SBB Common Booklet
SBB Common Booklet
CONTENTS
Sr. No Documents
1. DPN (As per trail document)
• CCD – 1 (A) – For proprietorship concerns/Trust/Society
• CCD – 1 (A) – For company
• CCD – 1 (D) – For partnership firms/ Limited Liability Partnership (LLP)
2. CCD – 2 - DP Note Delivery Com Waiver Letter
3. Facility Agreement
4. Deed of Guarantee (Applicable as per sanctioned terms)
5. Vernacular Declaration
6. End use letter
7. Disbursal advice
8. Standing Instruction ( Not applicable for CC)
9. Letter of Authority (NOC) - (In case borrower is Partnership firm)
10. Partnership Letter (In case borrower is Partnership firm)
11. Format for Board Resolution (In case borrower is company)
12. Format for Board Resolution – Trust/Society
13. Signature Card
For Trust & Societies, it must be ensured that apart from the abstract of the board resolution, a
photocopy of the minute book should be also obtained and held on record and should be reconciled
with what has been stated in the resolution
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INSTRUCTIONS TO FILL DOCUMENTS
CCD-1 (A) is to be taken in case the borrower is other than a partnership firm and is to be
executed only by the Borrower when credit facilities are approved at interest rates linked to
Repo Rate.
CCD-1(A) is to be executed for the aggregate amount of all fund based credit facilities
sanctioned to the borrower, which are repayable on demand, such as, Cash Credit, Demand
Loans, Bills Discounting/Purchase, Export Finance, Short Term Loans etc.
The blank space at 'Rs………….. is' to be filled in with the aggregate amount of credit facilities
in figures and the blank space at 'Rupees………………………..' is to be filled in with the
aggregate amount of credit facilities in words.
The blank space at 'I/We…………................................................' is to be filled in with the
name of the Borrower.
The blank space at 'at…………..% below/above Repo Rate is to be filled in as per the sanction
terms and the blank space at "presently at........ percent per annum" is to be filled in with the
present interest rate.
The blank space at "with ………... rests " to be filled in with the appropriate rests. (Once in 3
months)
The blank space at 'Place…………..' is to be filled in with the name of the town/city where
CCD-1(A) is being executed.
The blank space at 'Date………….....................,,,,,,,,.' is to be filled in with the date of
execution of the document.
In case of the Borrower being a Company, the following clause should be inserted -
CCD-1 (D) is to be taken in case the borrower is a partnership firm or a group of individuals and
to be executed only by the Borrower.
This DP Note shall be executed when credit facility(ies) are approved at interest rates linked to
Repo Rate.
CCD-1(D) is to be executed for the aggregate amount of all fund based credit facilities
sanctioned to the borrower, which are repayable on demand, such as, Cash Credit, Demand
Loans, Bills Discounting/Purchase, Export Finance, Short Term Loans etc.
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The blank space at 'Rs………….............. is' to be filled in with the aggregate amount of credit
facilities in figures.
The blank space at 'We………….................................................' is to be filled in with the name of
the borrowers.
The blank space at ' authorised signatories of M/s…………..' is to be filled in with the name of the
entity. This phrase is to be modified as per constitution of the entity.
The blank space at 'Rupees………………………..' is to be filled in with the aggregate amount of
credit facilities in words.
The blank space at 'at the rate of ……..% below/above Repo Rate' is to be filled in as per the
sanction terms.
The blank space at "presently at......................... percent per annum" is to be filled in with the
present interest rate.
The blank space at "with ………... rests " to be filled in with the appropriate rests. (Once in 3
months)
The blank space at 'Place…………..' is to be filled in with the name of the town/city where CCD-
1(D) is being executed.
The blank space at 'Date…….....................................' is to be filled in with the date of execution of
the document.
CCD-2 must be executed only by the Borrower along with the DP Note.
The blank space at 'Rs………….............. is' to be filled in with the aggregate amount of credit
facilities in figures.
The blank space at 'Rupees………………………..' is to be filled in with the aggregate amount of
credit facilities in words.
The blank space at 'Place…………......' is to be filled in with the name of the town/city where
CCD-2 is being executed.
The blank space at 'Date………............................…..' is to be filled in with the date of execution of
the document.
CCD –2 should be executed as an Agreement.
CPD - 4 is to be taken from the Borrower who is hypothecating the movables under the Card Power
Facility.
This agreement is to be executed by the Borrower and the Borrower must sign IN FULL on all
pages, including the signature column.
To be stamped as a Hypothecation Deed as per Local Stamp Acts.
Please ensure that all blanks are filled up or irrelevant portion are struck off and duly authenticated.
Declaration (Vernacular)
To be signed by a third person who has explained the contents of the document to the person executing
the document in vernacular language.
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CCD-1 (A)
Borrower Signaturee
DEMAND PROMISSORY NOTE
Rs________________________
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ON DEMAND, I/We________________________________________________________________,
promise to pay AXIS Bank Ltd. or order, the sum of Rupees______________________________________
____________________________________________________only together with interest from the date
hereof, at______________________________________% above Repo Rate (the present Repo Rate being
__________________% p.a.) i.e. presently at ______________percent per annum or such other rate the
Bank may fix from time to time, in relation to the Repo Rate, compounding and payable with monthly rests,
for value received.
Borrower Signature
Revenue
Stamp
Borrower
Place:___________________________
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Date:____________________________
Borrower Signature
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Borrower Signature
CCD-1 (A)
Rs.____________________
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ON DEMAND, We, ____________________________________________, having its registered office at
_____________________________________________________________________promise to pay
Axis Bank Ltd or order, the sum of Rupees___________________________________________________
____________________________________________________________only together with interest
from the date hereof, at ________________________________________________% above Repo Rate
(the present Repo Rate being _________% p.a.) i.e. presently applicable at
__________________________________% percent per annum or such other rate the Bank may fix from
time to time, in relation to the Repo Rate, compounding and payable with monthly rests, for value received.
Borrower Signature
Revenue
Place: _____________________ Stamp
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Date: ______________________
Borrower
IN WITNESS WHEREOF the Common Seal of ______________
_____________________________________ having its registered
office at______________________________________________
______________________________________ has been hereunto
affixed on the day and year first hereinabove mentioned
pursuant to the Resolution of the Board of Directors dated
______________________________________in the presence of:
Mr.___________________________________
Borrower Signature
Common
Seal
Mr. ___________________________________
the Director/Authorised signatory/company secretary, who have in token thereof, subscribed their
signature hereto.
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CCD-1 (D)
Borrower Signature
JOINT AND SEVERAL DEMAND PROMISSORY NOTE
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Rs_________________________
On Demand We,
1)____________________________________________
2)____________________________________________
3)____________________________________________
4)____________________________________________
authorised signatories of M/s_______________________________________________________jointly
Borrower Signature
and severally promise to pay AXIS Bank Ltd. or order the sum of Rupees
______________________________for value received alongwith interest at the rate of
______________________________________________% above Repo Rate (the present Repo Rate
being ___________________% p.a.) i.e. presently at ________________________percent per annum or
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such other rate as the Bank may fix from time to time, in relation to the Repo Rate, compounding and payable
with monthly rests, for value received.
Revenue
Stamp
Borrower
Place: ____________________
Date:____________________
Borrower Signature
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Borrower Signature
CCD-2
D.P. NOTE DELIVERY CUM WAIVER LETTER
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______________________
Dear Sir,
Please take delivery of the accompanying Demand Promissory Note dated ___________________ for
Rs.___________(Rupees_________________________________________________________________)
I/We do hereby also waive my/our rights of the presentment of the aforesaid Demand Promissory Note. We
Borrower Signature
further request you to note that we dispense with a notice of dishonour in terms of Section 98(a) of the
Negotiable Instruments Act, 1881, and that in the event of payment not being made on demand by us the AXIS
Bank Ltd. is at liberty to give time for payment to us without discharging us from liability.
The said Demand Promissory Note shall operate as a continuing security to you to be enforceable for the
repayment of the ultimate balance or all sums remaining unpaid under the Credit facility granted now or
hereafter; and I/We are to remain liable on the said Demand Promissory Note notwithstanding the fact that by
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payment made into the Loan account from time to time, the Credit facility may from time to time be reduced or
extinguished or even that the balance of the said account(s) may be at credit.
Borrower
Place________________
Date________________
Borrower Signature
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FACILITY AGREEMENT
THIS AGREEMENT executed at the place and date as specified herein below by the person(s) described
in the Schedule herein below (hereinafter collectively and severally referred to as "The Borrower of the
FIRST PART
AND
AXIS BANK LTD., a Banking company incorporated under the companies Act, 1956 and carrying on the
Banking business under the Banking Regulation Act, 1949 and having its registered office at
'Trishul', 3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellis Bridge, Ahmedabad, Gujarat-
380006, and branch office at the place mentioned in the Schedule herein below hereinafter called “the
Bank” which term unless the context otherwise requires includes its successors and assigns from time to
time of the SECOND PART.
