Welcome Letter FAST5916267868843965 147187395678586

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RAJESH SINGH

06-05-2001

PDSXXXXX7P

xxxxxxxx3381
S O Vijay Sahani chnadbhag ward 10 For,S O Vijay Sahani chnadbhag ward 10 For

besganj Araria

School ARARIA

854333 BIHAR

825****065

sin*****************@gmail.com
MOST IMPORTANT TERMS AND CONDITIONS

THIS Most Important Terms and Conditions (hereinafter referred to as the “MITC”) is signed at the place and on the date stated in the Schedule
of this MITC by and between:

POONAWALLA FINCORP LIMITED, a company incorporated under the Companies Act, 1956 (CIN - L51504PN1978PLC209007), having its
registered office at 201 and 202,2nd Floor, AP81,Koregaon Park Annex, Mundhwa, Pune – 411036, Maharashtra (hereinafter referred to as
“Lender 1”, which expression shall unless it be repugnant to the context or meaning thereof be deemed to include its successors, transferees
and assigns) of the FIRST PART

AND

SI CREVA CAPITAL SERVICES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956/ 2013 and validly existing under
and within the meaning of the Companies Act, 2013 with corporate identification number (CIN - U65923MH2015PTC266425), registered as
an NBFC within the meaning of the Reserve Bank of India Act, 1934 and having its registered office at 10th Floor, Tower 4, Equinox Park, LBS
Marg, Kurla West, Mumbai, Maharashtra- 400070 (hereinafter referred to as the “Lender 2” or “Business Associate”, which expression shall, un-
less repugnant to the subject or context thereof, be deemed to include its successors, transferees, novates, and assigns), of the SECOND PART.

AND

BORROWER (as define below) whose name(s), address(es) and other details are mentioned in the Schedule [hereinafter referred to as the “Bor-
rower”] of the THIRD PART.

The Lender 1 and the Lender 2 are hereinafter collectively referred to as the “Lenders”. The Borrower and Lenders are hereinafter collectively
referred to as the “Parties” and individually referred to as “Party”

WHEREAS
1. The Borrower has requested the Lenders to sanction a credit facility for an aggregate amount as mentioned in the Schedule of this MITC
(“Facility”).
2. The Business Associate has been appointed in terms of this MITC for processing, servicing, and administration of the Facility to be provid-
ed by the Lenders to the Borrower and to act on behalf of the Lenders.
3. The Borrower has further assured that the Facility would be utilized only for the Purpose (defined below) and repaid as per terms con-
tained in the Schedule.
4. At the request of the Borrower and relying upon the correctness of the information provided and on reliance of the representations and
the assurances given by the Borrower, the Lenders have agreed to sanction the Facility to the Borrower, on the terms and subject to the
conditions contained herein.

NOW, THEREFORE, in consideration of the premises and mutual understanding and covenants contained in this MITC and other good and
valuable consideration (the receipt and adequacy of which is hereby mutually acknowledged), each of the Parties hereby agrees as follows:

1. DEFINITIONS AND INTERPRETATION


1.1 Definitions
Wherever used in this MITC or any Schedule hereto, unless the context otherwise requires, in addition to the terms
defined in the Recitals and in the text of this MITC, the following capitalized terms have the following meanings:
1.1.1 “Applicable Interest Rate” means the rate of interest as mentioned in the Schedule of this MITC payable by the Borrower to the Lend-
ers on the outstanding principal amount under the Facility and serviced in a manner as specified in this MITC;
1.1.2 “Application Form” means the Facility application form submitted by the Borrower to the Lenders for applying and availing the Facility,
together with all other information particulars, clarifications and declarations, if any, furnished by the Borrower or any other person
from time to time in connection with the Facility;
1.1.3 “Applicable Law” means any statute, national, state, provincial, local, municipal, or other law, treaty, code, regulation, ordinance, rule,
judgment, order, decree, bye-law, any act or enactment including but not limited to the Insolvency and Bankruptcy Code, 2016 (
“Code”), Negotiable Instruments Act, 1881 (as amended from time to time) and The Payment and Settlement Systems Act, 2007 (as
may be amended from time to time), approval of any Governmental Authority, directive, guideline, policy, requirement or other gov-
ernmental restriction or any similar form of decision of or determination by, or any interpretation or administration having the force of
law of any of the foregoing by any Governmental Authority having jurisdiction over the matter in question, whether in effect as of the
date of this MITC or at any time thereafter including all statutes, enactments, Acts, Rules, guidelines of legislature or parliament, ordi-
nances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Government, Statutory
Authority, Regulatory Authority including Reserve Bank of India (including but not limited to ‘Guidelines on Digital Lending’ dated 02
September 2022 issued by Reserve Bank of India via circular no. DOR.CRE. REC.66/21.07.001/2022-23 ), Tribunal, Board or Court in
India;
1.1.4 “Business Day” shall mean a day of the week on which the Lenders and banks are generally open for business such state or union
territory of India where the office of the Lenders, as specified in Schedule, is located;
1.1.5 “Borrower” shall mean and include (i) in case of the individual his or her heirs, executors and administrators and in case of more
than one Borrower their respective heirs executors and administrators, (ii) in case of a company incorporated under the provisions of
Companies Act, its successors in interest and permitted assigns, (iii) in case of a society registered under the applicable laws relating
to societies, its successors in interest and permitted assigns, (iv) in case of a partnership firm within the meaning of Indian Partnership
Act,1932, any of the or each of the partner or survivor/s of them and partner from time to time (both their personal capacity and as
partners of the firm) and their respective heirs, legal representatives, executors, administrators and permitted assigns, successors of
the firm, (v) in the case of proprietary concern, the proprietor(s) (both in his/her personal capacity and as proprietor/ proprietress of
the concern) and his/ her respective heirs, legal representatives, executors, administrators and permitted assigns, successors of the
concern, (vi) in the case of a HUF, the Karta of the HUF and any or each of the adult members/coparceners of the HUF and their
survivor(s) and their respective heirs, legal representatives, executors, administrators and permitted assigns, (vii) in the case of trust, the
trust /trustee/s for the time being its successors, (viii) in case of limited liability partnership incorporated under the provisions of the
Limited Partnership Act, 2008 any of the or each of the partner or survivor/s of them and partner from time to time and their respec-
tive heirs, legal representatives, executors, administrators and permitted assigns, successors of the firm;
1.1.6 “Charges” shall mean the charges which may be charged by the Lenders in relation to the Facility, including the charges provided in the
Sanction Letter cum Key Fact Statement, jointly issued by the Lenders. Any revision to the Charges in terms of this MITC shall be the
applicable Charges and shall be deemed to have been incorporated in the Sanction Letter cum Key Fact Statement , and the Sanction
Letter cum Key Fact Statement to this effect shall be deemed to have been modified;
1.1.7 “Companies Act” means individually and collectively, such relevant provisions of the Companies Act, 1956, which are still in force and
effect and those provisions of the Companies Act, 2013, which have been notified and are in full force and effect, and all amendments,
enactments, re-enactments or modifications thereof, from time to time, including the rules and regulations prescribed therein;
1.1.8 “Conditions Precedent” means the conditions as specified in Clause 3.5 of this MITC which are required to be satisfied (unless waived
in writing by the Lenders) by the Borrower before Disbursement of the Facility;
1.1.9 “Credit Information Agency” shall mean and include TransUnion CIBIL Limited, CRIF High Mark Credit Information Services Private
Limited, Equifax India and Equifax Analytics Private Limited, Experian Credit Information Company of India Private Limited or such
other company or any other agency as may be notified or recognized as such by the RBI or any other regulatory authority;
1.1.10 “Cooling off Period” or “Look-up Period” shall mean the time period as mentioned in the Sanction Letter cum Key Fact Statement.
1.1.11 “Disbursement” means the disbursement by the Lenders to the Borrower in accordance with the terms mentioned in this MITC;
1.1.12 “Due Date” means the date(s) on which any amounts in respect of the Facility including the principal, interest or other monies fall
due under the terms of this MITC and/or the other Financing Documents and/or as more particularly described under the Schedule
hereunder;
1.1.13 “Daily Penalty Charges” or “Penal charges” shall mean such charges as mentioned in the Sanction Letter cum Key Fact Statement and
also in this MITC payable by the Borrower in the event of delay/default in payment of Installment.
1.1.14 “Electronic Clearing Service” or ‘ECS’ or ‘NACH’ or ‘ENACH’ means the electronic clearing services and electronic payment services,
notified by RBI from time to time, being mode(s) of effecting payment transactions using the services of a clearing house or any other
platform or mechanism duly authorized in this regard including without limitation the National Electronic Clearing Service;
1.1.15 “One time Overdue Charge” or “Over due Charge” or “ Penal Charge” shall mean such charges as mentioned in the Sanction Letter
cum Key Fact Statement and also in this MITC payable by the Borrower in the event of delay/default in payment of Installment and the
same is payable apart from payment of applicable Penal charges
1.1.16 “Encumbrance” shall mean creation of charge, lien, security, quasi security, non-disposal arrangement, claim, option, negative lien,
power of sale in favor of a third party, retention of title, right of pre-emption, right of first refusal, lock-in of any nature including as
may be stipulated by the Securities Exchange Board of India, or other third party right or security interest or an arrangement or obliga-
tion to create any of the foregoing whether presently or in the future. The term “Encumbrancer” or “Encumbered” shall be accordingly
construed;
1.1.17 “Event of Default” shall have the meaning prescribed to it under clause 13 herein;
1.1.18 “Facility” or “Credit Facility” or “Loan” means the aggregate amount of credit facility/facilities provided under the terms of this MITC,
and any other outstanding amounts thereunder.
1.1.19 “Financing Documents” means the Application Form, this MITC, the Sanction Letter cum Key Fact Statement, and all other deeds,
instruments including security documents (if any) of any nature that have been / are to be executed between the Parties, or with any
third parties in relation to the Facility.
1.1.20 “Facility Document/s ” means this MITC, all Schedules and amendments to this MITC.
1.1.21 “Governmental Approval” shall mean any consent, approval, authorization, waiver, permit, grant, franchise, concession, license, certifi-
cate, exemption, order registration, declaration, filing, report or notice of, with or to any Governmental Authority;
1.1.22 “Governmental Authority” means any:
a. government (central, federal, state or otherwise) or sovereign state; and
b. any governmental agency, semi-governmental or judicial or quasi-judicial or administrative entity, department or authority, or
any political subdivision thereof; including, without limitation, any stock exchange or any self-regulatory organization, estab-
lished under any Applicable Law;
1.1.23 “Installments” shall mean the payment obligations of the Borrower to repay the Facility Amount and Interest accrued on the outstand-
ing Facility Amount to the Lenders, which shall be payable by the Borrower to the Lenders, at the intervals specified in the Repayment
Schedule;
1.1.24 “Interest” or “Rate of Interest” means the interest payable on the Facility at the Applicable Interest Rate, including the Pre-Installment
Interest payable by the Borrower to the Lenders at Applicable Interest Rate as specified Schedule hereunder;
1.1.25 “Market Disruption Event” shall mean happening of an event which in the opinion of the Lenders would make it unviable for the Lend-
ers to continue the Facility;
1.1.26 “Outstanding Amounts” means at any time all the amounts payable in relation to the Facility by the Borrower to the Lenders, pursuant
to the terms of the Financing Documents, including the following amounts:
a. the principal amount of the Facility and Interest thereon;
b. all outstanding’s as defined under this MITC from time to time;
c. all other moneys, debts and liabilities of the Borrower, liquidated damages, costs, Charges, expenses and fees and interest in-
curred under, arising out of or in connection with the Financing Documents;
d. any and all costs, expenses, fees and duties for the enforcement and collection of any amounts due under the Financing Docu-
ments, including expenses of enforcement and costs and other expenses set out in this MITC;
1.1.27 “Person(s)” shall mean any natural person or legal entity whether incorporated or not, limited or unlimited liability company, body
corporate, co-operative society, corporation, partnership (whether limited or unlimited), proprietorship, society, Hindu undivided family,
trust, union, association or association of persons, body of individuals, government or any agency thereof, or any other entity that may
be treated as a person under the Applicable Law;
1.1.28 “Post Date Cheque(s)” or “PDC(s)” shall mean the postdated cheque(s) issued in favor of the Lender to ensure continuity of repayment
by the Borrower under the Facility;
1.1.29 “Prepayment Statement” or “Foreclosure Statement” shall mean the statement which shall be provided by the Lenders to the Borrow-
er, on providing the written consent as per Clause 6.5 hereunder, which statement shall contain the terms and conditions of the part
prepayment/full prepayment (Foreclosure) of the Outstanding Amount by the Borrower;
1.1.30 “Purpose” shall have the meaning as specified in the Schedule of this MITC;
1.1.31 “Platform” or “DLA” shall mean Kissht Customer Application any other digital lending application or Platform which is intended to be
used for the purpose of this Co-Lending Arrangement.
1.1.32 “Receivables” shall mean the receivables as more particularly described under the Schedule to this MITC;
1.1.33 “Repayment” shall mean the repayment and/or the prepayment of the principal amount of the Facility, interest thereon, commitment
and other charges, premium, fees or other dues payable by the Borrower in accordance with this MITC. The words “Repay”, and “Re-
paid” shall be construed accordingly;
1.1.34 “Repayment Schedule” shall mean the manner in which the Repayment shall be made by the Borrower including details like due dates,
Installment amount etc. prepared in line with the details specified in the Schedule to this MITC as may be revised from time to time
and communicated to the Borrower. Any revision to the Repayment Schedule in terms of this MITC shall be the applicable Repayment
Schedule and shall be deemed to have been incorporated in the Schedule and Schedule to this effect be deemed to have been modi-
fied;
1.1.35 “Repayment Instrument(s)” or “Payment instrument(s)” shall mean repayment instructions/ instrument(s) including but not limited to
NACH, cheque, online remittance, bank transfer and/ or any other payment instrument(s) recognized under Applicable Law provided by
the Borrower towards discharge of the due payment of the Installments including any other dues arising out of this MITC;
1.1.36 “Restricted Party” means a person that is: (i) listed on, or owned or controlled by a person listed on, or acting on behalf of a person
listed on, any Sanctions List; (ii) located in, incorporated under the laws of, or owned or (directly or indirectly) controlled by, or acting
on behalf of, a person located in or organised under the laws of a country or territory that is the target of country-wide or territo-
ry-wide Sanctions; or (iii) otherwise a target of Sanctions (“target of Sanctions” signifying a person with whom a US person or other
national of a Sanctions Authority would be prohibited or restricted by law from engaging in trade, business or other activities);
1.1.37 “Sanctions” means the economic sanctions laws, regulations, embargoes or restrictive measures admin is tered, enacted or enforced
by: (i) the United States government; (ii) the United Nations; (iii) the European Union; (iv) the United Kingdom; or (v) the respective
governmental institutions and agencies of any of the foregoing, including, without limitation, the Office of Foreign Assets Control of
the US Department of Treasury (“OFAC”), the United States Department of State, and Her Majesty’s Treasury (“HMT”) or (vi) RBI or any
other Indian authority (together the “Sanctions Authorities”);
1.1.38 “Sanction Letter cum Key Fact Statement” means the sanction letter cum Key Fact Statement as mentioned in the Schedule, issued by
the Lenders and accepted by the Borrower regarding the sanction of the Facility, as may be amended, modified, varied and supple-
mented including, any subsequent sanction letter cum Key Fact Statement (s) issued by the Lenders regarding the Facility from time to
time;
1.1.39 “Sanctions List” means the “Specially Designated Nationals and Blocked Persons” list maintained by OFAC, the Consolidated List of
Financial Sanctions Targets and the Investment Ban List maintained by HMT, or any similar list maintained by, or public announcement
of Sanctions designation made by, any of the Sanctions Authorities;
1.1.40 “Security Repayment Instrument(s)” shall mean any Repayment instrument issued by Borrower as a security towards repayment of any
dues under the Credit Facility payable by them under terms of this MITC;
1.1.41 ““Taxes” means any present or future tax, levy, duty or other charges of a similar nature (including any penalty or interest payable in
relation to any failure to pay or delay in paying the same), now or hereafter imposed by law by any Governmental Authority; and
1.1.42 “Tenor” means the period specified in the Schedule of this MITC.

