected to the grant of the Facilities to you, the preparation of any document, the performance of any transactions contemplated under any document and/or (as the case may be) (including, without limitation, programme managers, legal and other professional advisors and partners) and any person to whom we grant Facilities and/or (as the case may be) with whom we enter into documentation pursuant to any change in the Borrower’s constitution;
g. any person having or claiming any interest in any security provided for the Facilities or any person in favour of whom the Borrower is proposing to create or grant an interest in the security for the purpose of seeking any consent for the creation or variation of any interest in or increasing the amount of moneys and liabilities secured or to be secured by any encumbrance over the security or in connection with any security sharing arrangements relating to the security or any enforcement of any security or any sale transfer disposition or any other dealing by any person whatsoever over or of or with the security;
h. any insurer, valuer or proposed insurer or valuer for any security provided for the Facilities;
i. any of your auditors or any auditor of any Obligor;
j. any person engaged by us to collect any sums of money owing to us from you, for any purpose in connection with the collection of such sum;
k. any person in connection with the provisions of insurance or services to meet DBS Group’s operational, administrative or risk management requirements;
l. any member of the Bank Group or any third-party service provider engaged by us in connection with data processing, cross-selling of products (if applicable) and pursuing, on our behalf, further business opportunities; and
m. any person in connection with the promotion to any of the Bank’s customers of financial products and services offered by any financial institution in India or elsewhere or by any corporation within the Bank Group. This Paragraph is not and shall not be deemed to constitute, an express or implied agreement by the Bank with the Borrower for a higher degree of confidentiality than that prescribed as per applicable laws. The Borrower by entering into this Agreement provides its consent to the Bank to disclose Borrower’s name in Bank’s annual accounts / balance sheet as prescribed in RBI circular on Exposure norms, as applicable from time to time (applicable only if the exposure exceed the single borrower / group borrower norms).
Appears in 1 contract
Sources: Working Capital Facilities Agreement