Transcription

DBS Mortgage LoansMy Agreement

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DBS Mortgage Loan AgreementName of the Borrower:Loan Account Number :INDEXSchedule I-DETAILS OF PARTIESSchedule II-(A) DESCRIPTION OF THE SECURITY BEING OFFERED(B) PURPOSE FOR WHICH LOAN IS BEING / HAS BEEN GRANTEDSchedule III-ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO NRIs AND PIOSchedule IV-ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO FLEXIFACILITYSchedule V-CONDITIONS PRECEDENT AND CONDITIONS SUBSEQUENTSchedule VI-KEY FACT STATEMENTSchedule VII-ADDITIONAL TERMS APPLICABLE TO LOANS FOR PURCHASINGUNDER-CONSTRUCTION PROPERTY/INTEREST SERVICING LOANSSchedule VIII-ADDITIONAL TERMS AND CONDITIONS APPLICABLE TOLOAN AGAINST PROPERTY FACILITYPage 3 of 36V 13.0

LOAN AGREEMENTThis Agreement (“Agreement”) is made at the place and on the date specified in Schedule I to this Agreement between:1.DBS Bank India Limited, a company incorporated under the Companies Act, 2013 having it registered office atGF: Nos 11 & 12 & FF Nos. 110 to 115 Capital Point, BKS Marg, Connaught Place, Delhi 110001 and its Corporateaddress at first Floor, Express Towers, Nariman Point, Mumbai 400021. (as mentioned in Schedule I) (the “Lender”,which expression, shall unless it be repugnant to the context or meaning thereof, mean and include its successorsand assigns);AND2.The person(s) specified as the borrower(s) in Schedule I of this Agreement (the “Borrower”).The expression ‘Borrower’, unless it be repugnant to the context or meaning thereof, shall mean and include theBorrower’s legal heirs, administrators and executors. In case of more than one ‘Borrower’ it shall mean and includeco-borrower, as mentioned in the Schedule I hereto.1.DEFINITIONS AND INTERPRETATION1.1.DEFINITIONSIn this Agreement, unless there is anything in the subject or context inconsistent therewith, the capitalised termslisted below shall have the following meanings:In this Agreement:“Agreement” means this agreement including Schedules written hereunder and any amendment hereto.“Applicable Law” shall mean and include all applicable statutes, enactments or acts of any legislative body in India,laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders ofany governmental authority and any modifications or re-enactments thereof.“Application Form” shall mean the application in the form prescribed by the Lender, submitted by the Borrower tothe Lender for applying and availing of the Loan for the Purpose.“Availability Period” shall mean the period within which the Borrower shall be required to drawdown the LoanAmount in full, as more particularly set out in Schedule I which may be varied by the Lender, in its sole discretion, inwriting.Page 4 of 36V 13.0

“Business Day” shall mean any day of the week (excluding Sundays and any day which is a public holiday for thepurpose of Section 25 of the Negotiable Instruments Act, 1881 (26 of 1881) on which banks are open for generalbanking business in the place in India where the branch / office of the Lender is situated and “Business Days” shallbe construed accordingly.“Credit Information Company” shall mean a company which has been granted a certificate of registration inaccordance with Section 5 of the Credit Information Companies (Regulation) Act, 2005.“Date of Disbursement” shall mean any day during the Availability Period, on which pursuant to the request of theBorrower, the Loan Amount or any part thereof may be disbursed by the Lender subject to fulfilment of terms andconditions of this Agreement.“DBS Group” shall mean DBS Bank India Limited and its subsidiaries.“Default Interest” shall have the meaning assigned to such term in Clause 4.5 (a) of this Agreement.“Due Date(s)” shall mean (a) the relevant date(s) on which any amounts in respect of the Borrower’s dues includingthe principal amounts of the Loan, interest and/or any other monies, fall due as specified in the RepaymentSchedule, or (b) in case no specific date is mentioned, forthwith upon accrual/incurring, or such earlier dates as maybe specified by the Lender.“ECS” shall mean the electronic clearing services, notified by the RBI from time to time, being mode(s) of electronicfunds transfer from one bank account to another bank account using the services of a clearing house or any otherplatform or mechanism duly authorized in this regard including without limitation the National Automated ClearingHouse (NACH) operated by National Payments Corporation of India.“ECS Mandate” shall mean the mandate required to be provided by the Borrower to the Lender to enable the Lenderto afford credit to its accounts through ECS.“Equated Monthly Instalments (EMIs)” shall mean the amounts required to be paid by the Borrower to the Lenderto repay the Loan Amount and Interest accrued on the Outstanding Balance in accordance with the RepaymentSchedule.“Event of Default” shall have the meaning prescribed to the term in Clause 11.1 of this Agreement.