1.2 INTERPRETATION
In this MITC:
1.2.1 Unless the context otherwise requires, reference to a Recital/Clause and/or a Schedule is to a recital/clause and/or chedule of this
MITC, all of which constitute an integral and operative part of this MITC.
1.2.2 Headings to parts, clauses and paragraphs are for convenience only and do not affect the interpretation of this MITC.
1.2.3 Reference to any statute or statutory provision or order or regulation made thereunder shall include references to that statute, provi-
sion, order or regulation as amended, modified, re-enacted or replaced from time to time whether before or after the date hereof.
1.2.4 Reference to any document includes an amendment to that document, but disregarding any amendment made in breach of this MITC.
1.2.5 Reference to an “amendment” includes a supplement, modification, novation, replacement, or re-enactment and “amended” is to be
construed accordingly.
1.2.6 Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting any
gender include all genders.
1.2.7 Reference to the word “include” or “including” shall be construed without limitation.
1.2.8 References to a “person” or “Person” shall include that Person’s successors in title, executors, permitted transferees and permitted
assignees and references to a Person’s representatives shall be to its officers, employees, legal or other professional advisers, sub-con-
tractors, agents, attorneys, and other duly authorised representatives.
1.2.9 Words “hereof”, “herein”, “hereto”, “hereunder” or similar terms used with reference to a specific clause in this MITC shall refer to such
clause in this MITC and when used otherwise than in connection with specific clauses shall refer to this MITC as a whole.
1.2.10 In the computation of periods of time from a specified date to a later specified date, the words “from” and “commencing on” mean
“from and including” and “commencing on and including”, respectively, and the words “to”, “until” and “ending on” each mean “to but
not including”, “until but not including” and “ending on but not including” respectively.
1.2.11 Unless otherwise specified, whenever any payment to be made or action to be taken under this MITC, is required to be made or taken
on a day other than a Business Day, such payment shall be made, or action be taken on the immediately following Business Day.
1.2.12 Where a wider construction is possible, the words “other” and “otherwise” shall not be construed ejusdem generis with any foregoing
words.
1.2.13 A time of day is a reference to India time.

2. THE FACILITY AND PURPOSE


The Borrower hereby agrees to borrow, and the Lenders hereby agrees to lend the Facility to the Borrower, subject to the terms and conditions of
the Financing Documents. The Borrower hereby confirms that it shall utilise the Facility only for the Purpose as mentioned in the Schedule. If in the
opinion of the Lenders (which opinion shall be binding and conclusive against the Borrower) the Facility is not used for the Purpose (provided that
the Lenders shall not be bound to enquire as to, or be responsible for, the use or application of any funds advanced under the Facility), the Lenders
shall have the right to declare it as an Event of Default.

During the Cooling off Period/ Look-up Period the Borrower can exercise his/her option to exit from/Cancel the Loan by paying the Principal out-
standing dues along with proportionate Annual Percentage Rate as mentioned in the sanction letter cum Key fact Statement.

