Common use of TERMSAPPLICABLETOTHEBORROWER Clause in Contracts

TERMSAPPLICABLETOTHEBORROWER. 4.1 121 Business Finance will conduct an assessment on the Borrower’s application to borrow funds and during the process, 121 Business Finance may contact any relevant authorities or private companies to ascertain, verify and confirm relevant information about the Borrower including but not limited to its legal, operational or credit history. The borrower hereby gives121 Business Finance its express permission to do so. 4.2 Unless 121 Business Finance is required to by the Law or has received prior written permission by the Borrower, 121 Business Finance will not reveal or disclose the documents provided by the Borrower to any third party. 4.3 Upon conclusion of 121 Business Finance’s assessment, 121 Business Finance will inform the Borrower of the outcome of the application, and if successful, the proposed terms and conditions of the proposed financial dealing to be facilitated. 4.4 Upon the Borrower’s consent to the proposed terms and conditions, 121 Business Finance will invite prospective Lenders to commit funds to the Borrower. Please be informed that such facility request does not constitute an agreement to extend capital to the Borrower. It is only an agreement to open the request to the Lenders to commit funds to the facility. This facility request is not an offer; it constitutes an invitation totreat. 4.5 The Borrower may elect whether or not to disclose its name in the facility request. The facility request will remain open for up to 3 calendar days, or for such period as may be agreed between Borrower and 121 Business Finance , starting from the day that the facility request is first publicised to Lenders (the “Open Request Period”). At the expiry of the Open Request Period, if the total amount of funds pledged by the Lenders in aggregate toward the facility request is below 50% or Rs 5 Lac of the requested facility amount, whichever is lower, the facility request shall be deemed to have expired and incapable of being accepted by the Borrower. The Borrower may withdraw the facility request at any time during the Open Request Period as long as the total amount pledged is below 50% of the requested facility amount. 4.6 Once the Lenders pledge a minimum of 50% or Rs 5 Lac of the requested facility amount, whichever is lower, the Borrower will receive notification from 121 Business Finance. Upon receiving such notification: a) If the Borrower had elected to disclose its name in the facility request, the Borrower may at this point elect to either accept or reject the facility within 1 (one) calendar day of receipt of the notification, or before the expiry of the Open Request Period, whichever is earlier (the “Borrower Decision Period”). If the Borrower neither accepts nor rejects the facility within the Borrower Decision Period, the Borrower is deemed to have accepted the facility, and the facility amount that will be granted to the Borrower will equal the total amount pledged at the expiry of the Borrower Decision Period; or b) if the Borrower elected not to disclose its name in the facility request, the Borrower is obliged to disclose its name to ▇▇▇▇▇▇▇ who have pledged funds to the Borrower. Lenders have upto or one(1)Calendar Day to withdraw their offer of funds to the Borrower. If at the expiry of said timeframe, the pledged facility is maintained at a minimum of 50% or Rs 5 lac of the requested facility amount, whichever is lower, the facility will remain open for further pledges until the Borrower elects to either accept or reject the facility within 3 calendar days in accordance with the terms and procedure set out in Clause 4.6a) above. If the facility pledged falls below 50% or Rs 5 lac of the requested facility amount, whichever is lower, the request facility will be reopened and the terms and procedures set out in Clauses 4.5 and 4.6 will apply. 4.7 The maximum facility amount that can be granted to the Borrower is the amount proposed to the Borrower by 121 Business Finance under the terms and conditions of the proposed financing instrument. 4.8 Upon the Borrower’s acceptance of the facility, the Borrower agrees to enter into the relevant instrument and any related documents within the stipulated timeframe communicated to them by 121 Business Finance . The Borrower acknowledges and agrees that 121 Business Finance will receive a commission of 15%,of the interest portion of the repayment payable by the Borrower to the Lender or such other percentage to be determined by 121 Business Finance in its sole and absolute discretion. The borrower also agrees to pay a sum of 1% of the facility amount to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ should he/they fail to enter into relevant instrument on its part written stipulated time frame whether due to own act of failure to act. 4.9 Upon execution of the relevant agreement, the pledged amount will be made available to the Borrower, by way of a cheque, banker’s cheque or bank transfer through RTGS.