The expression “the Borrower” shall include its respective heirs, executors, administrators and assigns,
surviving partners, successors, Co-parceners, members, all trustees, as the case may be.
WHEREAS :
a. The Borrower is in the business as specified in the Schedule herein below
b. The Bank at the request of the Borrower is agreeable to grant such Credit Facility upto the limit(s) as
specified in the Schedule herein below with full power to the Bank from time to time to renew or reduce
or enhance the limit or altogether withdraw the Facility on the terms and conditions appearing herein
(hereinafter collectively and individually referred to as "the said Credit Facility)", read with the
sanction letter details of which are specified in the Schedule herein below.
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Borrower Signature Borrower Signature Borrower Signature
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1.5 Interest Tax and other taxes/levies as may be applicable from time to time on the Loan shall be borne
solely by the Borrower(s).
1.6 The Bank shall be entitled to debit all other amounts due and payable by the Borrower(s) under this
Agreement (including but not limited to interest tax, fees, stamp duty, processing fee, login fees, costs,
service and other charges, claims and expenses including expenses which may be incurred by the
Borrower(s) in the enforcement or attempted enforcement of security created in favour of the Bank) to
the Borrower(s)' Loan account, unless separately reimbursed to the Bank by the Borrower(s). Such
amounts shall form part of the Loan.
1.7 All amounts in default for payment (i.e. not paid by the Borrower(s) when due to the Bank) including
costs, charges and expenses debited to the Loan account shall attract penal interest without there being
any need to assign a reason for such revision and interest and penal interest shall thereafter accrue at
such revised rate(s) as per the schedule.
1.8 Interest on the Loan shall be payable every month separately.
1.9 Axis Bank (once in 3 months) will reset all disbursed loans on predefined date.
1.10 The Repo Rate prevailing on the day the facility is opened and the credit limit is set up by the Bank for
utilisation will be applicable till the next reset date, irrespective of the changes in the Repo Rate
during the interim period
1.11 Spread under Repo Rate: The effective rate of interest will be Repo Rate + Spread. The Bank is free to
decide the spread over the external benchmark. However, credit risk premium may undergo change
only when borrower's credit assessment undergoes a substantial change. Further, other components of
spread including operating cost could be altered once in three years.
2) (A) REPAYMENT:
The principal amount of the Credit Facility shall, if not demanded earlier by the Bank as mentioned
herein after, be repaid by the Borrower to the Bank to be paid as per repayment stipulated in the
sanction, provided however that the Bank will be entitled to demand immediate repayment of the
Credit Facility amount if any installment of interest/ Credit Facility installment remains unpaid on the
due date for payment thereof.
(B) PREMATURE PAYMENT :
i. The Borrower shall have no right to repay the outstanding financial assistance in full or in part at any
time except as specified hereto. In case the Borrower wants to prematurely repay the outstanding
financial assistance, the same shall however, be entirely at the sole discretion of the Bank and the
acceptance of the said request shall be subject to such terms and conditions including prepayment
premium, as may be stipulated by the lender in this behalf.
ii. The Borrower agrees that the Bank may, in its own discretion without assigning any reason and upon
written notice mailed or delivered to the Borrower cancel the Credit Facility herein granted and
demand repayment thereof. Delivery of such notification by the Bank shall constitute sufficient notice
of such cancellation, and thereupon the said Credit Facility, all interest due and payable thereon and all
liabilities and other obligations of the Borrower thereunder to the Bank including interest, and other
charges shall become due and payable by the Borrower immediately to the Bank.
[C] In case of the Borrower availing this Facility in the form of Cash Credit:
a) The Borrower shall be allowed to overdraw the account at the discretion of the Bank, overdrawing will
be approved by the bank upon request of the borrower.
b) In such an event of the Bank granting excess drawing to the extent as specified in (a) above, the total
number of days of such excess drawing allowed under this scheme shall not exceed 90 days in a year
(ie. from the date of sanction to the day the account falls due for renewal).
c) The Borrower undertakes and confirms that all the security documents executed for the sanctioned
limit shall automatically stand extended to the excess drawing permitted by the Bank.
d) Subject to clauses (a) to (c) above, the Borrower undertake to operate and monitor the said credit
Facility in a manner so that the outstanding in the account do not exceed the sanctioned limit or the
drawing power, whichever is lower. In the event of any exceedings or overdrawings, the Borrower
shall immediately regularize the position and shall also be liable to pay penal interest on the overdue
amount or on the entire outstandings, at the discretion of the Bank.
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Borrower Signature Borrower Signature Borrower Signature
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e) the Borrower agrees that the Bank at its discretion will charge and recover a Processing/ Commitment
fee at a rate which may be stipulated by it, and as specified in the Schedule herein below on the
unutilized portion of the said credit Facility, for the period utilization of the credit limit remains below
the sanctioned limit/drawing power.
f) The Borrower shall submit to the Bank a duly signed statement of stocks, receivables, other assets
charged to the Bank as security for the said credit Facility, at monthly or any other periodical interval
specified by the Bank, in a form acceptable to the Bank.
g) The Borrower shall furnish the Bank with all such information as the Bank may reasonably require for
satisfaction as to due compliance with terms of the said credit Facility and all such periodical reports
and information, at such intervals, in such form and containing such particulars as you may call for the
purpose of ascertaining the results of the utilisation of the said advance.
h) *(Applicable to partnership firms and multiple Borrowers) The Borrower expressly agrees that any
notice addressed to any one of the Borrower regarding revision in the rate of interest or/and any other
terms of sanction governing the said credit Facility, shall be deemed to be notice given to all and such
notice shall be sufficient and binding on all of us and each one of us expressly authorises the others
severally to receive such notice on each one's behalf.
i) The Borrower shall not invest or lend money except in the normal course of business or act as surety or
Guarantor without getting the written consent of the Bank.
j) Borrower shall not lease out or dispose of the immovable property/ current assets/ other assets or part
thereof mortgaged/hypothecated to the Bank without the prior written consent of the Bank, nor shift
the assets to any place without the prior written consent of the Bank.
k) In the event of the closure of the Unit/ Shop or stoppage of work due to strike, lock-out, mechanical
breakdown, want of raw materials, non-movement of finished goods, power shortage or/and for any
other reason, intimation will be sent to the Bank by Borrower within 3 days of the occurrence of
closure or stoppage of work.
l) The Borrower shall maintain a margin of 25% on Stocks and 40% on receivables unless otherwise
stipulated in the sanction.
[D] In case of Card Power Overdraft facility
The Bank agrees to sanction the Overdraft Facility as specified in Schedule to this Agreement and as
varied, from month to month, on review against the hypothecation of charge slips/receivables
submitted by the Borrower relating to all Debit/ Credit cards issued by any Bank in India and includes
Master Card, Visa Card, and includes any such services provided by any institution or Body Corporate
who presently discount the credit and debit card sale at the Borrower's Establishments, including any
new or subsequent entity (hereinafter collectively referred to as “Card Banks”) with whom the
Borrower may tie up with prior intimation to AXIS Bank.
“Receivables” shall mean and include all amounts of daily collection/receipts, including
credit/debit/prepaid card/Payment gateway Receivables, arising out of the sales of any goods dealt by
the Borrower and/or anything in lieu of goods by the various outlets both existing /proposed to be set up
by the Borrower in future and shall include all amounts set aside as specific percentage of such
receivables in the Zero Limit overdraft account.
“Zero Limit Overdraft Account” shall mean an account where a part of card receivable shall be
parked as per the terms of sanction from where the overdue amount shall be recovered.
“Flexi Fixed Deposit” shall mean fixed deposit created for a maximum tenor of 6 months from the
“Zero Limit Overdraft account” once the balance in the account exceeds Rs. 10000/- . The Flexi
Fixed Deposit shall be used to adjust the overdue in the card power plus overdraft account.. The
Flexi Fixed deposit so created if not adjusted against the overdue within a period of 6 months shall
continue to be renewed automatically for a further maximum period of 6 months
[E] In case of Overdraft facility
a. The Bank shall, unless otherwise agreed between the Borrower(s) and the Bank, disburse the Loan in
lump sum by issuing a Banker's Payment Order or a Demand Draft crossed as “A/c Payee only” in the
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Borrower Signature Borrower Signature Borrower Signature
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name of the Borrower(s) or in the name of the previous financier towards the repayment of the
previous loan to be taken over by utilising this Loan or through RTGS as the case may be upon request
of the borrower. In case the funds remitted through RTGS towards takeover, the borrower undertakes
not to utilize the funds so remitted towards takeover.
b. It is understood that the charges in relation to the disbursement (including charges for issuance or for
the collection of proceeds by the beneficiary on such payment order or demand draft) shall be borne
by the Borrower(s).
c. The Bank may not disburse at any time, any amount under the Loan unless the following conditions
are complied with in the sole discretion of the Bank:
i) The Loan Agreement is duly executed and delivered to the Bank by the Borrower(s);
ii) The Borrower(s) satisfies the Bank of its clear and marketable title to the Property;
iii) The Borrower(s)' submission to the Bank of post dated cheques towards repayment; and
iv) Any other document or writing as the Bank may require in its sole discretion.
v) Submission of all the necessary approvals and permission from the appropriate authorities
including but not limited to approvals and certificates from corporations.
d. The Bank may not, having disbursed any amount, disburse any further amount under the Loan unless
the following conditions are complied with in the sole discretion of the Bank before such further
disbursement:
i) No event of default shall have occurred;
ii) The Borrower(s) shall have produced evidence of the use of prior disbursements;
iii) The Borrower(s) shall have assigned in favour of the Bank, the insurance policy (ies) as required
by the Bank;
iv) The Borrower(s) shall have produced his periodic financial statements; and
v) The Borrower(s) shall have produced all or any other documents or writings as required by the
Bank in its sole discretion, which shall be binding on the Borrower(s).
e. The Borrower(s) shall repay to the Bank the amount on demand and in accordance with the Schedule.