3. DISBURSMENT AND CONDITIONS


3.1 Subject to the conditions mentioned in this MITC, the Lenders may, at its/their sole and absolute discretion, disburse the Facility or any part
thereof as per disbursement request made by the Borrower to the Lenders any time during the Tenor of Facility. The Borrower shall ensure
the following before making any request for the Disbursement:
a. no actual/potential Event of Default has occurred, is in existence and/or is continuing;
b. all the representations and warranties are correct, complete and are in full force and effect;
c. all Conditions Precedent have been fulfilled;
d. the Borrower is in compliance with the terms and conditions of the Financing Documents;
e. post disbursal conditions with respect to the previous Disbursement/s have been met (if any).
3.2 Notwithstanding any other provision hereof, the Lenders, may at its sole discretion, cancel first or any further/subsequent disbursement of
the Facility if, in the reasonable opinion of the Lenders:
a. an Event of Default is likely to occur/has occurred/is continuing/threatened, which may result from such disbursement or if it becomes
unlawful for the Lenders to disburse or continue the Facility;
b. any representation and/or warranty is not correct, complete or is not in full force and effect;
c. any event has occurred/is continuing, which has/could result in a material adverse effect or consti tute a Market Disruption Event; or
d. an Applicable Law restrains, prevents, or imposes adverse conditions upon the transactions con
templated by the Financing Documents.
3.3 The fulfilment or satisfaction of any Condition Precedent may be waived or deferred in writing by the Lenders, at its
sole discretion, following a written request from the Borrower setting out:
a. the Condition Precedent in respect of which the Borrower seeks a waiver/deferment, and
b. the reasons for seeking such waiver/deferment.
3.4 The Borrower shall promptly give a written notice to the Lender of the satisfaction of the Conditions Precedent along with documentary evi-
dence of such satisfaction by issuance of a Conditions Precedent satisfaction notice and if it becomes aware of any event/circumstance which
will/may prevent such satisfaction, it shall forthwith notify the Lender in writing.
3.5 Conditions Precedent
The Borrower shall fulfill each of the Conditions Precedent before the Disbursement within the timelines as prescribed under this MITC or as
may be communicated by the Lenders. The Borrower shall ensure that the required documents are provided to the satisfaction of the Lenders
and the conditions mentioned below are satisfied.
The obligation of Lender to make any Disbursement under the Financing Documents shall also be subject to the following Conditions Prece-
dent:
a. The Borrower shall meet the minimum creditworthiness requirements as may be specified by Lenders. For this purpose, the Borrower
will provide all the information and assistance required by the Lender so that the Lender may conduct any inquiries, as deemed fit and
proper in the Lender’s sole discretion, in this regard.
b. No Event of Default has occurred or is likely to occur.
c. The Borrower shall have satisfied the Lenders about the (i) utilisation of the proceeds of any prior disbursement and (ii) proposed
utilization of the proceeds of the Disbursement after the sanction of Facility, within the time frame specified by Lenders, along with the
request for release of part of the funds needed by the Borrower for the Purpose.
d. No extraordinary or other circumstances shall have occurred which shall make it improbable for the Borrower to fulfil its obligations
under the Financing Documents.
e. The Borrower shall satisfy the Lenders to the effect that there is no action, suit, proceeding or investigation pending or threatened by
or against the Borrower before any court of law or Governmental Authority or any other competent authority which might have mate-
rial adverse effect on affairs of the Borrower.
f. Notwithstanding anything contained herein, in case any disbursement has been made, the Borrower shall continue to be under obliga-
tion to repay along with interests & costs, the entire amount so disbursed in terms of the Financing Documents.
g. The Borrower, whenever required by the Lenders, shall provide the following, in a form and substance satisfactory to the Lenders:
i. Evidence, as may be deemed necessary by Lender, including but not limited to any undertaking that the Facility or any part there-
of shall be used only for Purpose as disclosed by the Borrower;
ii. Such other information, documents as may be required by the Lenders.

3.6 Amortisation
3.6.1 The Borrower will amortise the Facility strictly as stipulated in the Schedule, subject to any other changes in such amortisation as
communicated later in writing by Lenders to the Borrower. However, in the event of delay or advancement, for any reason whatso-
ever, in the disbursement of Facility, the Due Date of payment of first Installment shall, in such case, be the corresponding day of the
following months to the day currently stated in the Schedule.
3.6.2 The Borrower agrees that the amount shall be remitted to Lenders on each and every Due Date of the Installments. In the event of
any dishonour of any Repayment Instrument/ Security Repayment Instrument, the Borrower agrees to pay dishonour charges per
instance as mentioned in the Sanction Letter cum Key Fact Statement and/or in this MITC, in addition to any Over due charge and
Penal charges payable in terms of this MITC.
3.6.3 In the event of any variation in the date of payment of Installments/the amount of Interest, principal or Installments/the numbers
thereof, the Borrower undertakes to forthwith issue fresh Repayment instrument(s), Security Repayment Instrument(s) as may be
required by Lenders.
3.6.4 Notwithstanding anything herein, Lenders shall always have the right to review and reschedule the repayment terms of the Facility or
of the outstanding amount thereof in such manner and to such extent as Lenders may decide on prospective basis with prior written
notice to the Borrower. In such event/s the Borrower shall repay the Facility or the Outstanding Amount thereof as per the revised
Schedule as may be determined by Lender/s in its/their sole discretion.
3.6.5 In case any amount is prepaid by the Borrower, unless otherwise decided by the Lenders in its discretion, the same shall be adjusted/
appropriated towards the applicable interest, principal outstanding and the balance towards other charges under the Facility.
3.7 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior
written agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter of this
Agreement.

4 INTEREST
4.1 The Borrower shall pay Interest to the Lenders in respect of the principal amount of the Facility outstanding from time to time, and on all fees,
costs, commissions, Charges, and other amounts due under or in respect of this MITC at the Applicable Interest Rate.
4.2 Interest shall be payable at Applicable Interest Rate (or such other rate as may be notified by the Lenders from time to time) through such
Repayment Instruments, Security Repayment Instruments and in the manner specified and at such intervals specified under the Schedule to
this MITC.
4.3 The Applicable Interest Rate shall be such rate of Interest, as may be decided by the Lenders, from time to time.
4.4 In the event of default on the part of the Borrower in the payment of any sum due hereunder, whether by way of Repament of the outstand-
ing balance of the principal amount of the Facility or by way of payment of Interest, and payable by the Borrower or the Borrower committing
any breach or default of any other condition of this MITC or under any other Financing Document, the Borrower shall pay to the Lenders
applicable Overdue Charge/s and Penal charges as per terms of this MITC. The Lenders’ right to claim such overdue Charge/s and penal
charges shall be without prejudice to the Lenders’ right to take any other action available to it under the terms of this MITC or at law in
respect of such event of default.
4.5 The Lenders shall be entitled to revise the Applicable Interest Rate, charges suitably and prospectively at any time during the Tenor of the
Facility. In such an event the Lenders shall notify the Borrower through notice and such noti fication shall form a part of the MITC. In the
event the Borrower does not agree to such revision, the Borrower shall forthwith repay the Outstanding Amount within 60 (sixty) days from
the date of intimation. In case if such repayment is not forthcoming within the said period the Borrower shall be liable to service the Facility in
accordance with the revised interest rate.
4.6 The Borrower acknowledges that any sums, interest, default amount including but not limited to (i) the Prepayment Charges and (ii) the Over-
due Charge/s and penal charges are reasonable and that they represent genuine pre-estimates of the loss which would be incurred by the
Lenders in the event of non-payment or default by the Borrower in accordance with the terms of the Financing Documents. The Borrower
waives any right it may have to raise any claim or defense that such payment is in the nature of a penalty and undertakes not to raise such
claim or defense.
4.7 Interest, penal charges. Overdue Charge/s and all other charges shall accrue from day to day on the actual number of days elapsed and shall
be calculated on an actual /actual day count basis, i.e., actual number of days elapsed divided by the actual number of days in the year.
4.8 The Borrower confirms, agrees and acknowledges that the Borrower has perused and understood the Lenders’ method of calculating the
Applicable Interest Rate and further agrees and undertakes to abide by the same without any demur/ objection.
4.9 The Borrower acknowledges that the Facility provided under this MITC is for a commercial transaction and the Borrower waives any defences
available under usury or other laws relating to the charging of Interest.

5. DISBURSEMENT
5.1 The disbursement under this MITC means any disbursal of the Facility, or any part thereof, made by the Lenders in terms of Clause 5.2 of this
MITC.
5.2 Schedule of Disbursement
Subject to fulfilment of the Conditions Precedent and at the Lenders’ discretion, the Facility shall be disbursed in single or in multiple tranches
as may be more specifically detailed in Sanction Letter cum Key Fact Statement.
5.3 Mode of Disbursement
All payments to be made by the Lenders to the Borrower under or in terms of this MITC shall be made as per the disbursement details men-
tioned in this MITC or as per request of the Borrower by Real Time Gross Settlement (RTGS)/ Cheque/s duly crossed and marked “A/c Payee
Only” or such other manner as per discretion of the Lenders and the collection charges, if any, in respect of such RTGS/cheque(s)/such other
instruments will have to be borne by the Borrower and the Interest on the Facility will begin to accrue in favour of the Lenders from the date
of deposit /delivery/ dispatch of such RTGS/cheque/ such other instruments irrespective of the time taken for transit or for collection/realiza-
tion.
5.4 Other Charges
The Borrower shall on or before the date of the first disbursal of the Facility, pay to the Lenders the Charges as specified by the Lenders in
the sanction letter cum Key Fact Statement and/or in the MITC or any other document.