TERMSAPPLICABLETOTHEBORROWER. 4.1 121 Business Finance will conduct an assessment on the Borrower’s application to borrow funds and during the process, 121 Business Finance may contact any relevant authorities or private companies to ascertain, verify and confirm relevant information about the Borrower including but not limited to its legal, operational or credit history. The borrower hereby gives121 Business Finance its express permission to do so. 4.2 Unless 121 Business Finance is required to by the Law or has received prior written permission by the Borrower, 121 Business Finance will not reveal or disclose the documents provided by the Borrower to any third party. 4.3 Upon conclusion of 121 Business Finance’s assessment, 121 Business Finance will inform the Borrower of the outcome of the application, and if successful, the proposed terms and conditions of the proposed financial dealing to be facilitated. 4.4 Upon the Borrower’s consent to the proposed terms and conditions, 121 Business Finance will invite prospective Lenders to commit funds to the Borrower. Please be informed that such facility request does not constitute an agreement to extend capital to the Borrower. It is only an agreement to open the request to the Lenders to commit funds to the facility. This facility request is not an offer; it constitutes an invitation totreatto treat. 4.5 The Borrower may elect whether or not to disclose its name in the facility request. The facility request will remain open for up to 3 calendar days, or for such period as may be agreed between Borrower and 121 Business Finance Finance, starting from the day that the facility request is first publicised to Lenders (the “Open Request Period”). At the expiry of the Open Request Period, if the total amount of funds fun ds pledged by the Lenders in aggregate toward the facility request is below 50% or Rs 5 Lac of the requested facility amount, whichever is lower, the facility request shall be deemed to have expired and incapable of being accepted by the Borrower. The Borrower may withdraw the facility request at any time during the Open Request Period as long as the total amount pledged is below 50% of the requested facility amount. 4.6 Once the Lenders pledge a minimum of 50% or Rs 5 Lac of the requested facility amount, whichever is lower, the Borrower will receive notification from 121 Business Finance. Upon receiving such notification: a) If the Borrower had elected to disclose its name in the facility request, the Borrower may at this point elect to either accept or reject the facility within 1 (one) calendar day of receipt of the notification, or before the expiry of the Open Request Period, whichever is earlier (the “Borrower Decision Period”). If the Borrower neither accepts nor rejects the facility within the Borrower Decision Period, the Borrower is deemed to have accepted the facility, and the facility amount that will be granted to the Borrower will equal the total amount pledged at the expiry of the Borrower Decision Period; or b) if If the Borrower elected not to disclose its name in the facility request, the Borrower is obliged to disclose its name to ▇▇▇▇▇▇▇ Lenders who have pledged funds to the Borrower. Lenders have upto up to or one(1)Calendar one (1) Calendar Day to withdraw their offer of funds to the Borrower. If at the expiry of said timeframe, the pledged facility is maintained at a minimum of 50% or Rs 5 lac of the requested facility amount, whichever is lower, the facility will remain open for further pledges until the Borrower elects to either accept or reject the facility within 3 calendar days in accordance with the terms and procedure set out in Clause 4.6a) above. If the facility pledged falls below 50% or Rs 5 lac of the requested facility amount, whichever is lower, the request facility will be reopened and the terms and procedures set out in Clauses 4.5 and 4.6 will apply. 4.7 The maximum facility amount that can be granted to the Borrower is the amount proposed to the Borrower by 121 Business Finance under the terms and conditions of the proposed financing instrument. 4.8 Upon the Borrower’s acceptance of the facility, the Borrower agrees to enter into the relevant instrument and any related documents within the stipulated timeframe communicated to them by 121 Business Finance Finance. The Borrower acknowledges and agrees that 121 Business Finance will receive a commission of 15%,of 15%, of the interest portion of the repayment payable by the Borrower to the Lender or such other percentage to be determined by 121 Business Finance in its sole and absolute discretion. The borrower also agrees to pay a sum of 1% of the facility amount to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ should he/they fail to enter into relevant instrument on its part written stipulated time frame whether due to own act of failure to act. 4.9 Upon execution of the relevant agreement, the pledged amount will be made available to the Borrower, by way of a cheque, banker’s cheque or bank transfer through RTGS.