In case of the facilities of revolving nature, security created by the Borrower shall continue to remain
unaffected by reason of the facilities account being brought to credit or ceasing to be in debit due to set off
of amounts standing to the credit of any account(s) of the Borrower at any time or of its being drawn upon
to the full extent and afterwards being brought to credit, and shall continue to be in full force and effect
until the payment of all monies due under the facilities and the facilities are terminated. This Agreement
shall be operative for the balance from time to time due by the Borrower to the Bank in the facilities
account relating to the relevant facilities and such facilities Account shall not be considered as closed by
reason of such facilities account being brought to credit at any time or from time to time or of its being
drawn upon to the full extent and afterwards brought to credit or ceasing to be in debit due to set off of
amounts standing to the credit of any account(s) of the Borrower and this Agreement will continue to be
operative and unaffected until such relevant Facilities are terminated and all monies in respect thereof are
repaid in full to the Bank.
III. Disbursement
1. The Bank shall, unless otherwise agreed between the Borrower and the Bank, disburse the Loan in
lump sum or in suitable installments to be decided by the Bank, or in the name of the Borrower (s) or in
the name of the previous financier towards the repayment of the previous loan to be taken over by
utilising this Loan. The disbursement such made shall be at the request of the borrower. The borrower
undertakes not to utilise the amount remitted to previous financier towards takeover of the existing
facilities.
b. The Bank has absolute right to settle any indebtedness whatsoever owed by the Borrower to the Bank
under this Document or under any other document / agreement, by adjusting, setting-off any
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Borrower Signature Borrower Signature Borrower Signature
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deposit(s) and / or transferring monies lying to the balance of any account(s) held by the Borrower with
Borrower Signature
the Bank without giving prior notice to the Borrower. However, Bank will intimate the Borrower of
such exercise of rights under this clause within 2 working days. The Bank's rights hereunder shall not
be affected by the Borrower's bankruptcy, death or winding-up. It shall be the Borrower's sole
responsibility and liability to settle all disputes / objections with any such joint account holder.
c. The Bank may not, having disbursed any amount, disburse any further amount under the Loan unless
the following conditions are complied with in the sole discretion of the Bank before such further
disbursement:
i) No event of default shall have occurred;
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ii) The Borrower shall have produced all or any other documents or writings as required by the Bank in
its sole discretion, which shall be binding on the Borrower.
IV Limit Cancellation Clause
i) Notwithstanding anything contained in the sanction letter, The Borrower agree that the Bank in its
discretion may reduce or otherwise vary the limits, margins or other conditions or types of credit
facilities so sanctioned. The Bank is also at liberty to disburse the sanctioned credit facility either in
one lump sum or in instalments or stages as it may deem fit.
Further, the Bank shall have an unconditional right to cancel the undrawn/unavailed/unused portion of
the Loan / Facility at any time during the subsistence of the Loan / Facility, without any prior notice to
the borrower, for any reason whatsoever. In the event of any such cancellation, all the provisions of
this Agreement and all other related documents shall continue to be effective and valid and the
Borrower Signature
Borrower shall repay the outstanding dues under the loan duly and punctually as provided herein.
V GENERAL CONDITIONS
This agreement shall be read with the General Conditions contained in the Annexure hereto which
shall form an integral part of this agreement and be deemed incorporated herein by reference and the
parties hereto agree to accept and be bound by the provisions thereof.
VI Email ID
All communications to the borrower could be made by the Bank to the e-mail Id
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and any change thereof would be communicated by the borrower to the Bank in writing and all such
communications for changing the e-mail ID from time to time shall deemed to form part and parcel of
this agreement.
Borrower(s)/ Common
Authorised Signatory Seal
______________________
Borrower
* In case of a Company
IN WITNESS WHEREOF the common seal of the Company has been hereunto affixed the day and
year first herein above mentioned
The Common Seal of................................................................................... Ltd. has been affixed
Borrower Signature
hereunto pursuant to the Resolution of the Board of Directors dated...........................in the presence of
:
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Borrower Signature Borrower Signature Borrower Signature
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Borrower Signature
1.
2.
the Director/s and /or the..............................., who have in token thereof , subscribed their signature
hereto.
In case of Partnership firm
IN WITNESS WHEREOF the Partners of the Firm have set and subscribed their respective hands
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hereto, the day and year first herein above mentioned
(Partners)
In case of Limited Liability Partnership firm
IN WITNESS WHEREOF the designated Partners of the Firm have set and subscribed their
respective hands hereto, the day and year first herein above mentioned
Borrower Signature
In case of Prop. Concern
IN WITNESS WHEREOF the said Proprietor has set and subscribed his/her hand hereto, the day
and year first herein above mentioned
For..................................................................... (name of the Prop. Concern)
Proprietor
In case of Individual
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IN WITNESS WHEREOF the said Mr. _________________________________ has set and
subscribed his/her hand hereto, the day and year first hereinabove mentioned
________________________
Borrower
_________________________
(Authorised Signatory)
Borrower Signature
Signed and Delivered by AXIS Bank Ltd. by the hand of its Authorised Signatory/ Constituted Attorney
Mr._________________________________________
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Borrower Signature Borrower Signature Borrower Signature
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Annexure
GENERAL CONDITIONS
General conditions cum Warranties :
The Borrower hereby represents and warrants as under:
a. That it has obtained the requisite License and does not suffer from any statutory or legal infirmities
affecting the pursuit or running of its business/ undertaking.
b. *(If a Company) That it has taken all necessary corporate and other actions for execution of this
Agreement and availing of the Credit Facility from the Bank;
c. The execution hereof of these presents and related documents by the Borrower, constitutes legal,
valid and binding obligations of the Borrower.
d. The Borrower hereby declares that the Borrower has a clear and marketable title/ clear and
transferable interest over the property(ies) to be secured in favour of the Bank and further assures
the Bank that the same is free from any prior charge, lien or encumbrance other than those
specifically advised to the Bank.
e. The Borrower shall at all times during the currency of the Credit Facility, at its own cost, keep the
said property constituting the Bank's security fully insured against such risks and for such
amounts and for such period and forms as the Bank may require, in the name of the Bank with the
usual Bank mortgage clause, with such insurance company or companies of repute to be approved
by the Bank in writing and shall deposit the insurance policies and all cover notes premia receipts
etc. with the Bank. The Borrower shall make punctual payment of all premia and shall not do or
suffer to be done any act which may invalidate such insurance and will on receipt of any moneys
under the said policies, pay the same to the Bank which shall, at the option of the Bank, be applied
either in reinstating or replacing the security or in repayment of the said Dues.
f. Borrower/s must utilise borrowed funds solely for the purpose for which the loan is granted and
that it cannot make any material transfers to its group entities, from such funds, without the
consent of the Bank.