6. REPAYMENT / PREPAYMENT
6.1 Except as otherwise agreed by the Lenders, the Borrower shall repay the amounts under the Facility outstanding from time to time on each
and every Due Date in an amount equal to the Installment as specified in the Repayment Schedule provided that:
a the Facility shall be Repaid in full by the final repayment date through such Repayment Instruments as specified in the Schedule;
b the Lenders shall be entitled to demand immediate Repayment of the entire amount of the Facility outstanding if any portion of the
principal amount of the Facility or any interest due thereon is not paid as and when it is due to be paid; and
c The Borrower shall Repay the principal amount of the Facility under the MITC free from and clear of any deduction and /or set off on
any account whether by virtue of any legal provision, statute or otherwise and any such deductions required by virtue of legal provision,
statute or otherwise shall be entirely borne by the Borrower. It is hereby clarified that in case the Borrower has been sanctioned multi-
ple facilities, there will not be any setoff without the prior written consent of the Lenders.
6.2 The Borrower shall pay all costs, Charges and expenses of the Lenders promptly as and when required to do so by the Lenders.
6.3 The Lenders shall be under no obligation to provide the Borrower with any notice, reminder or other intimation to the Borrower regarding
its/their obligation to pay the amount(s) payable under this MITC, and it shall be entirely their responsibility to ensure prompt and regular
payment of the amount(s) payable by the Borrower to the Lenders as and when due and in the manner provided herein.
6.4 The Borrower hereby acknowledges that the Lenders shall have the right to initiate or take necessary legal action against the Borrower in
case of dishonor/bouncing of any Repayment Instrument/Security Repayment Instrument on account of insufficient funds/ non-maintenance
of balance in the bank account etc., in addition to the levy of such charges by way of penalty and other additional levies, as specified in the
MITC or Sanction Letter cum Key Fact Statement or as the Lender may deem fit from time to time.
6.5 The Borrower shall be entitled to prepay the Facility ( in full or in part) through such Repayment Instruments as specified in the Schedule with
the prior written consent of the Lenders (which may be granted by the Lenders at their sole and absolute discretion) during Tenor of the facili-
ty subject to compliance of the conditions as stipulated in the Sanction Letter cum Key Fact Statement or Schedule of this MITC, by giving not
less than 7 (seven) days’ notice to the Lenders (or such other period as may be decided by the Lenders), from time to time and provided that
any such prepayment (in full or part) shall be made subject to payment of such prepayment costs (“Prepayment Charges”) as specified in the
Schedule to this MITC. The Lenders shall provide to the Borrower a Prepayment Statement/ Foreclosure Statement and the Borrower shall
prepay the whole or any part of the Facility in accordance with the Prepayment Statement/ Foreclosure Statement.
6.6 If it becomes unlawful in any applicable jurisdiction for the Lenders to perform any of its obligations as contemplated by this MITC or to fund
or maintain or continue any Facility, the Lenders shall promptly notify the Borrower upon becoming aware of that event and:
a the Lenders shall not thereafter be obliged to make an advance hereunder; and
b the Lenders shall be entitled to call in the entire Outstanding Amounts forthwith and the Borrower shall on such date as the Lenders
may specify, without demur or dispute whatsoever, repay the Outstanding Amount owing to the Lenders in respect of the Facility.
6.7 “Cooling off period” means a period of time from the date of disbursement of loan/credit facility within which the borrower can change her/
his mind with return or cancellation of the loan/credit facility, by paying the principal, and the proportion ate APR (if applicable), without any
prepayment charges. In order to return/cancel the loan/credit facility during the cooling-off period, customer needs to contact the Kissht
customer services desk by using one or more of the available options to connect i.e., call, chat or email.
6.8 At the request of the Borrower, the Lender may foreclose the loan/credit facility. The Borrower, if seeks foreclosure six months after disburse-
ment of the loan/credit facility, the Lender may not charge foreclosure charges. However, the Lender may charge foreclosure charges @ 4%
of principal outstanding as on the date, if loan/credit facility is sought to be foreclosed by the Borrower before six months from the date of
disbursement. The Lender, however, will use reducing balancing rate/method for the arrival of principal outstanding amount outstanding on
foreclosure date. The foreclosure charges will not be applicable during the cooling-off period.

7. APPROPRIATION OF PAYMENTS
Unless otherwise agreed to by the Lenders, any payments due and payable under this MITC and made by the Borrower, may be
appropriated, in the following order:
i. Firstly, towards payment of the outstanding principal amount of the Facility;
ii. Secondly, towards payment of any outstanding Interest and/or Interest portion of Installments;
iii. Thirdly, towards payment of applicable Charges, costs, expenses and Other monies;

8. INCREASED COSTS
8.1 If, by reason of (i) any change in law or in its interpretation or administration and/or (ii) compliance with any request from or requirement of
the RBI or other fiscal, monetary or other authority (including, without limitation, a request or requirement which affects the manner in which
the Lenders are required to or does maintain capital resources or reserves having regard to Lenders’ obligations hereunder and to amounts
owing to it hereunder:
a the Lenders incurs a cost as a result of Lenders having entered into and/or performing its obliga tions under this MITC and/or assum-
ing or maintaining a commitment under this MITC and/or making an advance hereunder; or
b the Lenders becomes liable to make any payment on account of tax or otherwise (not being a tax imposed on the net income of the
Lenders) on or calculated by reference to the amount of the Facility sanctioned or to be sanctioned by the Lenders hereunder and/or
to any sum received or receivable by it hereunder, then the Borrower shall, from time to time on demand of the Lenders, promptly pay
to the Lenders, amounts sufficient to make good any cost and hold harmless the Lenders against, as the case may be (1) such cost , (2)
such reduction in such rate of return (or such proportion of such reduction as is, in the opinion of the Lenders, attributable to its obli-
gations hereunder), (3) such increased cost (or such proportion of such increased cost as is, in the opinion of the Lenders, attributable
to its funding or maintaining an advance hereunder) or (4) such liability. The Lenders shall also be entitled to recover such increased
cost, reduction in rate of return and any such liability incurred by the Lenders by deducting an amount equivalent to the same from any
subsequent disbursal to be made to the Borrower.
.

9. CANCELLATION
9.1 Notwithstanding anything to the contrary contained in this MITC, the Borrower agrees that the Lenders shall at any time, during the currency
of the Facility have an unconditional right to terminate and cancel the un-utilized portion of the Facility (whether in part or in full) at his sole
discretion as well as withdraw or recall the disbursed Facility or any part thereof on the occurrence of any Event of Default or potential Event
of Default or if it becomes unlawful for the Lenders to disburse or continue the Facility to the Borrower, by giving a notice of 7 (seven) days,
which notice shall be final and binding on the Borrower. Provided, no notice will be given by the Lenders to the Borrower, where an Event of
Default has already been declared.
9.2 Notwithstanding anything contrary contained in this MITC, the Borrower agrees that the Facility shall be Repayable on the happening of a
Market Disruption Event and the Lenders can, at any time, at its sole and absolute discretion, terminate, cancel, withdraw or recall the Facility
or any part thereof without any liability and without any obligation to give any reasons whatsoever, whereupon all Outstanding Amounts
under the Facility shall immediately become due and payable by the Borrower to the Lenders forthwith upon demand made by the Lenders.
9.3 The Facility is available for utilization solely for the Purpose. If in the opinion of the Lenders (which opinion shall be binding and conclusive
against the Borrower) the Facility is not used for the Purpose (provided that the Lenders shall not be bound to enquire as to, or be responsible
for, the use or application of any funds advanced under the Facility), the Lenders shall have the right to declare an Event of Default.
10. BUSINESS ASSOCIATE AND SHARE OF LENDERS
10.1 The Lender 1 hereby authorizes the Lender 2, as the Business Associate or any other party as may be agreed by the Lenders in writing, to do
all such acts, deeds and thing for and on behalf of the Lender 1 in terms of this MITC and the Finance Documents as mutually agreed by the
Lenders. The Lender 2 shall perform the duties of the Business Associate for itself and on behalf of the Lender 1 through the Platform/DLA or
Otherwise .
10.2 All communications between the Lenders and the Borrower under this MITC shall be through the Business Associate using the Platform/DLA
or Otherwise. Any instructions or notices from the Lenders under this MITC to the Borrower shall be served by the Business Associate to the
Borrower and the Borrower shall be liable to act based on such instructions received from the Business Associate. Failure on the part of the
Borrower to act on such instructions shall constitute an Event of Default.
10.3 The Business Associate shall have the authority and power to act under the terms of this MITC on behalf of the Lenders and execute instruc-
tions given by the Lenders from time to time during the Tenure of the Facility.
10.4 The Business Associate shall be responsible for monitoring and collection of all payments falling due on the respective due dates to the Lend-
ers from the Borrower, in relation to the Facility under this MITC and the Finance Documents.
10.5 The Business Associate shall, have the right to recover the dues of from the Borrower. A suitable power of attorney, as may be required shall
be executed in favour of the Business Associate.
10.6 The Business Associate shall handle all the queries from the Borrower arising in relation to the Facility and give appropriate feedback to the
Borrower in relation thereto. The Business Associate shall seek to redress grievances of the Borrower in relation to the Facility as and when
they come. However, the Lenders shall endeavor to resolve the queries and complaints of the Borrower as per the applicable guidelines/
regulations, as may be issued/ revised by RBI and any other appropriate authority, from time to time.
10.7 The Business Associate may from time to time delegate, by power of attorney or otherwise to any person or corporation any of the powers
and discretions of the Business Associate under this MITC whether arising by statute, the provisions hereof or otherwise upon such terms and
for such periods of time as it may think fit.
10.8 Any liberty or power which may be exercised or any determination which may be made under this MITC by the Business Associate shall be
exercised at its or his absolute and unfettered discretion without any obligation to give reasons for doing so provided such exercise is made in
the best interest of the Lenders.
10.9 Business Associate shall be entitled to engage third party as collections agent for the purpose of collection of dues under the Facility or any
charge, penalties, and interest recoverable thereon (on any part thereof) from Borrower. On the occurrence of any the Events of Default or
for the purpose of recovery of dues under this MITC, appropriate legal proceedings can be initiated against the Borrower, on the basis of the
understanding and arrangement as agreed to inter se amongst the Lenders.
10.10 The failure, neglect, or refusal of any of the Lenders to join in such action shall not affect the rights of such Lender so failing, neglect-
ing, or refusing in any manner whatsoever vis a vis the Borrower.
10.11 The Borrower hereby agrees and understands that the Lender 2 or any other entity/ person as may be mutually decided by the Lenders, shall
act as the Business Associate for and on behalf of Lenders, in terms of this MITC and the Finance Documents, and the Borrower does not
have any objection to the same. The Borrower shall co-operate with the Business Associate in relation to the performance its duties, in terms
of this MITC.