“Financial Year” shall mean the 12 months period commencing from April 1 of a year and ending on March 31 of thesubsequent calendar year.“Flexi Facility” shall mean the Loan together with the Flexi Account facility when the Flexi Account facility is grantedby the Lender at its discretion.“Flexi Account” shall mean the Flexi Account as defined in Schedule IV hereto.“Guarantor” shall mean the person(s) (if any) who have issued/may be required to issue, guarantee(s) in favour ofthe Lender, for guaranteeing the Borrower’s obligations to the Lender in relation to the Loan.“Interest” shall mean the interest payable by the Borrower to the Lender on the Outstanding Balance in accordancewith the terms of this Agreement.“Interest Rate” shall mean the percentage floating interest rate per annum calculated by aggregating the spreadspecified by the Lender and the RBI Policy Repo Rate as applicable in accordance with the External BenchmarkBased Lending Guidelines issued by RBI from time to time, on the basis of which the Interest is payable monthly bythe Borrower on the Outstanding Balances, the details of which are more particularly provided for in Schedule I.“LAP Loan” means the loan against property, which has been agreed to be granted by the Lender to the Borrowerupon the terms and conditions specified in Schedule VIII of this Agreement.“Loan” shall mean either the housing loan facility or the LAP Loan, which has been agreed to be granted by theLender to the Borrower upon the terms and conditions specified in this Agreement.“Loan Amount” shall mean the principal amount of the Loan disbursed to the Borrower as more particularlymentioned in Schedule I.“External Benchmark Based Lending Guidelines” shall mean the Master Direction – Interest Rates on Advancesbearing RBI/DBR/2015-16/20 dated 3 March 2016 and updated as on 4th September 2019, as may be amended,replaced or modified, from time to time.“Non-Resident Indian” or “NRI” means a ‘Person resident outside India’ as defined in the Foreign ExchangeManagement Act, 1999 and who is an Indian citizen to whom a Loan is extended in accordance with this Agreementand specifically on the terms specified in Schedule III.“Outstanding Balance” shall mean, at any given time, the aggregate of the outstanding Loan Amount whether dueor not, Interest due, Default Interest and other charges which are payable by the Borrower to the Lender inaccordance with this Agreement, including without limitation wherever the Flexi Account facility is granted by theLender, any and all amounts due and/or payable by the Borrower in relation to the Flexi Account facility.Page 5 of 36V 13.0

“Owner(s)” shall mean the Borrower(s) and co-borrower(s) who are owners of the Property or who are sanctionedthe Loan for purchase of the Property, as the case may be and mentioned as ‘Owner(s)’ in Schedule I.“Person of Indian Origin” or “PIO” means the person resident outside India who is a citizen of any country otherthan Bangladesh or Pakistan or such other country as may be specified by the Central Government, satisfying thefollowing conditions:(a) who was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955); or(b) who belonged to a territory that became part of India after the 15th of August 1947;(c) who is a child or a grandchild or a great grandchild of a citizen of India or of a person referred to in clause (a)or (b); or(d) who is a spouse of foreign origin of a citizen of India or spouse of foreign origin of a person referred to inclause (a) or (b) or (c).and includes an ‘Overseas Citizen of India’ cardholder within the meaning of Section 7(A) of the CitizenshipAct, 1955.“Prepayment” shall mean repayment of the Outstanding Balance, or any part thereof by the Borrower, prior to therelevant Due Date as more particularly provided for in Clause 5 (Prepayment and Foreclosure) of this Agreement.“Pre-Equated Monthly Instalments” or “Pre-EMIs” or “PEMIs” shall mean any amount of Interest which ispayable by the Borrower for a period commencing from the first Date of Disbursement up to the Pre-EMI End Date,as more particularly provided for in Schedule VII (Additional Terms Applicable to Loans For Purchasing UnderConstruction Property/Interest Servicing Loans) of this Agreement.“Pre-EMI End Date” shall mean the earlier of: (a) the date of the last Pre-EMIs as per Schedule I; (b) the last Date ofDisbursement; or (c) the Property under-construction being ready for possession, or such other date as may bespecified by the Lender in writing, from which date the Interest accrued from time to time shall be payable as part ofthe EMIs.“Property” shall mean the property for the purchase of which the Loan has been availed of by the Borrower, as moreparticularly described in Schedule II.“Purchase Price” means the purchase price of the Property which is recorded as the purchase price of the Propertyin the sale deed/agreement to sell/allotment letter pertaining to the Property, including such ancillaries as arepermitted to be funded by way of housing/home loans in accordance with relevant RBI regulations and ApplicableLaw from time to time, but exclusive of any discount, rebate or any other benefit from the vendor of the Property orany other person by arrangement with the said vendor, and (b)any legal / documentation fees, stamp duty orregistration costs.