I) OTHER COVENANTS:
The Borrower further covenants as under:
i. to furnish to the Bank all such information, statements, particulars, estimates and reports etc. as the
Bank may require from time to time as to the compliance with the terms of the Credit Facility;
ii. not to permit any change in the ownership or control of the Borrower whereby the effective
beneficial ownership or control of the Borrower shall change, without the prior written consent of
the Bank;
iii. not to effect any material change in the management of the business of the Borrower, without the
prior written consent of the Bank;
iv. (If Borrower is a partnership firm) to ensure that no retirement or resignation of any one or more
partners happen without the prior approval of the Bank and in the event the partnership is dissolved
or reconstituted as a result of such retirement or resignation, without the approval of the Bank, the
subject partner(s) who has /have retired or resigned shall not be relieved of their liability under this
Credit Facility;
v. not to make any amendments in the Borrower's Memorandum and Articles without the prior
written consent of the Bank ( in case of the Borrower being a company);
vi. The Borrower shall furnish upon demand any other security in such form and value as may be
required by the Bank from time to time in amounts and values sufficient at all time in the opinion of
the Bank to secure the payment of the Credit Facility provided here and any other obligations of the
Borrower to the Bank.
vii. The Borrower confirms that the Borrower shall utilise the said Credit Facility only for the purposes
of its Business as set forth in its application for Credit Facility.
viii The Borrower hereby agree and undertake that no such person whose name is appearing in the
list of Willful defaulters shall be inducted on its board and that in case, such a person is found
to be on its Board, it would take expeditious and effective steps for removal of such person
from its Board.
ix. The Borrower hereby acknowledge and agree that the Bank has a right to award a separate
X X X
Borrower Signature Borrower Signature Borrower Signature
19
mandate to our Auditor or any independent Auditor, as the Bank may deem fit with a view to
obtain a specific certificate regarding diversion /siphoning of funds by the Borrower. The
Borrower agree and undertake to co-operate with such Auditors and provide the necessary
information and/or documents as may be required by such Auditors. The Borrower also agree
and undertake to bear all the expenditure in respect of obtaining the said Certificate and agrees
to indemnify and keep the Bank indemnified in this regard.
x. The Borrower shall not be entitled to directly or indirectly assign my/our rights or obligations
under this Agreement in part or in whole to any person.
xi. Interest on the Credit Facility shall be computed and debited to the Loan Account taking the
basis of 365 days a year
xii. The Borrower also agree, undertake and confirm as under:
1. The Borrower understand that as a precondition relating to the grant of and/or continuing the grant
of credit facility to us, AXIS Bank required the borrowers consent for the disclosure by the Bank
of, information and data relating to us, of the Credit Facility availed of / to be availed by us, in
discharge thereof.
2. Accordingly, The Borrower hereby agree and give consent for the disclosure by AXIS Bank of all
or any such :
Ÿ Information and data relating to us ;
Ÿ The information of date relating to its credit Facility availed of / to be availed by us and
Ÿ Default, if any, committed by us, in discharge of my/our /the Company's such obligation; as AXIS
Bank may deem appropriate and necessary, to disclose and furnish to Credit Information Companies
["CIC"] and any other agency authorised in this behalf by Reserve Bank of India ["RBI"] and/or to
Information Utilities or any other person pursuant to the Insolvency and Bankruptcy Code, 2016;
and/or to any other government agencies, statutory or regulatory or law enforcement authority
(including Court and/or Tribunals.
Ÿ The Borrower hereby gives specific consent to the Bank/Lender for disclosing / submitting the
'financial information' as defined in Section 3 (13 ) of the Insolvency and Bankruptcy Code, 2016 (
'Code' for brief ) read with the relevant Regulations/ Rules framed under the Code, as amended and in
force from time to time and as specified there under from time to time, in respect of the Credit/
Financial facilities availed from the Bank/ Lender, from time to time, to any 'Information Utility' ( 'IU'
for brief ) as defined in Section 3 ( 21 ) of the Code, in accordance with the relevant Regulations
framed under the Code, and directions issued by Reserve Bank of India to the banks from time to time
and hereby specifically agree to promptly authenticate the 'financial information submitted by the
Bank/Lender, as and when requested by the concerned 'IU'
Ÿ The Borrower declare that the information and data furnished by the borrower to AXIS Bank Limited
are true and correct.
Ÿ The Borrower also undertake that:
Ÿ CIC and any other agency so authorised may use, process the said information and data disclosed by
the Bank in the manner as deemed fit by them; and
Ÿ CIC and any other agency so authorised may furnish for consideration, the processed information and
data disclosed or products thereof prepared by them, to Bank(s)/ Financial Institution(s) and other
Credit Grantors or Registered Users, as may be specified by the RBI in this behalf.
(a) The Borrower agree, undertake and authorize the Bank to exchange, share or part with all the
information, data or documents or other information as mentioned in this clause and also the
information relating to the conduct of the Borrower's accounts, credit history or to the Borrower,
whether under consortium or multiple banking or sole banking arrangement and repayment record,
with other banks / financial institutions involved in the financing arrangement also w ith the banks/
financial institutions intending to finance the Borrower, as the Bank may deem necessary or
appropriate as may be required for use or processing of the said information / data by such banks/
financial institutions or furnishing of the processed information / data to other banks / financial
institutions / credit providers and the Borrower shall not hold the Bank liable in any manner for use of
such information.
xiii.In the event the Borrower fails to pay when due any sum which it may owe to the Bank and the Bank
shall commence legal proceedings to recover such sum, the Borrower will further pay the Bank all
advances, charges, cost and expenses, including reasonable legal fees, incurred or paid by the Bank in
X X X
Borrower Signature Borrower Signature Borrower Signature
20
exercising any right, power or remedy conferred by this arrangement, (or in the enforcement thereof
shall become a part of the indebtedness secured hereunder and shall be paid to the Bank by the
Borrower immediately and without demand).
III. EVENTS OF DEFAULT:
At the option of the Bank, and without necessity of any demand upon or notice to the Borrower, all of
which are hereby expressly waived by the Borrower, and notwithstanding anything contained herein or
in any security documents executed by / to be executed by the Borrower in the Bank's favour, the said
Dues and all of the obligations of the Borrower to the Bank hereunder, shall immediately become due
and payable irrespective of any agreed maturity, and the Bank shall be entitled to enforce its security,
upon the happening of any of the events stipulated in the sanction , including the following:
(a) If any representations or statements or particulars made in the Borrower's proposal / application
are found to be incorrect or the Borrower commits any breach or default in performance or
observance of these presents or failure to keep or perform any of the terms or provisions of any
other agreement between the Bank and Borrower in respect of this Credit Facility;
(b) If the Borrower commits any default in the payment of principal or interest or any obligation of
the Borrower to the Bank when due and payable;
(c) If there is any deterioration or impairment of the securities / the said property or any part
thereof or any decline or depreciation in the value or market price thereof (whether actual or
reasonably anticipated), which causes the securities in the judgment of the Bank to become
unsatisfactory as to character or value ;
(d) If any attachment, distress, execution or other process against the Borrower, or any of the
securities is enforced or levied upon;
(e) The death, insolvency, failure in business, commission of an act of Bankruptcy, general
assignment for the benefit of creditors, if the Borrower suspends payment to any creditors or
threatens to do so, filing of any petition in Bankruptcy of by, or against the Borrower or filing
up of any petition for winding up of the Borrower.
(f) If the Borrower ( being a Company ) goes into liquidation for the purpose of amalgamation or
reconstruction, except with prior written approval of the Bank;
(g) If Borrower (being a partnership firm) without the prior approval of the Bank is dissolved or
reconstituted as a result of the retirement or resignation of any partner
(h) Any person makes or threatens to make any application under the Insolvency and Bankruptcy
Code, 2016 and/or any notice is received in relation to the same;
(i) If a receiver is appointed in respect of the whole or any part of the property /assets of the
Borrower;
(j) If the Borrower, without prior written consent of the Bank, attempt or purport to create any
charge, mortgage, pledge, hypothecation, lien or other encumbrance over the Borrower's
property or any part thereof, which is or shall be the security for the repayment of the said Dues
except for securing any other obligations of the Borrower to the Bank;
(k) If any circumstance or event occurs which is prejudicial to or impairs or imperils or jeopardise
or is likely to prejudice, impair, imperil, depreciate or jeopardise any security given by the
Borrower or any part thereof;
(l) If the Credit Facility or any part thereof is utilised for any purpose other than the purpose for
which it is applied by the Borrower and sanctioned by the Bank;
Events of default:
(m) Fails to disclose the required information or discloses incorrect information.
V. OTHER CONDITIONS:
I) The Borrower shall restrict his dealing with AXIS Bank and shall not open an account with any
other Bank(s). The Borrower may with the prior written approval of AXIS Bank, open such
accounts as may be permitted with other Bank(s) however, in case the Borrower is permitted to
deal with other Bank(s) a statement of the account shall be submitted to AXIS Bank on a
monthly basis.
ii) The rights, powers and remedies given to the Bank by this agreement shall be in addition to all
rights powers and remedies given to the Bank by virtue of any other security, statute, or rule of
law. The Bank may exercise a Banker's lien or right of set-off with respect to any obligation of
the Borrower to the Bank in the same manner as if the obligation were unsecured and shall have a
lien on all property or securities of the undersigned in the Bank's possession or custody whether
for safe-keeping or otherwise. Any forbearance or failure or delay by the Bank in exercising any
right, power or remedy hereunder shall not be deemed to be waiver of such right, power or
X X X
Borrower Signature Borrower Signature Borrower Signature
22
remedy, and any single or partial exercise of any right, power or remedy hereunder shall not
preclude the further exercise thereof and every right and remedy of the Bank shall continue in
full force and effect until such right, power or remedy is specifically waived by an instrument in
writing executed by the Bank.
iii) The Borrower shall reimburse and pay to the Bank all costs, charges and expenses, including
stamp duty and legal costs on actual basis and other charges & expenses which may be incurred
in preparation of these presents and related to and/or incidental documents as also for the
enforcement or attempted enforcement of the security hereby created.
iv) Nothing contained in these presents shall be deemed to limit or affect prejudicially the rights and
powers of the Bank under the security documents or letters of guarantee or any of them or under
any law.
v) In case of breach of the terms or in case of any of the events happening as stated hereinbefore, the
Bank would have the full rights to sell, dispose off or realise the said securities in compliance of the
applicable Law, and apply the net proceeds towards the satisfaction of the balance outstanding in the
Credit Facility account including charges, expenses, etc.
vi) The Borrower shall indemnify and keep indemnified the Bank against all actions, suits,
proceedings and all costs, charges, expenses, losses or damages which may be incurred or
suffered by the Bank by reason of any false or misleading information given by the Borrower to
the Bank hereunder or any breach / default / contravention/ non-observance/ non-performance
by the Borrower of any terms, conditions, agreements and provisions hereunder. The Bank shall
be entitled to include any amount payable by the Borrower under this clause in the said Dues
being the subject matter of this Agreement.
vii) The Borrower agrees to accept the statement of account sent by the Bank or by any other
authorised representative of the Bank as conclusive proof of the correctness of any sum claimed
to be due from him.
viii) The Borrower shall execute in favour of the Bank or any nominee/agent of the Bank any DP
Note/ further/additional/fresh deeds/documents etc. whenever required by the Bank to
do so.