11. BORROWER’S REPRESENTATIONS AND WARRANTIES:


11.1 The Borrower hereby represents and warrants that:
11.1.1 The Borrower is resident citizen of India and has the competence and power to execute this MITC and per form his/her obligations
under this MITC;
11.1.2 The Borrower is financially solvent and has adequate net worth to be able to perform his/her obligations under this MITC;
11.1.3 The Borrower has the competence and has obtained all authorizations (which are in full force and effect) to enter into and perform
under this MITC and to carry on its business, operations or profession, as the case maybe;
11.1.4 The Facility once granted by the Lenders under this MITC shall constitute legal, valid and binding obligations of the Borrower enforce-
able in accordance with its terms;
11.1.5 The execution and delivery of this MITC and documents to be executed in pursuance hereof, and the perfor mance of the Borrower
obligations hereunder and thereunder does not and will not (i) contravene any Applicble Law, statute or regulation or any judgment or
decree to which the Borrower and/or its assets, businesses and/or undertakings is subject to, (ii) conflict with or result in any breach
of, any of the terms of or constitute default of any covenants, conditions and stipulations under any existing arrangement or binding
to which the Borrower is a party or subject, as the case may be;
11.1.6 The Borrower does not have, will not be entitled to, and will not claim any immunity for himself/ herself or any of his/ her respective
assets from suit, execution, attachment or other legal process in any proceedings in relation to this MITC;
11.1.7 No litigation, investigation, arbitration, administrative or other proceedings are pending or threatened against the Borrower or his/ her
assets, which, if adversely determined, might have a Material Adverse Change in relation to the Borrower;
11.1.8 All clearances, permits, consents, acts, things or licenses necessary or appropriate for the execution and delivery of this MITC and
the fulfilment of the Borrower obligations under this MITC have been obtained from any Government Authority or from any existing
creditors of the Borrower or any other Person, as necessary, and are each in full force and effect;
11.1.9 No extraordinary circumstances shall have occurred which shall make it improbable for the purpose, for which the Facility is provided,
to be carried out and/ or for the Borrower to fulfil its obligations under this MITC;
11.1.10 The Borrower is in compliance with and abides by all Applicable Laws and regulations;
11.1.11 The Borrower will not seek to claim or recover from Lenders on any grounds whatsoever and/or in any circumstances whatsoever, any
purported damages or compensation, direct, indirect or consequential, for any acts or actions whatsoever of Lenders hereunder and/
or in respect of the Facility, taken or omitted by Lenders in terms hereof and/or pursuant hereto and/or the Borrower hereby expressly
waives any right to seek or make any such claim or recovery on any ground whatsoever;
11.1.12 The Borrower is not in arrears of any public demand such as income-tax, corporate tax and all other Taxes and revenues or any
statutory dues payable to the Government Authority and Borrower has complied in all material respects with all taxation laws in all
jurisdictions in which it is subject to taxation and has filed all tax returns;
11.1.13 Neither the Borrower, nor any Person acting on its behalf, has been engaged in (a) any corrupt/ fraudulent practices/ collusive/ coer-
cive practices in connection with the Borrower business or operations; or (b) money laundering; or (c) the financing of terrorism;
11.1.14 No Event of Default has occurred as on the date of execution of this MITC;
11.1.15 The Borrower obligations under the MITC rank at least pari-passu with the claims of all its other unsecured creditors, except for obli-
gations compulsorily preferred by Applicable Law;
11.1.16 The Borrower or any other Person related to the Borrower do not figure in any Defaulter List;
11.1.17 The Borrower further acknowledges and confirms that the information or documents provided to Lenders in connection with the
Facility do not contain any untrue statement of a material fact, nor do they omit to state a material fact necessary in order to make the
statements contained therein not misleading in light of the circumstances under which such statements were or are made.
Each of the representations set out in clause 11 above shall be deemed to be repeated on each day during the Tenure of the Facility.

11.2 Anti-Money Laundering and other laws


The Borrower hereby undertakes not to utilize the Facility for any money laundering, illegal, speculative or corrupt practices. The Lenders
may block or refuse to make a payment under or in connection with the Facility and may refuse to permit a drawing under any Facility, if it
believes on reasonable grounds that making such payment or drawing may breach any Applicable Law including any law relating to anti-mon-
ey laundering, anti-terrorism, anti-corruption, anti-bribery. The Borrower shall ensure that any payment or drawing instruction will not cause
or result in a breach of any Applicable Law.

12. COVENANTS
12.1 Positive Covenants
The Borrower covenants and undertakes that, during the Tenure of the MITC, the Borrower will, unless Lenders waive compliance in writing:
12.1.1 Utilize the Facility only for the purpose stated by it to Lenders and for no other purpose whatsoever;
12.1.2 Ensure payment of the loan installment, Interest, Default Interest, charges and all monies owing to the Lenders under this MITC per
the schedule already confirmed and signed by the Borrower without claiming any deviation;
12.1.3 Obtain and comply with the terms of, and do all that is necessary to maintain in full force and effect, all authorizations, approvals,
licenses and consents required to enable it to enter into and perform its obligations under this MITC, and to ensure the legality,
validity, enforceability and admissibility in evidence of this MITC;
12.1.4 Promptly inform Lenders of any material litigation, arbitration or other proceedings which can affect the Borrower, forthwith upon
the same being instituted or threatened by any Person whatsoever including if making a claim for money against the Borrower, or
enforcing against the Borrower any guarantee or undertaking given by the Borrower;
12.1.5 Promptly inform Lenders of any occurrence, event or incident of which it becomes aware which might adversely affect the Borrower
or affect its ability to perform its obligations under this MITC and/or in respect of the outstanding amount of the Facility, including
without limitation, any force majeure event or act of God such as earthquake, flood, tempest or typhoon, etc. as well as the happen-
ing of any labour strikes, lockouts, shut-downs, fires or other similar happenings which could reasonably expected to adversely impact
the day-to-day functioning or the business of the Borrower;
12.1.6 Promptly inform Lenders of the occurrence of any Event of Default or of the occurrence of an event which, with the passage of time
or the giving of notice would become an Event of Default, and also, where applicable, of the steps being taken to remedy the same,
and will, from time to time, if so requested by Lenders, confirm to Lenders in writing that save as otherwise stated in such informa-
tion, no default has occurred and/ or is continuing;
12.1.7 Pay regularly all Taxes, assessments, dues, duties, levies and impositions as may, from time to time, be payable to any Government
Authority;
12.1.8 Perform, on request of Lenders, such acts as may be necessary to carry out the intent of this MITC;
12.1.9 Give written notice of any other matter which has caused or might lead to a Material Adverse Change;
12.1.10 Promptly, upon the request of the Lenders, supply or procure the supply of such documentation and other evidence in order for the
Lenders to carry out all necessary ‘know-your-customer’ or other similar checks on the Borrower under all Applicable Laws for the
purposes of the transactions contemplated in this MITC;
12.1.11 Authorize the Lenders and its officers, nominees, agents, auditors and such other persons to inspect or audit such books of account,
registers, books and documents of the Borrower and shall have right to be furnished at such intervals as the Lender may direct from
time to time copy or copies of such documents;
12.1.12 Provide all information including information regarding other credit facilities enjoyed by the Borrower and when required by the
Lenders. The information furnished to the Lenders from time to time is and shall be true and correct;
12.1.13 During the term of this MITC the Borrower hereby authorizes the lenders to generate the bank statement and check the TU-CIBIL
Report of the Borrower as and when the Lenders may deem fit;
12.1.14 Have no objection if the Lenders or their agents share information pertaining to Lenders’ Facility and repayment history of the Bor-
rower to any Financial Institutions/ TU-CIBIL/ Credit Bureaus/ Agencies/ Statutory Bodies as the Lenders may deem fit;
12.1.15 Be liable to pay all the cost of collection of dues, legal expenses and other charges pertaining to the facility provided by the Lenders;
and
12.1.16 Comply with all the terms and conditions of the Lenders already stipulated and/ or being stipulated from time to time henceforth.

12.2 Financial Covenants


The Borrower covenants and undertakes that, so long as any part of the Facility is outstanding and until full and final payment of all money
owing hereunder, the Borrower shall ensure that financial covenants under this MITC or as otherwise notified by Lenders from time to time,
are met.
12.3 Negative Covenants
12.3.1 The Borrower covenants and undertakes that so long as any part of the Facility is outstanding and until full and final payment of all
moneys owing hereunder, the Borrower shall not, without the prior written consent of Lenders having been obtained, do or omit to
do and not permit any act, matter or thing which would cause any of the representations and warranties, under this MITC, if repeated
immediately prior to any Disbursement, to be untrue, inaccurate or misleading and immediately notify Lenders in writing of any such
fact or circumstance which might cause any of the representations and warranties set forth in this MITC to be untrue or misleading.
12.3.2 The Borrower further undertakes that in the event any information given in the loan application form is found false, the Lenders in
their sole discretion may (i) refuse to advance/ further advance, and (ii) exercise its right to recall the loan facility, and the full loan
amount advanced, if any, with interest and other charges shall become immediately recoverable by the Lenders.