“Repayment Schedule” shall mean the dates on which repayment of the principal of the Loan with Interest is to bemade by the Borrower. The Repayment Schedule shall be provided by the Lender to the Borrower prior to the firstDue Date, which Repayment Schedule may be amended and modified by the Lender, in its sole discretion, from timeto time.“RBI” shall mean the Reserve Bank of India.“RBI Policy Repo Rate” shall mean the rate at which RBI lends money to commercial banks in India and publishedby RBI from time to time.“Sanction Letter” shall mean the letter issued by the Lender to the Borrower, sanctioning the Loan and/or letter(s)as may be issued by the Lender from time to time to the Borrower for any other purposes in accordance with thisAgreement including for any switch or conversion, as the case may be, relating to the Interest Rate or from/to FlexiAccount facility.“Secured Assets” shall mean the property(ies) and asset(s) over which Security is created by the Borrower as moreparticularly provided for in Clause 7.1 (Security and Right of Set-Off) of this Agreement.“Secured Obligations” shall mean all the obligations of Borrower to the Lender pursuant to the terms of thisAgreement, the Security Documents and other related documents/agreements including for due payment andrepayment of all amounts by Borrower to the Lender in relation to the Loan and/or pursuant to the terms of theSecurity Documents and other related documents/agreements, including without limitation:(a) Outstanding Balance and interest accrued;(b) expenses, costs and fees of any agents, professionals, trustees, valuers appointed by the Lender; and(c) all other amounts mentioned in the Schedule of Charges shared by the Lender to the Borrower.“Security” shall have the meaning assigned to such term in Clause 7.1 (Security and Right of Set-Off) below.“Schedule of Charges” means a schedule of charges provided by the Lender to the Borrower which shall includethe processing fees, annual fees, charges payable on account of delay in payments and defaults, fees such asswitch fees, conversion fees, re-pricing fees, part payment fees, foreclosure charges any other fees and chargesthat may be included by the Lender and to be paid by the Borrower.Page 6 of 36V 13.0

“Standing Instruction” shall mean the irrevocable instructions, in writing, which shall be issued by the Borrower tothe Lender, with which it has an account for payment of an amount equal to the EMIs.1.2.INTERPRETATIONIn this Agreement, unless the context otherwise requires:(i)the singular includes the plural and vice versa;(ii)reference to any gender includes other genders;(iii)reference to an Article, Schedule, Annexure or Recital is a reference to an Article, Schedule, Annexure orRecital of this Agreement which shall be read in conjunction with this Agreement;(iv)reference to any agreement is a reference to that agreement and all exhibits, schedules, appendicesannexed to it, as amended, modified, supplemented, varied, substituted, replaced, renewed or extendedfrom time to time;(v)reference to statutes shall be construed as including all statutory provisions consolidating, amending,modifying, supplementing or replacing the statutes;(vi)the terms “include” and “including” shall be deemed to include the words “without limitation”; and(vii) The Sanction Letter shall be deemed to constitute an integral part of this Agreement. However, it is herebyclarified that in case of any inconsistency between the provisions of this Agreement and the provisions ofthe Sanction Letter, the provisions of this Agreement shall prevail, to the extent of such inconsistency.(viii) In the event of execution of this Agreement in state of Maharashtra then the Parties hereby designate theMemorandum of Deposit of Title Deeds as the Principal Agreement under Section 4 of Maharashtra StampAct 1958.2.THE LOAN2.1.At the request of the Borrower, the Lender hereby agrees to provide to the Borrower the Loan not exceeding theaggregate amount specified in Schedule I, upon the terms and conditions set out in this Agreement, the ApplicationForm and the Sanction Letter.2.2.Subject to the fulfilment under the provisions of Clause 3 (Conditions Precedent and Conditions Subsequent), theLoan Amount shall be disbursed upon the receipt of the disbursement request by the Borrower within the AvailabilityPeriod or in such other manner as the Lender, in its sole discretion, may deem fit.2.3.Any amount under the Loan may be provided to the Borrower, or directly to the eller of the Property or any other Person, as the Lender may in its sole discretion deem fit. Incase the Loan is being availed by the Borrower in replacement/switchover of a previous housing loan availed of bythe Borrower from another