*These clauses are applicable in the case of Company and/or partnership firms only :
ix) The claims of the Bank shall have precedence over the claim of the partners/Directors by
way of remuneration, interest, etc.
x) The Fair Practice Code for the Lenders as published on the Axis Bank's website, shall apply to
the Loan. Copy of the Fair Practice Code for lenders as available on the Bank's website.
https://www.axisbank.com/docs/default-source/default-document-library/fair-practice-code-
for lenders.pdf
VI. RIGHT TO ASSIGN :
The Lenders (or any of them) may assign or otherwise transfer the facility (or the portion thereof
respectively advanced by them) to any third party and pursuant to which the Lenders (or any of them)
shall be entitled to assign the Security created herein with all or any rights under this Agreement
without the prior written consent of the Borrower.
VII. SERVICE OF NOTICE :
Any notice or correspondence shall be in writing and to be addressed at the above mentioned address
of the Borrower and shall be deemed to have been sufficiently served if delivered by hand or
addressed by Registered A.D. Post reputed courier services, at the addresses mentioned herein above
and such service shall be deemed to have been effected in case of delivery by hand on the date on
which it is delivered and in case of delivery by Registered A.D.Post on the expiry of 5th day of such
posting and in case of delivery by Courier, on the expiry of 3rd day of such posting.
VIII. JURISDICTION:
The Borrower agrees that the courts situated at the place of execution of this document shall have exclusive
jurisdiction to settle any disputes which may arise out of or in connection with this Deed and that accordingly
any suit, action or proceedings (together referred to as "Proceedings") arising out of or in connection with this
Agreement may be brought in such courts or the tribunals. Nothing contained herein shall limit the right of the
Bank to initiate any Proceedings in any other court or tribunal of competent jurisdiction, nor shall the taking of
Proceedings in one or more jurisdictions preclude the taking of Proceedings in any other jurisdiction whether
concurrently or not."
X X X
Borrower Signature Borrower Signature Borrower Signature
23
SCHEDULE
Borrower Signature
Sr. no. Title Details
A) Date of Execution of document
B) Place of Execution of document
C) Borrower’s Name
D) Business
E) Constitution of Borrower
X
F) Registered / Office /
Business / Address
G) Axis Bank Branch Handling
H) Sanction letter no. and
J) Penal Interest
K) Processing Charges
L) Security Details of Primary Security :
Product Type Security Details
Borrower Signature
X
Details of Collateral Security :
Borrower Signature
X
X X X
Borrower Signature Borrower Signature Borrower Signature
24
Facility wise details
Borrower Signature
Sr. no. Title (For Cash Credit) Details
A) Facility Type
B) Amount
C) Tenure of Loan
D) Rate of Interest (Interest rates are
X
linked to Repo Rate
Current Repo Rate of bank is
__________)
E) Reset Frequency Once in 3 months
Borrower Signature
B) Amount
C) Tenure of Loan
X
D) Rate of Interest (Interest rates are
linked to Repo Rate
Current Repo Rate of bank is
__________)
X X X
Borrower Signature Borrower Signature Borrower Signature
25
Borrower Signature
Title (For Term Loan/
Sr. no. Merchant Term Loan) Details
A) Facility Type
X
B) Amount
C) Tenure of Loan
D) Rate of Interest
(Fill for Term Loan) (Interest rates
are linked to Repo Rate
Current Repo Rate of bank is
Borrower Signature
______)
E) Rate of Interest Repo Rate = __% p.a. + Spread = __% p.a. =
(Fill for Merchant Term Loan) "Effective ROI = ___% p.a.", No Reset
F) Repayment Schedule :
Facility number No. of Months Repayment
Interest to be paid separately
(In case of multiple Amount
X
as and when applied
Term Loan)
Borrower Signature
X X X
Borrower Signature Borrower Signature Borrower Signature
26
CCD17
X
___________________residing at ________________________________/OR/a Company
incorporated and registered under the Companies Act, 1956 and having its Registered Office
at__________________________________________through its authorized signatory
____________//OR//a partnership firm, carrying on its partnership business under the
Partnership Act, 1932 and having its office at _____________________________||OR|| Shri.
______, a Sole Proprietor of M/s. _________________________________________, a
Proprietorship Concern having its office at _____||OR|| Shri. ___________ on behalf of
M/s._________________________________________, a trust/society and registered under
the _______________ ||OR|| _________________________________, a Joint and Hindu
Undivided Family, through its coparceners and all members
X
Concern having its office at ______________________________________||OR|| Shri.
__________, on behalf of M/s.___________________________________________, a
trust/society and registered under the _____________________________________ ||OR||
______, a Joint and Hindu Undivided Family, through its coparceners and all members
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
27
_____________________________________________________________________________
X
5. Mr/Mrs. _______________________________________________________________aged
about _____years wife/son/daughter of __________________________residing at
_____________________________________________________________________________
_________________/OR/a Company incorporated and registered under the Companies Act, 1956
and having its Registered Office at............................. through its authorized signatory
____________//OR//a partnership firm, carrying on its partnership business under the Partnership
Act, 1932 and having its office at ____________ ||OR|| Shri. ___________________________, a
Sole Proprietor of M/s. _____________________________, a Proprietorship Concern having its
office at ______________||OR|| Shri. _______________________________________, on behalf
of M/s.____________, a trust/society and registered under the ______ ||OR|| ______, a Joint and
(hereinafter referred to as the "Guarantors” which expression shall, unless it be repugnant to the subject
or context thereof, include its successors and assigns and all persons deriving/claiming title there
under)
IN FAVOUR OF
AXIS Bank Ltd., a company incorporated under the Companies Act, 1956 and having its registered
X
Office at “Trishul', 3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellis Bridge,
Ahmedabad 380 006 and among other places a branch at ________________________________
(hereinafter referred to as the "Bank” which expression shall, unless it be repugnant to the subject or
context thereof, include its successors and assigns)
WHEREAS
a) ______________________________________________________________________(name of the
Borrower) having his/her/its office at______________________________________(herein referred
as the “Borrower”) has requested the Bank to lend and advance Credit Facilities aggregating to
Rs__________________(Rupees______________________) (hereinafter referred to as “Credit
Guarantor Signature (1)
b) The Bank has granted/agreed to grant/continue to grant the advance to the Borrower the said Credit
Facility on the terms and conditions contained in the sanction letter ref. no.
_________________________________________ dated _________________ (hereinafter referred
to as the “Sanction Letter") and the various documents obtained/to be obtained entered into between the
Borrower and the Bank. (hereinafter referred to as the “Facility Documentation")
X
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
28
c) One of the terms on which the said Credit Facility was agreed to be granted by the Bank to the
X
unconditionally, absolutely, severally and irrevocably guarantees to and agrees with the Bank as
follows:
1. The Bank shall have the sole discretion (i) to make disbursement(s) and/or interim disbursement(s) out
of the Credit Facility; and/or (ii) to lend and advance to the Borrower, the said Credit Facility at such
time, on such conditions and in such manner as the Bank may decide.
2. The Guarantors shall ensure that the Borrower shall duly and punctually repay the said Credit Facility
together with all interest, liquidated damages, premium on prepayment or on redemption, costs,
expenses and other monies in accordance with the Facility Documentation and perform and comply
with all the other terms, conditions and covenants contained in the said Facility Documentation
3. In the event of any default on the part of the Borrower in payment/repayment or any of the monies
referred to above, or in the event of any default on the part of the Borrower to comply with or perform
any of the terms, conditions and covenants contained in the Facility Documentation, the Guarantors
X
4. The Guarantors shall also indemnify and keep the Bank indemnified against all losses, damages, costs,
claims and expenses whatsoever which the Bank may suffer, pay or incur by reason of or in connection
with any such default on the part of the Borrower including legal proceedings taken against the
Borrower and/or the Guarantors for recovery of the monies due under the Facility Documentation.