13. EVENTS OF DEFAULT


13.1 The following events and occurrences shall constitute an Event of Default for purposes of this MITC:
13.1.1 Non-payment of Installment’s by the Borrower on the Due Date whether wholly or in part including dishonor of any Repayment
Instrument/ security Repayment Instrument issued by the Borrower.
13.1.2 Material Adverse Change: If there occurs any event or situation, such as and including but not limited to any Material Adverse
Change as solely determined by the Lenders in Borrower business or financial or other condition or operations or prospects, which
in the Lenders sole opinion is prejudicial to Lenders interests or is likely to materially affect Borrower financial condition and/or Bor-
rower ability to perform all or any of Borrower obligations under this MITC and to comply with any of the terms of this MITC.
13.1.3 Failure by the Borrower to observe or perform any obligation contained in the MITC.
13.1.4 All or substantially all of Borrower undertaking, assets or properties or its interests therein are seized, nationalized, expropriated,
or compulsorily acquired by any Government Authority or there occurs any settlement or compromise or restructuring or any
attempted settlement or compromise or restructuring, in relation to any other credit facility availed by the Borrower from the Lend-
ers or any other financial institution or bank.
13.1.5 Death of the Borrower.
13.1.6 Revocation of any Repayment Instrument/ Security Repayment Instrument by the Borrower without obtaining the prior written
consent of the Lenders.
13.1.7 Breach of representation or warranty or covenants: If there occurs a breach of any representation or warranty or covenant made or
deemed to be made by the Borrower in or pursuant to this MITC.
13.1.8 Litigation: Any pending or threatened litigation, investigation or preceding that may have a material impact on the business, condi-
tion (financial or otherwise), operations, performance, properties, or prospects of the Borrower or that purports to affect the MITC,
or the transactions contemplated thereby.
13.1.9 Cross Default:
i Where any indebtedness by way of any loan taken by the Borrower (other than the Facility under this MITC) (“Other Indebt-
edness”) becomes prematurely due and payable as a result of a default thereunder; or any event of default or event which,
with the giving of notice, lapse of time, determination of materiality or other condition, may constitute such an event of
default occurs under any contract or document relating to any Other Indebtedness; or any Other Indebtedness or any sum
payable in respect thereof is not paid when due; or
ii any commitment for, or underwriting of, any Other Indebtedness is cancelled or suspended as a result of an event of default
(howsoever described) under the document relating to such Other Indebtedness; or
iii any other financial institution(s) or bank(s) with whom the Borrower has entered into any arrangement for financial assistance
have refused to disburse its/their loan(s) or any part thereof on account of a Material Adverse Change; or
iv there is any breach/default under any arrangement by the Borrower or other party to such arrangement or the Borrower
or the other party to such an arrangement does not comply with any term or conditions (whether financial, performance or
otherwise) of the arrangement and such breach or non-compliance is, in the opinion of the Lenders, likely to have a Material
Adverse Change. If at any time the said proceeds of the Facility are used for any purpose other than the purpose for which it
was availed or are used for an illegal or unlawful purpose.
13.1.10 Other Events of Default: In the sole opinion of the Lenders, any other default, which adversely affects the fulfilment of obliga-
tions by the Borrower under this MITC and inability of the Borrower to cure any failure after the date on which Lenders in writing
notifies such failure to Borrower as an Event of Default; Insolvency of the Borrower or any execution or distress or attachment or
receiver or other process being enforced or levied upon or against the whole or any part of the Borrower property. The Borrower
abandons or threatens to abandon the purpose for which the Facility was availed for. This MITC becomes invalid, illegal, or unen-
forceable; or is repudiated by the Parties to it (save, the Lender) or ceases to be in full force and effect, or shallcease to give the
Lenders the interest, rights, powers and privileges purported to be created thereby. If anyinformation given by the Borrower in the
reports and other documents and information furnished by the Borrower from time to time in accordance with the provisions of
this MITC, the reporting system or the representations made or warranties given/ deemed to have been given by the Borrower to
the Lenders is found to be misleading, untrue or incorrect at the date it was made or deemed to have been made.
i The Borrower or any other Person (other than the Lenders) repudiates or disallows or takes any action or evidence to repudi-
ate or disallow or take any action to challenge the validity or enforceability of the MITC.
ii If in the opinion of the Lenders, any legal proceedings or other procedure or step is taken against the Borrower which may
adversely affect the Borrower ability financial or otherwise.
iii Any change in law which may in the sole opinion of Lenders impact the Borrower ability to repay/pay the obligations.
iv The Borrower or any other Person (other than the Lenders) repudiates or disallows or takes any action or evidence to repudi-
ate or disallow or take any action to challenge the validity or enforceability of the MITC.
v If in the opinion of the Lenders, any legal proceedings or other procedure or step is taken against the Borrower which may
adversely affect the Borrower ability financially or otherwise.
vi Any change in law which may in the sole opinion of Lenders impact the Borrower ability to repay/pay the obligations.
vii At any time, it becomes unlawful for the Borrower to perform or comply with any or all of its obligations under this MITC.
viii The auditors when certifying any of the Borrower financial statements have made sub stantial qualifications or have refused to
certify them.
13.2 Notice to Lenders on the happening of an Event of Default
On occurrence of any Event of Default or any event which, after the notice, or lapse of time, or both, would constitute an Event of Default,
the Borrower shall, forthwith give notice to Lenders in writing specifying the nature of such Event of Default, or of such event and the Lend-
ers shall proceed to take any and/ or all actions, in no particular order, as it may deem appropriate.
13.3 Consequences of Default
If one or more of the Events of Default occur or are continuing, whether voluntarily or involuntarily, then, without derogation from the rights
mentioned in this MITC and without prejudice to any other right or action that Lenders may be entitled to under law or this MITC against the
Borrower, the Lenders shall have the following rights:
13.3.1 Termination
The Lenders may, at their sole discretion, terminate the MITC, either wholly or partially, upon occurrence of any Event of Default.
13.3.2 Acceleration
i The Lenders, may by a notice in writing to the Borrower, declare the entire amounts payable under this MITC, including repay-
ment installments (due and payable) payable under this MITC (“Amount Due”) as accelerated and payable forthwith along with
Interest, Default Interest, costs, charges, expenses, etc.
ii On receipt of any such notice, the Borrower shall immediately repay all Amounts Due as demanded by Lenders pursuant to
this clause in entirety (or part thereof, if specified in such notice). The Borrower hereby waives any right it may have to further
notice, presentment, demand or protest in respect of any demand for immediate payment from the Lenders.
13.3.3 In the event of Event of Default, Lenders may, at their sole discretion, take such other legal remedial action as Lenders may deem fit
including enforcing any rights available to the Lenders under applicable laws, regulations or contract.
13.3.1 Notwithstanding the foregoing clauses, the Lenders otherwise reserves their right to terminate the MITC and to recall the Facility
without assigning any reasons, by providing a reasonable prior notice.

14. ASSIGNMENT
14.1 The Borrower shall not transfer or assign any of its rights or liabilities under this MITC to any Person without the prior written consent of the
Lenders.
14.2 The Borrower agrees that notwithstanding anything to the contrary contained in any document executed under or in relation to this MITC,
each of the Lenders shall have the right to (in full or in part) assign, transfer, novate and/ or otherwise securitize its rights or obligations under
this MITC and the other Financing Documents and/ or the Out standing Amounts and/ or enter into indemnity or other arrangements for risk
sharing, whether with or without recourse to the Lenders, to one or more scheduled commercial banks or any other entity, trust, any associa-
tion whether located/ placed in India or outside India as permitted under the Applicable Law without any reference or notice to the Borrower.
However, the Borrower shall not claim any privity of contract with any such entity to whom the outstanding and/ or the rights or obligations
under this MITC or the other documents in relation to the Facility have been assigned/transferred/ novated/ securitized or with whom the
Lenders have entered into indemnity or arrangements for risk sharing.
14.3 Without prejudice to the right of the Lenders to proceed against the Borrower under Applicable Law for recovery of Outstanding Amounts,
the Borrower hereby gives consent that the Lenders will be entitled, subject to Applicable Law, to recover the dues, assign the debt and/or
securities and/ or initiate proceedings under the Applicable Law and/ or Code and the Borrower agree to pay the Lenders all cost, Charges
and expenses incurred in that connection.
14.4 The Borrower irrevocably and unconditionally confirms that the Borrower shall continue to be bound by the terms of this MITC and the other
documents in relation to the Facility notwithstanding such transfer or assignment by the Lenders.
15. MORATORIUM
The Lenders at their sole discretion may offer the facility of moratorium, in due compliance with any regulatory circular in this regard, on written
request of the Borrower at the time of loan application/ loan disbursement or at any time during the Tenor. The Lenders can charge as agreed
upon amount for such facilities. It is the sole discretion of the Lenders to cancel the Facility (in whole or part) whenever it deems fit, and the
Borrower must repay the remaining loan installment(s) regularly. Failure of which may cause the Lenders to take necessary legal actions against the
Borrower.
16. COST, CHARGES, EXPENSES
16.1 The Borrower shall bear and promptly pay the following:
16.1.1 an upfront non-refundable processing fee as mentioned in Sanction Letter cum Key Fact Statement and statutory levies thereon as
processing fee to the Lenders for the purpose of processing the Facility. The processing fee shall be paid at the time of disbursement
of the Facility itself for which purpose, the Borrower hereby authorizes the Lenders to adjust the processing fee from the proceeds of
the disbursement. The processing fee is non-refundable fee and independent of disbursement/cancellation of the Facility;
16.1.2 all fees for the services performed by Lenders, all out of pocket and travelling expenses and other costs, Charges and expenses in any
way incurred by Lenders, their officers, employees or agents in connection with the negotiation, preparation, execution, delivery, ad-
ministration, waiver, modification or amendment of or the preservation, protection or release of the rights of the Lenders on exercise
of any rights, remedies or powers granted hereunder or any documents or instruments contemplated or in connection with or relating
to these presents including, without limitation, costs of due diligence ;
16.1.3 all legal fees for drafting of this MITC and all other Financing Documents, costs, Charges and expenses of the external legal counsel of
the Lenders and all such sums incurred or paid by the Lenders in connection with and incidental to or in connection with these pres-
ents and incurred in connection with the enforcement of any rights hereunder or under any of the Financing Documents or any cost
incurred in the assertion or defence of the rights of Lenders as such for, and for the benefit of the Lenders, realization and recovery of
the Outstanding Amounts which shall be added to the Outstanding Amounts and be secured hereby; and
16.1.4 all Taxes, Charges and penalties on any Financing Documents if and when the Borrower may be required to pay the same according to
the Applicable Law.
16.2 The Borrower agrees to hold harmless the Lenders and make good any and all loss, costs, Charges, expenses, and liabilities including penalties,
if any, with respect to or resulting from delay or omissions to pay any taxes or Charges. Such taxes or Charges (if not paid or reimbursed by
the Borrower) shall be deemed to be the amounts outstanding under/in relation to the Facility.
16.3 The Borrower shall pay all charges and other similar taxes payable in respect of this MITC and other Financing Documents and hold harmless
the Lenders and make good any cost, loss, or liability that the Lenders may suffer, pay, or incur by reason of or in connection with all charges
and taxes payable in respect of this MITC or any other Financing Document.
16.4 The Borrower hereby undertakes to hold harmless the Lenders at all times against all costs (including legal costs), liabilities, claims including
but not limited to any third-party claims, losses, damages and expenses whatsoever in respect of its obligations and liabilities under this MITC
and the Borrower shall be liable to pay such amounts forthwith on demand. The certificate of costs, charges, and expenses, as certified by
Lenders shall be conclusive evidence against the Borrower for the amount due and payable under this clause.
16.5 If the Borrower fails in defraying the costs, expenses, Charges, or fees referred to above as and when required, the Lenders may (but is not
obligated to) make such payments on behalf of the Borrower. All such payments made by the Lenders shall be for the account of the Bor-
rower and the Borrower undertakes promptly on demand, to reimburse the Lenders or its authorized agents, representatives, successors, and
assignees for any such monies so paid, together with the interest thereon at the rate mentioned in the sanction letter cum Key fact statement
and also in this MITC until the date such amounts are actually reimbursed by the Borrower. All such costs and expenses shall be part of the
‘Outstanding Amounts’.

