Shortfall / Unsecured Loans Undertaking: Draft For Discussion Purposes Only August07-VI
Shortfall / Unsecured Loans Undertaking: Draft For Discussion Purposes Only August07-VI
Shortfall / Unsecured Loans Undertaking: Draft For Discussion Purposes Only August07-VI
August07-VI
SHORTFALL / UNSECURED LOANS UNDERTAKING
To:
<Names and addresses of the lenders>
Dear Sirs :
In consideration of your having agreed to grant to
1
[] the !"orro#er$% #hich
e&'ression shall% unless it (e re'ugnant to the su()ect or conte&t thereof% include its
successors% 'ermitted assigns% heirs% legal re'resentatives% e&ecutors and administrators%
as the case may (e*% the financial assistance (y #ay of ru'ee term loan not e&ceeding in
the aggregate +s, [] lacs the !-acility.* in terms of the -acility /greement dated the []
day of []% T#o Thousand and [] the !-acility /greement.% #hich e&'ression shall
include all amendments made thereto from time to time* entered into (et#een the
"orro#er and yourselves%
0
I 1 #e% []% the directors 1 'romoters 1 'artners 1 mem(ers of
the "orro#er% do here(y% in 'ursuance of the
2
-acility /greement%
3
)ointly and severally%
underta4e to you that :
5
a* if there is any shortfall in the resources of the "orro#er for com'leting its 'ro)ect
and1or for meeting #or4ing ca'ital re6uirements due to any circumstances #hatsoever
either at the time of starting of the 'ro)ect or su(se6uently%
7
I 1 #e shall ma4e
arrangements satisfactory to you to 'rovide to the "orro#er in those events and #hen
called u'on (y you such additional funds as may (e re6uired to com'lete its 'ro)ect
1
co'y descri'tion of the "orro#er from facility agreement
0
delete #hichever is not a''lica(le
2
delete #hichever is not a''lica(le
3
delete if only 'erson is furnishing this underta4ing
5
a''lica(le only #hen shortfall underta4ing is (eing furnished
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delete #hichever is not a''lica(le
8age 1 of 2
DRAFT FOR DISCUSSION PURPOSES ONLY
August07-VI
and1or #or4ing ca'ital re6uirements9 the additional funds as and #hen 'rovided (y
:
me 1
us shall (e in the form and manner and on such terms as may (e re6uired (y you9
;+
<
a*
=
I1>e shall (ring in1'rovide +s, [] lacs as and (y #ay of unsecured loans1 de'osits
on or (efore
1?
[] to the "orro#er,
(*
11
I1>e shall not demand or #ithdra# funds (rought in (y
10
me1us (y #ay of
unsecured loans 1 de'osits or any 'art thereof nor shall the "orro#er re'ay such funds or
any 'art thereof so long as any moneys remain due (y the "orro#er to you under the
-acility /greement and1or the other transaction documents or till the 'ro)ect is duly
com'leted% #hichever is later% #ithout your 'rior #ritten a''roval, The unsecured
loans 1 de'osits (rought in (y
12
me 1 us shall not involve any charge or lien on or other
interest in the assets of the "orro#er,
13
I1>e agree if a dis'ute arises #hether the 'ro)ect is duly com'leted or not% your
decision shall (e final and (inding on
15
me1us,
17
I1>e note that such unsecured loans1de'osits shall carry interest as may (e agreed to (y
you,
1:
I1>e further agree that the "orro#er shall not 'ay any interest on such unsecured
loans 1 de'osits if% at the time of such 'ayment% there is a default in the 'ayment of
installments of 'rinci'al and1or interest and1or any other amounts due and o#ing (y the
"orro#er to you under the -acility /greement and1or the other transaction documents,
@ours faithfully%
1,
1<
0,
Aonfirmation from the "orro#er:
:
delete #hichever is not a''lica(le
<
a''lica(le only #hen unsecured loans underta4ing is (eing furnished
=
delete #hichever is not a'ca(le
1?
'lease incor'orate date as 'er the terms of sanction
11
delete #hichever is not a''lica(le
10
delete #hichever is not a''lica(le
12
delete #hichever is not a''lica(le
13
delete #hichever is not a''lica(le
15
delete #hichever is not a''lica(le
17
delete #hichever is not a''lica(le
1:
delete #hichever is not a''lica(le
1<
'romoters 1 directors 1 mem(ers 1 'artners of the "orro#er
8age 0 of 2
DRAFT FOR DISCUSSION PURPOSES ONLY
August07-VI
1=
I1>e note the a(ove and agree and confirm that
0?
I1>e shall not re'ay to the a(ove
mentioned 'ersons 1 'romoters 1 directors 1 mem(ers 1 any 'artners the unsecured loans 1
de'osits or any 'art thereof #hen received (y
01
me1us so long as any moneys remain due
(y
00
me1us to you under the -acility /greement or till our 'ro)ect is duly com'leted%
#hichever is later% #ithout your 'rior #ritten a''roval,
02
I1>e shall 'ay such interest on the said unsecured loans1de'osits as may (e agreed to
(y you,
03
I1 >e agree not to 'ay any interest on the said unsecured loans1de'osits if at
the time of such 'ayment there is a default in the 'ayment of installments of 'rinci'al
and1or interest and1or any other amounts due and o#ing (y
05
me1us to you under the
-acility /greement and1or the other transaction documents,
-or
07
BBBBBBBBBBBBBBBBBBBBBBBBBBBB
Signature*
Dated this [] day of []% 0??[]
1=
delete #hichever is not a''lica(le
0?
delete #hichever is not a''lica(le
01
delete #hichever is not a''lica(le
00
delete #hichever is not a''lica(le
02
delete #hichever is not a''lica(le
03
delete #hichever is not a''lica(le
05
delete #hichever is not a''lica(le
07
co'y descri'tion of the "orro#er from facility agreement
8age 2 of 2