5. The Guarantors agrees that without the concurrence of the Guarantors, the Bank shall be at liberty to
vary, alter or modify the terms and conditions of the Facility Documentation and of the security
documents executed by the Borrower in favour of the Bank and in particular to defer, postpone or
Guarantor Signature (1)
revise the repayment of the Credit Facility and/or payment of interest and other monies payable by the
Borrower to the Bank on the such terms and conditions as may be considered necessary by the Bank
including any increase in the rate of interest. The Bank shall also be at liberty to absolutely dispense
with or release all or any of the security/securities furnished or required to be furnished by the
Borrower to the Bank to secure the said Credit Facility. The Guarantors agrees that the liability under
this Guarantee shall in no manner be affected by any such variations, alterations, modifications,
waiver, dispensation with or release of security, and that no further consent of the Guarantors is
required for giving effect to any such variation, alteration, modification, waiver, dispensation with, or
release of security.
X
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
29
6. The Bank shall have full liberty, without notice to the Guarantors and without in any way affecting this
Guarantee, to exercise at any time and in any manner any power or powers reserved to the Bank under
the Facility Documentation to enforce or forbear to enforce payment of the Credit Facility or any part
thereof or interest or other monies due to the Bank from the Borrower or any of the remedies or
securities available to the Bank, to enter into any composition or compound with or to grant time or any
other indulgence or facility to the Borrower AND the Guarantors shall not be released by the exercise by
the Bank of their liberty in regard to the matters referred to above or by any act or omission on the part of
the Bank or by any other matter or thing whatsoever which under the law relating to sureties would but
for this provision have the effect of so releasing the Guarantors AND the Guarantors waives in favour of
the Bank so far as may be necessary to give effect to any of the provisions of this Guarantee, all the
suretyship and other rights which the Guarantors might otherwise be entitled to enforce.
7. This Guarantee shall be enforceable against the Guarantors jointly and severally notwithstanding that
any security or securities comprised in any instrument(s) executed or to be executed by the Borrower in
favour of the Bank shall, at the time when the proceedings are taken against the Guarantors under the
Guarantee be outstanding or unrealised or lost.
8. The Guarantors agrees and gives consent to the sale, mortgage on prior, pari-passu or first charge basis,
release etc., of any of the assets by the Borrower from time to time as may be approved by the Bank or
the transfer of any of the assets of the Borrower from one unit to the other or to the release or lease out by
the Bank any or whole of the assets charged to the Bank on such terms and conditions as the Bank may
deem fit and this may be treated as a standing and continuing consent for each and every individual act
of transfer, mortgage, release or lease of any of the assets of the Borrower. The Guarantors declares and
agrees that no separate consent for each such transfer, mortgage, release or lease of any of such assets
would be necessary in future.
9. The Guarantors agrees and declares that the Borrower will be free to avail of further loan or other
facilities from the Bank or any other financial institution or Bank in addition to the Credit facility and/or
to secure the same during the subsistence of this Guarantee and in that event the Guarantee herein
contained will not be affected or vitiated in any manner whatsoever but will remain in full force and
effect and binding on the Guarantors.
10. The rights of the Bank against the Guarantors shall remain in full force and effect notwithstanding any
arrangement which may be reached between the Bank and the other Guarantors/Borrower from liability
and notwithstanding that any time hereafter the other Guarantors may cease for any reason whatsoever
to be liable to the Bank, the Bank shall be at liberty to require the performance by the Guarantors of their
obligations hereunder to the same extent in all respects as if the Guarantors had at all times been solely
liable to perform the said obligations.
11. To give effect to this Guarantee, the Bank may act as though the Guarantors were the principal Borrower
to the Bank for all payments guaranteed by him as aforesaid to the Bank.
12. The Guarantors declares and agrees that they have not received and shall not, without the prior consent
in writing of the Bank receive any security or commission from the Borrower for giving this Guarantee
so long as any monies remain due and payable by the Borrower to the Bank under the Facility
Documentation.
13. The Guarantors agrees and confirms that the Bank shall be entitled to adjust appropriate or set-off all
monies held by the Bank to the credit of or for the benefit of the Guarantors on any account or otherwise
howsoever towards the discharge and satisfaction of the liability of the Guarantors under these presents.
14. The Guarantors shall not in the event of the insolvency of the Borrower prove in competition with the
Bank in the insolvency proceedings.
15. A certificate in writing signed by a duly authorised official of the Bank shall be conclusive evidence
against the Guarantors of the amount for the time being due to the Bank from the Borrower in any action
or proceeding brought under this Guarantee against the Guarantors.
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
30
16. This Guarantee shall not be wholly or partially satisfied or exhausted by any payments made to or
settled with the Bank by the Borrower and shall be valid and binding on the Guarantors and operative
X
(ii) any change in the constitution of the Bank/Guarantors.
19. This Guarantee shall be a continuing one and shall remain in full force and effect till such time the
Borrower repays in full, the said Credit Facility together with all interest, premium on prepayment or
on redemption, costs, expenses and other monies that may from time to time become due and payable
and remain unpaid to the Bank under the Facility Documentation.
20. The liability of the Guarantors hereunder shall be to the extent of Rs._____________________
(Rupees_________________________________________________________________________
__________________________)plus all interest, premium on prepayment or on redemption, costs,
expenses and other monies payable by the Borrower to the Bank under the Facility Documentation or
any other letter or deed. Should there be any excess drawings of the said Credit Facility by the
Borrower over and above the initial limit sanctioned to the Borrower, for any reason whatsoever, the
X
containing the notice was posted and a certificate by any of the responsible officer of the Bank that to
the best of his knowledge and belief, the envelope containing the said notice was so posted, shall be
conclusive as against the Guarantors, even though it was returned unserved on account of refusal of the
Guarantors or otherwise.
22. The liability of the Guarantors hereunder shall not be affected by any dispute between the Borrower
and the Bank raised or pending before the Court, Tribunal or Arbitrator(s) and the Guarantors shall
remain liable under these presents notwithstanding any orders passed therein.
23. The Guarantors shall not be entitled to the right conferred on sureties notwithstanding anything
contained in sections 133, 134,135, 139 and 141 of the Indian Contract Act, 1872.
24. The Guarantors agrees and declares that the rights and powers conferred on the Bank by these presents
may be exercised against him/her/them jointly and/or severally at the discretion of the Bank.
Guarantor Signature (1)
25. The Guarantors shall not be discharged at any time till such time the Bank issues its discharge in
writing.
26. For the purpose of this Deed, unless the context otherwise requires, singular shall include plural.
27. Assignment and Transfer The Bank shall have a right to sell or transfer (by way of assignment,
securitisation or otherwise) whole or part of the Credit Facility and outstanding amounts under the
Credit Facility or any other rights and obligations of the Bank under this Deed or any other document
pursuant hereto to any person/entity in a manner or under or under such terms and conditions as the
Bank may decide in its sole discretion without reference to or intimation to the Guarantors.
X
The Guarantors expressly agrees, in the event of sale or transfer as aforesaid, to accept such person to
whom the Credit Facility is sold or transferred as his lender and make the repayment of the Credit
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
31
Facility to such person as may be directed by the Bank.
The Guarantors shall not be entitled to directly or indirectly assign his rights or obligations under this
Deed in part or in whole to any person.
28. The Guarantors agrees that any admission or acknowledgement in writing by the Borrower of the
amount of indebtedness of the Borrower or otherwise as in relation to the subject matter of the
guarantee, shall be binding on the Guarantors and the Guarantors accepts the correctness of any
statement of account served on the Borrower which is duly certified by the Bank and the same shall be
binding and conclusive as against the Guarantors and the Guarantors further agrees that in making an
acknowledgement or making a payment the Borrower shall be treated as the authorized agent of the
Guarantors for the purpose of Indian Limitation Act, 1963.
29. The Guarantors agrees that the Bank shall not be bound to enquire into the powers of the Borrower and
the Bank has powers against the Guarantors notwithstanding any security given or being given to the
Bank may be void or defective.
30. "The Guarantor hereby agrees that, the Guarantor is liable to be treated as a Willful defaulter in terms
of the applicable RBI guidelines, in the event, the Bank makes a claim on the Guarantor on account of
the default made by the Borrower, and the Guarantor refuses to comply with the demand made by the
Bank, despite having sufficient means to make payment of the dues.”
31. Interest on the Credit Facility shall be computed and debited to the Loan Account taking the basis of
365 days a year.
32. The Guarantor hereby agree as a pre-condition of the grant of said credit facility/ies to the Borrower
by the Bank, that in case the Borrower commits default in the repayment of the credit facility/ies or in
the repayment of interest thereon or any of the agreed installment of the credit facility/ies on due
date/s and on the Guarantor's refusal to comply with the demand from the Bank under this guarantee,
pursuant to such default of the Borrower, the Bank or Reserve Bank of India will have an unqualified
right to declare, disclose and/or publish the name or the names of the Guarantor and its
directors/partners as willful defaulter in such manner and through such medium as the Bank or
Reserve Bank of India in their absolute discretion may think fit.