17. TAXES
17.1 If the Borrower is required by law to make any such deduction or withholding towards, for or in respect of any tax, the Borrower must:
17.1.1 pay to the Lenders any additional amount as may be necessary to ensure that the Lenders receives the full amount of the relevant
payment as if that deduction or withholding had not been made; and
17.1.2 supply promptly to the Lenders evidence satisfactory to the Lenders that it has accounted to the relevant Governmental Authority for
the withholding or deduction.
Provided that in case the Borrower provides a certificate, within the statutory timelines, evidencing payment of withholding taxes in
relation to any payments made to the Lenders, it shall not be required to gross up the payments as provided under this clause 17.1.
17.2 The Borrower shall during the currency of the Facility bear all taxes as may be applicable or as may be levied by a Governmental Authority in
relation to any Interest or other sum paid by the Borrower to the Lenders under the Facility. If the Lenders are required to make any payment
on account of any tax in relation to Interest or other sum received or receivable by the Lenders hereunder, then the Interest or sum payable
by the Borrower shall be increased to the extent necessary to ensure that after making such payment, the Lenders receives and retains a sum
equal to the sum which it would have received and retained had no such payment or deduction been made or required to be made.
17.3 If the Borrower is required to make any deduction for or on account of any tax (other than statutory deduction of taxes at source) in relation
to any Interest or other sum payable to the Lenders hereunder, then, in such case, the sum payable to the Lenders shall be increased to the
extent necessary to ensure that, after making such deduction the Lenders receives and retains (without any liability for such deduction) a sum
equal to the sum which it would have received and retained had no such deduction been made or required to be made.
17.4 If there is, at any time, any incidence of any indirect taxes on the Lenders directly connected and/ or attributable to the Facility, the Lenders
shall notify the Borrower of such incidence of tax and shall be entitled to pass on such incidence to the Borrower. The Borrower shall make
payment of such taxes without demur, protest, or cavil. Notwithstanding the above, if the Lenders makes payment of any such indirect tax,
the Lenders shall be entitled to be reimbursed for the same by the Borrower.

18. CONSTITUTED ATTORNEY


18.1 The Borrower hereby agrees and appoints the Lenders and its officers, employees and agents and authorised representatives to be its duly
constituted attorneys for all or any of the following purposes, upon the occurrence of an Event of Default, namely:
18.1.1 to sign all papers, documents indentures and writings that the Borrower would be bound to do under or in pursuance of these
presents and / or the Facility and for and behalf of the Borrower and to attend before the Sub-Registrar of Assurances or any other
relevant authority and admit execution thereof;
18.1.2 Generally, to do perform and execute or cause to be done performed or executed all acts deeds matters things and documents in all
matters arising under or out of or concerning or touching these presents as the Borrower could itself do perform or execute; and
18.1.3 for the better and more effectually doing effecting and performing the several matters and things including as aforesaid, and to ap-
point from time to time or generally such other Persons, bodies, companies, organizations, or agencies as the Lenders may think fit as
its substitute or substitutes to do execute and perform all or any such acts and things as aforesaid and such substitute or substitutes
at pleasure to remove and to appoint other or others in his or their place.
18.2 The Borrower agrees that the above powers may be exercised without any prior notice to the Borrower and further agrees to ratify and
confirm all that the Lenders or any substitute or substitutes appointed by the Lenders may lawfully do or cause to be done in exercise of the
aforesaid powers;
18.3 The Borrower further agrees to give all assistance to the Lenders and its officers authorised representatives and other substitutes for the
purpose of exercising any of the powers hereinabove set out, including endorsing of documents, signing of papers and doing all such things as
may be necessary to enable the Lenders and its officers and other substitutes to exercise all the powers hereby conferred.
18.4 The Borrower further agrees that the aforesaid powers have been granted for valuable consideration and as such shall be irrevocable in na-
ture till such time as any amounts remain due owing or payable under or in respect of or in pursuance of the Facility and/ or these presents.

19. GOVERNING LAW AND JURISDICTION


This MITC and all documents executed under/ in relation to this MITC shall be governed by and construed in accordance with the laws of India.
Subject to Clause 20.14 (Arbitration), any disputes arising under/ in relation to this MITC shall be subject to the jurisdiction of the courts situated
in Pune. This shall not however limit the rights of the Lenders to take proceedings in any other court of competent jurisdiction.

20. MISCELLANEOUS
20.1 Notices
Any notices to be provided by each Party shall be in writing, signed by an authorised officer, if sent by post, delivered to the addresses set
out below or to such other address as may be notified for the purpose by the Parties from time to time, and if sent by letter or email as
mentioned below or to such other number or e-mail id as may be notified for the purpose by the Parties from time to time. Notices shall be
deemed to have been delivered on the earlier of the actual date of delivery or 7 (seven) Business Days following dispatch.

Address of the Borrower:
Address: as mentioned in the Schedule
Email: as mentioned in the Schedule

Address of Lender 1:
Poonawalla Fincorp Limited having its registered office at 201 and
202,2nd Floor,AP81,Koregaon Park Annex, Mundhwa, Pune – 411036, Maharashtra.
Email: [email protected]

Address of Lender 2 / Business Associate:


Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West Mumbai 400070 Email: [email protected]

The Borrower agrees that all instructions and / or correspondence sent by the Borrower to the Lenders are sent at the Borrower risk, and the
Lenders do not assume any responsibility for any inaccuracy, interruption, error, delay or failure in transmission or delivery whether sent by
post, telegraph, cable, telex or any other form of written or electronic communication.

20.2 Severability
Any provision of this MITC, which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the
extent of prohibition or un-enforceability but that shall not invalidate the remaining provisions of this MITC or the enforceable or prohibited
portion of such provision nor affect such provision in any other jurisdiction.
20.3 Sharing of Information/ Disclosure
For the purpose of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information)
Rules, 2011 and otherwise, the Borrower hereby authorizes Lenders or its subsidiaries/ affiliates and their agents to exchange, share or part
with all the information relating to Borrower and/ or the Facility and repayment history information and all information pertaining to and
contained in this MITC to affiliates/ Financial Institutions/ Credit Bureaus/ Agencies/ Statutory Bodies/ Reserve Bank of India as may be
required and under takes not to hold affiliates/ Subsidiaries of Lenders and its agents liable for use of the aforesaid information. The Bor-
rower accepts that the Reserve Bank of India or the Credit Bureaus or any other agencies mentioned herein may use, process, disseminate
Borrower information and data disclosed by the Lenders in such manner as they may deem fit, and the Borrower shall not hold the Lenders
responsible or liable in any manner whatsoever in this regard. In case of default in the repayment of the Facility/ Interest on Due Date/
maturity date, the Lenders and/or the Reserve Bank of India will have an unqualified right to disclose or publish the name of the Borrower
as defaulter in such manner and through such medium as the Lenders or the Reserve Bank of India in their absolute discretion may think fit.
During the term of this MITC the Borrower hereby authorize the Lenders to check the TU-CIBIL Report of the Borrower as and when the
Lenders may deem fit.
20.4 Lenders’ Records to be accepted by Borrower
The records maintained by the Lenders in their ordinary course of business shall be the final proof for the due amounts from the Borrower in
respect of the Facility under this MITC. A certificate in writing signed by an officer of the Lenders or a system generated electronic certificate
stating the Outstanding Amount from the Borrower in respect of the Facility at any particular time shall be conclusive evidence against the
Borrower in respect of payments due from the Borrower in respect of the Facility.
20.5 Engagement of third parties
The Borrower expressly recognizes and accepts that the Lenders shall, without prejudice to its right to perform such activities itself or
through its officers or employees, be and entitled and have full power and authority to appoint one or more third parties as the Lenders may
select and to delegate to such third party all or any of its functions, rights and powers under this MITC relating to administration of Facility
including right and authority to collect and receive on behalf of the Lenders from the Borrower any payments and other amounts due by the
Borrower under this MITC and to perform and execute all lawful acts, deeds matters and things connected therewith and incidental thereto
including sending notices, attending the office of the Borrower or contacting the Borrower (including authorized signatories, representative,
of the Borrower), receiving repayment Instruments, Security Repayment Instruments, drafts and mandates from the Borrowers (including au-
thorized signatories, representative of the Borrower), and giving valid and effectual receipts and discharge to the Borrower. For the afore said
purpose, the Lenders shall be entitled to disclose to any such third parties (including authorized signatories, representative of the Borrower)
all necessary and relevant information pertaining to the Borrower and the Facility and the Borrower hereby consents to such disclosure by
the Lenders. Notwithstanding above, in the event of Borrower committing any act of default and/ or occurrence of any Event of Default,
the Borrower expressly accepts and authorizes Lenders any such third party as Lenders may select to contact any third parties (including
authorized signatories, representative of the Borrower) and disclose all necessary and relevant information pertaining to the Borrower and
the Facility. The Borrower further expressly authorizes Lenders and/or any such third party as Lenders may select to receive payment as may
be offered by any third parties (including authorized signatories, representative of the Borrower) towards discharge of the Facility.
20.6 Waiver
The Borrower confirm that no delay of the Lenders in exercising or not exercising any right, power, or remedy accruing/ available to the
Lenders on Borrower default or otherwise under this MITC or any other Financing Documents shall impair or prejudice such right, power
or remedy or shall be construed as its waiver or acquiescence. The Borrower further confirm that any single or partial exercise of any right,
power or remedy by the Lenders shall not preclude further exercise thereof. Every right and remedy of the Lenders shall continue in full
force until the Lenders specifically waives it by a written instrument.
20.7Liens; Right of Set Off
The rights, powers and remedies given to the Lenders by this MITC shall be in addition to all rights powers and remedies given to the
Lenders by virtue of any other security, statute, or rule of law. The Lenders may exercise a banker’s lien or right of set- off with respect to
any obligation of the Borrower to the Lenders in the same manner as if the obligation were unsecured and shall have a lien on all property
or securities of the Borrower in the Lenders’ possession or custody whether for safe-keeping or otherwise Without prejudice to what is
stated hereinabove, the Borrower hereby expressly agrees and confirms that in the event of the Borrower failing to pay the Outstanding
Amounts under the Facility, in addition to any general or specific lien to which the Lenders may be entitled by Applicable Law, the Lenders
shall, without prejudice to any of its specific rights under this MITC, be at liberty to apply any other money or amounts standing to the credit
of the Borrower in any account in or towards repayment of the Outstanding Amounts under the Facility, without notice to the Borrower,
on happening of any Event of Default or if upon demand by the Lenders the said Dues are not repaid within the prescribed time. In case of
any deficit, the deficit amount may be recovered by the Lenders from the Borrower. The joint account holder/s to such monies, securities,
deposits and other assets is/are aware of, and have no objection to (a) the Facility applied for, (b) the Facility terms, (c) using such monies
from the joint accounts for paying/Repaying the Facility and all other amounts due to the Lenders, and (d) the Lenders’ rights of set off in the
event of their default of the Facility terms: It shall be the Borrower sole responsibility and liability to settle all disputes/objections with such
joint account holders, if so required, and the Lenders shall be well within its rights to exercise the right of set off against any money lying in
any deposit/bond/other assets held singly or jointly, for settlement of dues.
20.8 Sanction Letter cum Key Fact Statement
The terms of the Sanction Letter cum Key Fact Statement, jointly issued by the Lenders, shall form part of this MITC and shall be in addition
to and be read in conjunction with the terms of this MITC. If there are any inconsistencies between the terms of the Sanction Letter cum
Key Fact Statement and this MITC then, the terms of Sanction Letter cum Key Fact Statement shall prevail to the extent of inconsistencies.
20.9 Entire MITC
This MITC and other Financing Documents shall constitute the entire arrangement between the Parties about the subject matter, comprised
within the Financing Documents and shall replace all previous arrangements between the Parties on that subject matter. The Borrower has
not relied on any oral or written representation or warranty made, or purportedly made, by or on the behalf of the Lenders, except as set out
in the Financing Documents. Further, the Lenders agree that their rights and entitlements under this MITC and other Financing Documents
shall be subject to and/or read along with the provisions of any additional documents entered into in writing between the Lenders amongst
themselves. However, such internal arrangements between the Lenders shall not affect the rights and obligations of the Borrower under this
MITC.
20.10 Survival of Rights
The provisions of Clause 11 (Borrower’s Representations and Warranties ), Clause 20.1 (Notices), Clause 20.14 (Arbitration), Clause 19 (Gov-
erning Law and Jurisdiction) and this Clause 20.10 (Survival of Rights) shall survive termination of this MITC.
20.11 Benefits
The terms and provisions of this MITC shall be binding upon, and the benefits hereof shall inure to the Borrower successors and permitted
assigns and the Lenders’ successors and assigns.
20.12 Acceptance
i. The Borrower agrees and acknowledges that he/it has read this MITC and the duly filled in the schedules/ annexures hereto, and other
documents including but not limited to the Sanction Letter cum Key Fact Statement. The Borrower declares that the Borrower shall be
bound by all the conditions mentioned herein.
ii. The Borrower further agrees and declares that this MITC, and other documents including but not limited to the Sanction Letter cum
Key Fact Statement have been explained to the Borrower in the language understood by the Borrower and that the Borrower has
understood the entire meaning of various clauses and the schedules and annexure forming part & parcel of this MITC as well as of the
other documents signed/executed by the Borrower.
20.13 Signatures
The Borrower hereby represent and warrant the genuineness of the signatures of the authorised signatories of the Borrower, or each of the
Borrower in the event of there being more than one Borrower, as the case may be.
20.14 Arbitration
All the claims, disputes, differences, or questions of any nature arising between the Parties, whether during or after the termination of this
MITC, in relation to the construction, meaning or interpretation of any term used or clause of this MITC or as to the rights, duties, liabilities
of the parties arising out of this MITC, shall be resolved through a sole Arbitrator to be appointed by the Lenders. The arbitration proceeding
shall be conducted as per the provisions of Arbitration and Conciliation Act, 1996 as may be amended from time to time. The arbitration
proceedings shall be conducted preferably through online means or otherwise through conventional means in English language. The arbitral
award shall be final and binding on the Parties. The seat and venue of arbitration shall be as per the discretion of the Lenders (for both con-
ventional as well as online mode).
20.15 Amendment
No amendment of any term or provision hereof shall be effective unless made in writing.