bank/financial institution, the Loan Amount may be disbursed to the Borrower, or directlyto such other bank/financial institution or any other Person, as the Lender may in its sole discretion deem fit.2.4.In case the Borrower does not draw down the entire Loan Amount within the Availability Period, the Borrower shall notbe entitled to drawdown of any part of the undisbursed Loan, except with the prior written consent of the Lender, andthe Lender may in its discretion consider such part of the undrawn Loan as cancelled. In case of a cancellation, theBorrower, shall be required to pay the cancellation charges to the Lender at the rate specified in the Application Formor such other rate as may be stipulated by the Lender from time to time.2.5.Any part of the Loan once disbursed by the Lender and repaid/prepaid by the Borrower will not be available fordrawdown again, save and except in case of a Flexi Facility.2.6.The Borrower hereby agrees and undertakes that the Loan shall be utilised by the Borrower only for the Purpose. TheBorrower further agrees and undertakes that the Loan shall not be used by the Borrower for contributing to the capitalof a partnership, any speculative, anti social, illegal or unproductive purposes or for the purpose of investment orpurchase of gold in any form, including primary gold, gold bullion, gold jewellery, gold coins, units of gold ETF andunits of gold mutual fund.2.7.The Borrower agrees that Lender shall not be liable to disburse any amount beyond the Loan Amount sanctioned bythe Lender. The Borrower further agrees that the payment of any amount (beyond the Loan Amount) towards thepurchase of the Property or other expenses or monies shall be made by the Borrower from his/their ownfunds/genuine sources including without limitation, towards the Purchase Price of the Property and other costs andexpenses incurred by the Borrower.3.CONDITIONS PRECEDENT AND CONDITIONS SUBSEQUENT3.1.The Loan may be disbursed by the Lender to the Borrower, in one or more tranches and subject to the terms ofClause 2 (the Loan), upon fulfilment of the conditions precedent set out in Schedule V (Conditions Precedent andConditions Subsequent), which conditions must be complied with by the Borrower, prior to the first Date ofDisbursement (“Conditions Precedent”). It is hereby clarified that the Lender shall not be required to disburse anypart of the Loan, unless the Borrower has complied with each of the Conditions Precedent (to the extent notexpressly waived in writing by the Lender) and the Lender has received all of the documents and other evidences inrelation to the fulfilment of the Conditions Precedent listed in Schedule V.Page 7 of 36V 13.0

3.2.Conditions SubsequentThe Borrower shall be obliged to complete the conditions subsequent set out in Schedule V (Conditions Precedentand Conditions Subsequent) within the timelines provided to the satisfaction of the Lender (“ConditionsSubsequent”).4.PAYMENTS, INTEREST, FEES AND OTHER CHARGES4.1.The Borrower agrees and undertakes that until the date of repayment of the entire amounts due and payable underthe Loan, the Borrower shall pay Interest on the entire Outstanding Balance, at the Interest Rate, on a monthly basis,which shall comprise part of the EMIs or PEMIs, as the case may be, which Interest shall be calculated based on theactual number of days passed, with monthly rests and be compounded on a monthly basis, based on a 365 day yearor such other basis as the Lender may determine from time to time. Provided that the interest payable by theBorrower shall be subject to the changes in RBI Policy Repo Rate published by the RBI from time to time.4.2.The Lender shall be entitled to re-compute and/or modify the amounts constituting the EMI(s) and the dates forpayment by the Borrower on the occurrence of any event which in the opinion of the Lender necessitates are-computation/ modification of the same. In the event of any such modification, the Borrower hereby agrees andundertakes to issue fresh Payment Instruments as the Lender may require. The Borrower hereby agrees andconfirms that in order to work out suitable EMIs to be paid by the Borrower towards repayment/ payment of the Loanand interest, the Lender has adopted a reasonable and proper basis and the Borrower agrees to pay the EMIscalculated and stipulated in the Schedule of Charges. The Borrower understands that strict compliance with theRepayment Schedule and the Schedule of Charges is an essential condition for the grant of the Loan.4.3.The Lender hereby confirms that any change in the Interest Rate payable by the Borrower shall be informed to theBorrower in advance in a manner as the Lender may deem fit in accordance with Applicable Law and the Borroweragrees that the Borrower shall have no objection to any such revision in Interest Rate. The revised Interest Rate shallapply from the date of such revision and the Borrower shall be required to pay interest at the revised Interest Rateuntil such time the Interest Rate is revised