33. This Deed of Undertaking shall be binding on the Guarantor, its successors, assigns, administrators,
liquidators and all those claiming title under it and shall remain in force as an unconditioned and
irrevocable Undertaking and no period of limitation will commence in respect of this Deed
Undertaking till the repayment of the entire facility by the Borrower.
It is further confirmed that the Guarantor is having appropriate authority to issue this letter.
34. Disclosure Clause
The Guarantors understands that as a pre-condition, relating to grant of the loans/advances/other non-
fund based Credit Facility to the Borrower and furnishing of guarantee in relation thereto, the Bank
requires consent of the Guarantors of the Credit Facility granted/to be granted by the Bank for the
disclosure by the Bank of information relating to the Guarantors,, obligations as assumed by the
Guarantors/s in relation to the Credit Facility availed by the Borrower and default, if any, committed
in discharge thereof.
Accordingly, the Guarantors agrees and gives consent for the disclosure by the Bank of all or any
such:
1. Information and data relating to Guarantors.
2. the information or data relating to Guarantor's/obligations in any credit facility granted/to be granted
by the Bank and guaranteed by the Guarantors and
3. Default, if any committed by the Guarantors in discharge of Guarantor's obligation as the Bank may
deem appropriate and necessary to disclose and furnish to Companies (CIC). and any other agency
authorized in this behalf by RBI.
4. The Guarantor hereby gives specific consent to the Bank/Lender for disclosing / submitting the
'financial information' as defined in Section 3 (13 ) of the Insolvency and Bankruptcy Code, 2016 (
'Code' for brief ) read with the relevant Regulations/ Rules framed under the Code, as amended and in
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
32
force from time to time and as specified there under from time to time, in respect of the guarantees
The Guarantors declare that the information and data furnished by the Guarantors to the Bank are true
and correct.
X
The Guarantors undertake that –
1. The Companies (CIC). and any other agency so authorized may use, process the said information and
date disclosed by the Bank in the manner as deemed fit by them and
2. The Companies (CIC). and other agency so authorized may furnish for consideration, the processed
information and data or products thereof prepared by them, to Banks/Financial Institutions and other
credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf.
The Guarantors agrees that in case the Guarantors commits a default in payment or repayment of any
amounts under this Deed, the Bank and/or RBI or any other authorised agency will have an unqualified
right to disclose or publish the details of the default and the name of the Guarantors, its directors,
partners, as the case may be, as defaulters, in such manner and through such medium as the Bank or RBI
in their absolute discretion may think fit.
X
*IN CASE OF AN INDIVIDUAL
The Guarantor has executed the Deed of Guarantee at the place and date herein above mentioned
1.
2.
3. Common
Seal
4.
5.
*IN CASE OF A COMPANY
The common seal of the Company has been hereunto affixed the place and date first hereinabove
mentioned at................................
Guarantor Signature (1)
The Common Seal of.......... Ltd. has been affixed) hereunto pursuant to the Resolution of the Board of
)
Directors dated.........................................in the presence of: )
1. )
2. )
the Director/s and/or the........................................, who have in token )
thereof, subscribed their signature hereto. )
X
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
33
*IN CASE OF PARTNERSHIP FIRM
The Partners of the Firm have executed the Deed at the place and date herein above mentioned.
(Partners) )
X
IN WITNESS WHEREOF the designated Partners of the Firm have set and subscribed their respective
hands hereto, the day and year first hereinabove mentioned
(Designated Partners)
For _______________________
X
*In case of Trust/Society
The authorised signatory has executed the Deed at the place and date herein above mentioned.
For _______________________
_________________________
(Authorised Signatory)
Guarantor Signature (1)
X X X
Guarantor Signature (1) Guarantor Signature (2) Guarantor Signature (3)
34
DECLARATION
(To be obtained in case the executant signs in the language other than English and Illiterates)
Signature
explained to Mr./Mrs. _________________________________________________________________
______________________________________ the Borrowers/ Guarantors and he/she/they having
understood the contents thereof subscribed to the Agreement (dated at _____________________ this
X
____________day of __________________ 20________________)
Signature of Declarant
Date
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End use Declaration
Borrower Signature
(Date)
Dear Sir,
Sub: Application for Credit Sanction Facility.
X
__________________ dated ________________________ submitted by me to Axis Bank Ltd for availing of
an ___________________________________Facility from Axis Bank.
Facility Purpose
Overdraft For General Business purpose / Working Capital
Cash Credit For General Business purpose / Working Capital
Card power For General Business purpose / Working Capital
Secured Term Loan For Purchase of property
or Purchase of Machinery
For Business Purpose
Borrower Signature
In case of any other Facility
Facility Type :
I hereby represent, warrant and confirm that the aforesaid purpose is a valid purpose and also agree and
undertake to utilize the facility only for the above mentioned purpose and that the facility shall not be
used for the purpose of:
• Any illegal and/or antisocial and/or litigation activity
X
• Investment in real estate
• Speculative purposes including but not limited to participation in stockmarkets/IPOs
• Acquisition of small savings instruments (including KVP & NSC)
• Purchase of gold in any form, including primary gold, gold bullion, gold jewellery, gold coins, units of
gold Exchange Traded Funds (ETF) and units of gold Mutual Funds
• Any other nefarious activities
I further agree, confirm and undertake that the purpose of use of funds under the facility shall not be
changedin any manner during the tenor of the facility or that such change in purpose shall take place
only with the prior written permission of AXIS Bank. I agree that any breach or default in complying
Borrower Signature
with all or any of the aforesaid undertaking(s) will constitute an event of default under the Facility
Agreement executed with the bank and accordingly the bank will have the right to initiate appropriate
recovery proceedings for recovering the outstanding dues in the loan account.
Thanking You
Yours Sincerely,
X
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DISBURSAL ADVICE
Date :
Borrower Signature
To,
The Manager,
AXIS BANK LTD,
___________________________________
___________________________________
X
Dear Sir/Madam,
Transfer :
To my account number ______________________________________________________________
Borrower Signature
DD :
DD favoring _____________________________________________________________
Payable at _____________________________________________________________
NEFT/RTGS :
X
Beneficiary Name ______________________________________________________________
IFSC Code ______________________________________________________________
Account Number ______________________________________________________________
Bank Name ______________________________________________________________
Bank Branch ______________________________________________________________
Max Life Insurance A/c No ______________________________________ Amount _______________
I/We hereby agree and confirm that the subsequent withdrawal shall be done in the said facility account post
receipt of cheque book.
Borrower Signature
Thanking You,
Yours Truly
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STANDING INSTRUCTION
Borrower Signature
Date : _____________
X
From:
(Borrower/s Name & Address)
To,
The Manager,
Axis Bank Ltd.
Borrower Signature
Dear Sir,
This is with reference to above mentioned Overdraft facility of Rs. ___________________(Rupees
________________________________________________________) sanctioned and disbursed to
me/us by Axis Bank Ltd., at my/our request.
X
I/We are aware that we need to service monthly interest in the account, which is levied based on the
utilisation of the funds.
I/We authorize you to debit the monthly Interest amount, due in my facility account every month on
____________ or thereafter, from my current account no. ___________________________________
with your Bank.
This instruction is irrevocable till the continuation of the facility.
Thanking You,
Borrower Signature
Yours Truly,
Borrower Name
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AUTHORITY LETTER FOR EXECUTION OF LOAN DOCUMENTS AND MODE OF
OPERATIONS IN CASE OF PARTNERSHIP CASES-
Dear Sir,
We have read and understood all the terms and conditions of your financing scheme as stated in the Facility documents and the
same are known and acceptable to us and all acts done and any documents executed by any of the authorised partner/s in
connection with obtaining the said facility shall be binding on the firm and each of the partners as if done / executed by us. In the
event of dissolution of our firm, we shall be jointly and severally liable.
We further confirm to Axis Bank Ltd. that we are the only partners of the firm and the firm is unregistered /duly registered under
the Indian Partnership Act, 1932. We shall advice Axis Bank Ltd. in writing of any changes, which may take place in the
partnership.
We hereby authorise below mentioned authorized signatory/ies / Partners jointly and/or severely for operating the Proposed
account of the firm to honourcheques, bills of exchange ,and promissory notes drawn , accepted or made on behalf of the
company to do the business transactions (whose specimen signature/s is/are set out further below herein) :-
Thanking You,
Yours faithfully,
For___________________________________
(to be signed by all partners)
2.
3.
4.