TERMSAPPLICABLETOTHEBORROWER. 4.1 121 Business Finance will conduct an assessment on the Borrower’s application to borrow funds and during the process, 121 Business Finance may contact any relevant authorities or private companies to ascertain, verify and confirm relevant information about the Borrower including but not limited to its legal, operational or credit history. The borrower hereby gives121 Business Finance its express permission to do so. 4.2 Unless 121 Business Finance is required to by the Law or has received prior written permission by the Borrower, 121 Business Finance will not reveal or disclose the documents provided by the Borrower to any third party. 4.3 Upon conclusion of 121 Business Finance’s assessment, 121 Business Finance will inform the Borrower of the outcome of the application, and if successful, the proposed terms and conditions of the proposed financial dealing to be facilitated. 4.4 Upon the Borrower’s consent to the proposed terms and conditions, 121 Business Finance will invite prospective Lenders to commit funds to the Borrower. Please be informed that such facility request does not constitute an agreement to extend capital to the Borrower. It is only an agreement to open the request to the Lenders to commit funds to the facility. This facility request is not an offer; it constitutes an invitation totreatto treat. 4.5 The Borrower may elect whether or not to disclose its name in the facility request. The facility request will remain open for up to 3 calendar days, or for such period as may be agreed between Borrower and 121 Business Finance Finance, starting from the day that the facility request is first publicised to Lenders (the “Open Request Period”). At the expiry of the Open Request Period, if the total amount of funds pledged by the Lenders in aggregate toward the facility request is below 50% or Rs 5 Lac of the requested facility amount, whichever is lower, the facility request shall be deemed to have expired and incapable of being accepted by the Borrower. The Borrower may withdraw the facility request at any time during the Open Request Period as long as the total amount pledged is below 50% of the requested facility amount. 4.6 Once the Lenders pledge a minimum of 50% or Rs 5 Lac of the requested facility amount, whichever is lower, the Borrower will receive notification from 121 Business Finance. Upon receiving such notification: a) If the Borrower had elected to disclose its name in the facility request, the Borrower may at this point elect to either accept or reject the facility within 1 (one) calendar day of receipt of the notification, or before the expiry of the Open Request Period, whichever is earlier (the “Borrower Decision Period”). If the Borrower neither accepts nor rejects the facility within the Borrower Decision Period, the Borrower is deemed to have accepted the facility, and the facility amount that will be granted to the Borrower will equal the total amount pledged at the expiry of the Borrower Decision Period; or b) if If the Borrower elected not to disclose its name in the facility request, the Borrower is obliged to disclose its name to ▇▇▇▇▇▇▇ Lenders who have pledged funds to the Borrower. Lenders have upto up to or one(1)Calendar one (1) Calendar Day to withdraw their offer of funds to the Borrower. If at the expiry of said timeframe, the pledged facility is maintained at a minimum of 50% or Rs 5 lac of the requested facility amount, whichever is lower, the facility will remain open for further pledges until the Borrower elects to either accept or reject the facility within 3 calendar days in accordance with the terms and procedure set out in Clause 4.6a) above. If the facility pledged falls below 50% or Rs 5 lac of the requested facility amount, whichever is lower, the request facility will be reopened and the terms and procedures set out in Clauses 4.5 and 4.6 will apply. 4.7 The maximum facility amount that can be granted to the Borrower is the amount proposed to the Borrower by 121 Business Finance under the terms and conditions of the proposed financing instrument. 4.8 Upon the Borrower’s acceptance of the facility, the Borrower agrees to enter into the relevant instrument and any related documents within the stipulated timeframe communicated to them by 121 Business Finance Finance. The Borrower acknowledges and agrees that 121 Business Finance will receive a commission of 15%,of 15%, of the interest portion of the repayment payable by the Borrower to the Lender or such other percentage to be determined by 121 Business Finance in its sole and absolute discretion. The borrower also agrees to pay a sum of 1% of the facility amount to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ should he/they fail to enter into relevant instrument on its part written stipulated time frame whether due to own act of failure to act. 4.9 Upon execution of the relevant agreement, the pledged amount will be made available to the Borrower, by way of a cheque, banker’s cheque or bank transfer through RTGS.