again in terms of the applicable Guidelines.4.4.The Borrower shall be required to make payment/repayment of the Loan Amount on the dates mentioned in theRepayment Schedule, applicable from time to time. The Loan Amount shall be paid by the Borrower, together withInterest accrued, as provided for in Clause 4.1 and Default Interest, if any, accrued thereon, which shall comprise ofpart of the EMIs and all additional charges and amounts payable, which may be required to be paid by the Borrowerand shall be communicated by the Lender under the Schedule of Charges.4.5.DEFAULT INTEREST(a) In the event of occurrence of any Event of Default, the Borrower agrees to pay to the Lender interest on the totalOutstanding Balance, at the rate mentioned in Schedule I (“Default Interest”) over and above the applicableInterest Rate.(b) Default interest shall be calculated daily based on the actual number of days in the year. Without prejudice to theforegoing, if the Lender recalls the Loan or any part of it, the Borrower shall have to pay Default Interest on theOutstanding Balance due and owing to the Lender from the date of recall until the date of receipt of full paymentby the Lender.Provided that nothing contained in this Clause 4.5 shall affect or prejudice the right of the Lender to declare anEvent of Default and exercise the rights vested in it under of this Agreement.4.6.In the event that any payment which is required to be made under the Standing Instruction, the ECS Mandate or anyother Payment Method is not made, on the relevant Due Date for any reason, the Borrower shall be required to pay tothe Lender, the charges as mentioned in the Schedule of Charges. Provided that nothing contained in this Clause4.6, shall affect or prejudice the right of the Lender under this Agreement, or under Applicable Law, including withoutlimitation, any rights which may vest in the Lender, under the Payment and Settlement Systems Act, 2007.4.7.The Borrower hereby agrees and acknowledges that the Borrower, shall not be entitled to any set off, withholding ordeduction of any amount from the payment due to the Lender under this Agreement subject to the provisions ofApplicable Law.4.8.The Borrower also agrees to pay to the Lender all amounts under the Schedule of Charges which if not paid shall bepaid with any additional Default Interest from the time of such failure until the actual payment of the same. Anycharges mentioned in the Schedule of Charges (forming part of the Application Form/Sanction Letter or as may bepublished in the Lender’s website from time to time) which are/shall be payable by the Borrower in case of dishonourof any payment under any Payment Method(s) or similar events, are primarily towards the immediate part of theadministrative costs in that regard and shall be without prejudice to the rights of the Lender under the Payment andSettlement Systems Act, 2007 or any of the Lender’s rights under this Agreement, the security documents and/or anyrelated documents, and payment of such charges shall not limit the liability of the Borrower, whether civil or criminalin nature.4.9.Any dispute being raised about the computation of any EMI and/or PEMI, will not entitle the Borrower to withholdpayment of any EMI and/or PEMI or any portion of it. It is agreed and understood by the Borrower that the obligationof the Borrower to pay the EMI and/or PEMI is absolute and unconditional.4.10. Without prejudice to any of the Lender’s rights under Applicable Law or under the terms of this Agreement, InterestPage 8 of 36V 13.0

and the other amounts payable by the Borrower shall be debited from the Borrower’s Loan account on the respectiveDue Date. Such amounts debited from the Loan account shall, accordingly attract Default Interest at the ratementioned under Schedule of Charges as applicable to the Loan in terms of this Agreement from the relevant DueDate until payment being made.4.11. The Borrower agrees that the Lender shall be entitled to revise, amend and modify any of the charges payable by theBorrower, at any time during the tenor of the Loan. Upon any revision of the charges the Lender shall intimate theBorrower of the revision via any mode as Lender may deem fit in accordance with Applicable Law, and the Borrowershall be required to make payment on the basis of the revised charges, from the immediately succeeding Due Date,in relation to the Loan.4.12. The complete key fact statement/ fact sheet which includes details of the Loan is attached as Schedule VI.5.PREPAYMENT AND FORECLOSURE5.1.The Borrower shall be entitled to prepay the Loan Amount or any part of it, to the Lender, upon the fulfilment of thefollowing conditions:(a) The Borrower shall be required to intimate the Lender, in writing of its intent to prepay the OutstandingBalances or any part of it, prior to the date of the proposed prepayment of the Loan, and request the Lenderto provide a statement containing the terms and conditions of the prepayment of the Outstanding Balances,or any part of it (“Foreclosure Statement”) which shall be provided by the Lender in relation to the proposedprepayment.