43
PARTNERHSIP LETTER
To,
Axis Bank Limited
________________
_________________
Dear Sirs,
We the undersigned –
1
2
3
4
Request you to take notice that we are trading in partnership under the name and style of
M/s.______________________________________________________________________ a Partnership firm,
having its office/place of business at __________________________________________________________, that
our firm has been established under the provisions of the Indian Partnership Act and further request that all
transactions entered into with you by all or any one or more of us and all obligations incurred by all or any one or more
of us whether under the signature of the firm or subscribed by the individual signature of the person or persons
entering upon the transaction or incurring the obligation, with or without co-obligants may be regarded by you as
entered into and incurred for and on behalf of all of us jointly and severally and also on behalf of all of us jointly or
severally and also the assets of the firm shall be liable for the amount due to the bank. We also request you to take
notice that every one of us is authorized to draw, execute, endorse/accept and negotiate cheques, promissory notes,
hundies, bills and other negotiable instruments on behalf of all of us and our firm and we also request you to take notice
that our liability of the liability of our firm to you as aforesaid shall not in any way be affected even if any third party
joins in the transaction as co-obligant. We further hereby intimate to you that as per an agreement between the AXIS
Bank Ltd on the one part and ourselves on the other part to be estate whether joint or separate and person of each and
every one of us is liable to you in respect of all or any of the aforesaid transactions or obligations. The retiring partner
shall be liable to issue notice to you regarding retirement in the manner required under Section 32 of the Partnership
Act and such retiring partner/s shall be liable and continue to be liable to you for any act done by any of the partners
until public notice is given of the retirement as aforesaid.
Further in the matter of making payment towards the liability arising in the account or acknowledging the liability of
any part therefore as and when called upon by the bank to do so for the specific purpose saving limitation we declare
that the payments or acknowledgement/s make or given by any one or more of us shall be binding on all of us
jointlyand or severally and that the said payment/s and acknowledgement/s so made given by one or more of
us shall save limitation against all of us jointly and or several for the purpose of Law of Limitation, as such
acknowledgement/s of debt and or payment/s shall be taken as given and made as agent/s of the other or
other partners.
We also confirm that the partnership deed/ reconstituted partnership deed executed on _______________
(Latest date of partnership deed) is valid and that there are no subsequent modifications to the above
mentioned deed.
This letter shall operate and be effective notwithstanding any provision in our deed of partnership, which
may conflict with any of the other terms herein.
Yours faithfully,
I)
II)
III)
(Signature of the Partners)
* Not to be sealed
Place :
Date :
44
BOARD RESOLUTION
“RESOLVED THAT the approval of the Board be and is hereby given to the Company to avail financial assistance
from AXIS Bank, ________________________Branch for the amount not exceeding in the aggregate, Rupees
_______________________________________________________, in terms of the Bank's sanction letter no.
_________________________ dated _____________, as placed before the Board.”
“FURTHER RESOLVED THAT the said financial facility be and is hereby availed in the form and manner as detailed
hereunder:
(please give all details of facilities availed and the amounts)”
“FURTHER RESOLVED THAT the approval of the Board be and is hereby given to provide/furnish such security to
the Bank for availing the said facility as may be required by the Bank on all the movable and immovable properties of
the Company ”
“FURTHER RESOLVED THAT Mr______________________________________________ Director,
Mr_________________________________ Director, and Mr_________________________________ (give
designation if a senior official other than a director) be and are hereby jointly and severally authorised to sign, execute
and deliver all the documents including title deeds to the property of the Company as may be necessary for the proper
availing of the said facility and as may be required by the Bank and further to furnish, sign, execute and deliver such
indemnities and/or declarations and/or affidavits on behalf of the Company in favour of the Bank as may be required
by the Bank in any matter related hereto and generally to do all such acts and deeds as may be necessary for the
availing the said financial facility and for all matters connected therewith and/or incidental thereto, including
delegating the powers to execute documents by way of a Power of Attorney, if necessary.”
"FURTHER RESOLVED THAT the following are the authorized signatory/ies jointly and/or severely for operating
the Proposed account for the company to honour cheques, bills of exchange ,and promissory notes drawn , accepted
or made on behalf of the company to do the business transactions:-
1. Mr./Mrs./Ms
2. Mr./Mrs./Ms
3. Mr./Mrs./Ms
“FURTHER RESOLVED THAT the approval of the Board be and is hereby given to affix the common seal of the
Company on any or all documents in terms of the Articles of Association of the Company, as may be required by the
Bank.”
45
FORMAT RESOLUTION FOR TRUST/SOCIETY
ABSTRACT OF CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF TRUSTEES/
SOCIETY OF ____________________________AT THE MEETING HELD ON ____________.
Members Present
1.
2.
3.
4.
5.
6.
The secretary informed the members that the trust /society had approached AXIS Bank ________________________
Branch for availing financial assistance by way of _________________________. The secretary further informed that the
Bank had agreed to sanction the said financial facilities vide its sanction letter no. _______________________ dated
________. The sanction letter is placed before the members for their consideration. After discussions, the Board then passed
the following resolution -
“RESOLVED THAT the approval of the trustee/ be and is hereby given to the trust/society to avail financial assistance from
AXIS Bank, ________________________Branch for the amount not exceeding in the aggregate, Rupees
___________________________________________________, in terms of the Bank's sanction letter no.
_________________________ dated _____________, as placed before the Board.”
“FURTHER RESOLVED THAT the said financial facility be and is hereby availed in the form and manner as detailed
hereunder:
Facility Amount
“FURTHER RESOLVED THAT the approval of the members of the trust/executive committee be and is hereby given
to provide/furnish such security to the Bank for availing the said facility as may be required by the Bank on all the movable
and immovable properties of the Company ”
"FURTHER RESOLVED THAT the following are the authorized signatory/ies jointly and/or severely for operating the
Proposed account for the company to honour cheques, bills of exchange ,and promissory notes drawn , accepted or made
on behalf of the company to do the business transactions:-
1. Mr./Mrs./Ms
2. Mr./Mrs./Ms
3. Mr./Mrs./Ms
“FURTHER RESOLVED THAT Mr______________________________________________ ,
Mr_________________________________________ trustees/members of the executive committee , and
Mr_________________________________ be and are hereby jointly and severally authorised to sign, execute and deliver
all the documents including title deeds to the property of the trust/society as may be necessary for the proper availing of the
said facility and as may be required by the Bank and further to furnish, sign, execute and deliver such indemnities and/or
declarations and/or affidavits on behalf of the trust/society in favour of the Bank as may be required by the Bank in any matter
related hereto and generally to do all such acts and deeds as may be necessary for the availing the said financial facility and for
all matters connected therewith and/or incidental thereto, including delegating the powers to execute documents by way of a
Power of Attorney, if necessary.”
“FURTHER RESOLVED THAT Shri/Smt. _____________________, Shri/Smt. _________________(names of
Guarantors/Third party security providers) be and are hereby requested to provide their personal/corporate guarantees to
secure the said facility and/or to create hypothecation/mortgage over their assets as stipulated in the sanction letter of the
Bank.”
“FURTHER RESOLVED THAT a Certified True Copy Of this Resolution be furnished to the Bank and/or such
persons/entities as may be deemed fit by Mr____________________________________________, and/or
Mr_____________________________________.”
CERTIFIED TRUE COPY
For _______________________________
Secretary 46
Name of the Branch: ____________________
SIGNATURE CARD
Solid I D ______________
I certify that the following persons are the Authorised Signatories including Addition / Deletion of signatures
I confirm that the following Signature of the Authorised Signatories are obtained in my presence.
ACCOUNT NO.
Mode of Operations
For SBB Products
Self Any one Partner Others
Date: …………………
Branch Seal/ Round Seal
47
NOTE:
Relation Type
A - Authorised Signatory
C - Co applicant
D – DSA
G – Guarantor
H -Legal Heir
J -Joint Holder
L - Letter of Authority
M – Main
O - Others
P - Power of Authority
S - Portfolio statement
MODE OF OPERATION
FORMER OR SURVIVOR LEFT THUMB IMPRESSION REFER SIGNATURE CARD
JOINTLY OR SURVIVORS PARDANASHIN SELF/AUTH. LETTER HOLDER
ANYONE SINGLE OR SURVIVOR MINOR > 13 YEARS ANY TWO PARTNERS JOINTLY
ANY TWO JOINTLY MINOR OPERATED BY GUARDIN ANY ONE DIRECTOR
ANY THREE JOINTLY MINIR&GUR;OPER BY GUARDIN ANY TWO DIRECTORS JOINTLY
ALL JOINTLY LATTER OR SURVIVOR KARTA
FIRST ONLY POWER OF ATTORNEY HOLDER ANY ONE AUTHORISED SIGNATORY
FIRST TWO JOINTLY AS AUTH.BY BOARD RESOLUTN KARTHA OR CO-PARTNER.
FIRST THREE JOINTLY IST 4 SINGLY REST JOINTLY NON-OPERATIVE, COLLECTION ACCOUNT
AUTH SIGNAT ONE OR ALL JOINTLY OR SEVERALLY BY MANAGING PARTNER ONLY
FORMER OR ANY TWO JOINTLY ANYONE OF FIRST TWO BY MANAGING TRUSTEE ONLY
RA/SBB/PDOC/WC/Jan 2021
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