(b) The minimum amount of Loan which the Borrower can prepay, shall be equivalent to an amountcorresponding to 3 (three) EMI payments of the Borrower. However, the Lender may, at its discretion,revise the minimum amount which may be prepaid by the Borrower.(c) Subject to Clause 5.1(e) below and subject to Applicable Law, the Borrower shall be required to payprepayment charges as per the prepayment charges applicable at the time of such prepayment. Theprepayment amount which shall be required to be paid by the Borrower on the concerned Due Date, shallbe the amount specified by the Lender in the Foreclosure Statement, which shall be the aggregate of theLoan Amount, being prepaid, accrued Interest thereon, Default Interest (if any), if any and all otherOutstanding Balance, if any, and applicable charges which are payable by the Borrower.(d) The Lender in its sole discretion may revise applicable prepayment charges in accordance with the extantregulatory requirements. The prepayment charges applicable as on the date of this Agreement arespecified in the Application Form and are subject to revision in accordance with extant regulations.(e) Notwithstanding anything contained in this Agreement or the Application Form, no prepayment chargesshall be required to be paid by the Borrower, in the event that: (i) the Interest Rate on the Loan is in the formof Floating Interest Rate; or (ii) the Interest Rate on the Loan is in the form of Hybrid Interest Rate, uponexpiry of the fixed period during which a Fixed Interest Rate is applicable.Notwithstanding anything contained in the foregoing sentence, in the event that due to a change in Applicable Law,the Lender becomes entitled to charge prepayment charges even in such cases, then to that extent this proviso shallbe deemed to have no effect and the Lender shall be entitled to charge prepayment charges as mentioned in Clause5.1 (d) (Prepayment and Foreclosure) above, even in such cases.5.2.In the event that a Prepayment is effected by the Borrower in respect of the entire Outstanding Balance due inrespect of the Loan, in the manner and upon the terms and conditions provided for in this Clause 5 (Prepayment andForeclosure), the Borrower shall be entitled to request the Lender to release the charge created over the Propertyand any other assets constituting the Security (as defined in Clause 7). The Lender shall, except in cases where theLender has the right to retain Security as provided for in Clause 7 (Security and Right of Set-Off) below, release thecharge created over the Secured Assets, on a receipt of such request.6.PAYMENT METHODS6.1.The Borrower shall pay promptly, in full, the PEMIs (if applicable), EMIs and all other amounts payable under thisAgreement without any demur, protest or default and without claiming any set-off or counter claim, on the respectiveDue Dates on which the same are due.6.2.The Borrower/s may repay / pay each EMI and other monies in respect of the Loan through any one of the followingmodes:(a) providing ECS Mandate;(b) providing Standing Instruction; or(c) by any other method, and as has been agreed by the Borrower/s or as may be required by the Lender inaccordance with Applicable Law.(a) to (c) above collectively called “Payment Methods” and each a “Payment Method”).The Lender may, in its sole discretion, require the Borrower to adopt or switch to any alternate of mode of paymentother than the Payment Methods in accordance with Applicable Law and the Borrower shall comply with suchPage 9 of 36V 13.0

request, without demur or delay. The method for payment as agreed by the Borrower under any Payment Methodcannot be cancelled or revoked by the Borrower without prior consent of the Lender. If the Borrower cancels orrevokes (or attempts to cancel or revoke) such mandates without the prior consent of the Lender, the Lender shall beentitled to exercise its rights and remedies under Applicable Law and/or under this Agreement. In the event of anydishonour or failure in the successful execution of any payment under any of the Payment Methods, withoutprejudice to the other rights of the Lender, the Borrower shall be liable to pay to the Lender, additionalinterest/charges at the rate mentioned in this Agreement or as may be stipulated by the Lender from time to time andshall be subject Applicable Law including but not limited to the provisions of the Payment and Settlement SystemsAct, 2007. The Borrower hereby agrees to maintain sufficient funds in the account so as to ensure that no electronictransfer fails under any of the Payment Methods.6.3.The Borrower hereby agrees and undertakes that the obligation of the Borrower to

funds transfer from one bank account to another bank account using the services of a clearing house or any other platform or mechanism duly authorized in this regard including without limitation the National Automated Clearing House (NACH) operated by