KEY FACT STATEMENT

Date: 26/09/2023

Name of Lender 1: Poonawalla Fincorp Limited

Name of Lender 2: SI Creva Capital Services Private Limited

Applicant Name: RAJESH SINGH

Loan reference number: LOS1591627326898PNOD

A) Details of Fees & Charges

Disbursement Date/Drawdown Date 2023-09-26

(i) - Loan Amount (in Rs.) 9500

Annualized Rate of Interest (% per annum) 18%

(ii) - Interest Amount (in Rs.) 141

Repayment Due Date 2023-10-26

(iii) - Processing charge (in Rs.) (Inclusive of GST) 560.5

(iv) - Disbursement Amount (in Rs.) (i)-(iii) 8939.5

Total Amount to be Paid (in Rs.) 9641

(v) - Annual Percentage Rate (% per annum)


Effective annualized interest rate (in percentage) (computed on Net Disbursed Amount using 94%
IRR approach and reducing balance method)

Net Disbursed Amount (including fees, packages & taxes) (in Rs.) 8940

Tenure of the Loan (in months/days) 30 Days

Repayment frequency by the borrower Single Installment

Number of instalments of repayment 1

Details about Contingent Charges

Rate of annualized penal charges in case of delayed payments (if any) Refer to Section D

Rate of annualized other penal charges (if any); (details to be provided) Refer to Section C

Other Disclosures

Cooling off/look-up period during which borrower shall not be charged any penalty on
3 Days
prepayment of loan

SI Creva Capital Service Private Limited or any other entity/personnel


Details of recovery agent authorized to approach the Borrower
duly appointed by Lender in this regard (Refer to Section G)

Name, designation, address and phone number of nodal grievance redressal officer designated
Refer to Section E and F
specifically to deal with FinTech/ digital lending related complaints/ issues

Details of recovery mechanism Refer to Section G


B) Repayment Schedule

Instalment number Instalment date Principal (in Rs.) Interest (in Rs.) Instalment (in Rs.)

1 2023-10-26 9500 141 9641

Note: Please note that this Key Fact Statement and the repayment schedule is applicable in respect of availing a loan as of
this moment, and is intended to be merely illustrative in case if the Loan is intended to be availed in future. For the sake of
clarity, if the Loan is availed in future, in that case depending upon the actual amount intended to be availed by the borrower
and the actual date of disbursement, a revised Key Fact Statement and the repayment schedule shall be shared, before the
execution of the Loan contract.

C) Details of Contingent Charges – Part 1

Repayment
For Bank transfer mode: NIL
Convenience
For other modes: As per payment gateway charges (Inclusive of GST)
Charges

Pre-Payment/Foreclosure charges may be applicable at the discretion of Lender/Co lender. If charged,


Pre- the foreclosure charges shall be levied at 4% of the principal amount being prepaid.
Payment/Foreclosure
Charges No foreclosure charges/pre-payment penalties will be applicable on any floating rate term loan
sanctioned for purposes other than business to individual borrowers (Inclusive of GST).

Schedule of Pricing and charges

Note: The Lender/Lenders may decide to provide up to 100% waiver on 1 or more of the fees shown below, on a
case-to-case basis, to help borrowers in special situations like financial issues, medical emergencies, natural
calamities, etc. as part of the lender’s customer service initiatives. As and when any updates to the fees &
charges are introduced by the lender, the borrower shall be intimated about such changes by email or otherwise
in the manner prescribed for the same from time to time by lender. The borrower shall at all times ensure that
his/her latest mobile number and email ID is updated with the lender. The lender shall rely upon the mobile
number and email ID provided by borrower, and shall not be obliged to verify or make further inquiry into the
validity of the mobile number and email ID provided by borrower. The borrower shall in no circumstance dispute
such reliance by the lender.
Payment Gateway Charges:
The borrower can choose the most appropriate Payment Option available in the Payment Gateway and use
the same for online payment of Kissht outstanding dues/fees/other charges. The applicable payment
gateway charges, if any, shall be communicated to the borrower at the time of payment and will need to be
borne by borrower.

D) Details of Contingent Charges – Part 2

Overdue Penalty Charges

1. Customers with overdue amounts less than Rs. 7000 will be charged a one-time overdue charge of Rs 150 and per day penalty charge of Rs 50.
2. Customers with overdue amounts greater than or equal to Rs. 7000 will be charged a one-time overdue charge of Rs 200 and per day penalty charge as mentioned in the
“Daily Penalty Charges” grid

Daily Penalty Charges

Amount Daily Penalty Charge APR For Daily Penal Charges

₹7000-7999 ₹50 91%

₹8000-8999 ₹50 80%

₹9000-9999 ₹50 71%

₹10000-10999 ₹50 64%

₹11000-11999 ₹50 58%

₹12000-12999 ₹50 53%

₹13000-13999 ₹50 49%

₹14000-14999 ₹50 46%

₹15000-15999 ₹50 43%

₹16000-16999 ₹50 40%

₹17000-17999 ₹50 38%

₹18000-18999 ₹50 35%

₹19000 & above ₹50 34%

Note: 18% GST on “Overdue Penalty Charges” amount is additionally applicable. System will auto-calculate
Overdue Penalty Charges + GST & display only the total to you.

Important Notes:

1. Subject to sub-point 2 below, One-Time Overdue Charges & Daily Penalty Charges will be applied if the EMI repayment is done after the scheduled due date or if
otherwise applicable as per the terms of the Financing Document (collectively referred to as “Overdue Penalty Charges”).
2. The Overdue Penalty Charges to be levied on borrower, per EMI, will be lower, of INR Rs.2000, 100% of principal outstanding, or the amount calculated as per the
details provided in the Details of Contingent Charges – Part 2 above
3. As and when any updates to the fees & charges are introduced by the Lenders, the borrower shall be intimated about such changes by email or otherwise in the
manner prescribed for the same from time to time by Lenders. The borrower shall at all times ensure that his/her latest mobile number and email ID is updated with
the Lenders. The Lenders shall rely upon the mobile number and email ID provided by the borrower, and shall not be obliged to verify or make further inquiry into
the validity of the mobile number and email ID provided by the borrower. The borrower shall in no circumstance dispute such reliance by the Lenders.
Other Charges:

NACH Return Charges (per instance) ₹100 (incl. of GST)

E) Grievance Redressal Mechanism – Level 1

022 62820570 / 022 48914921

The customer can get in touch with the customer service executive over call between 9:30 am to 6:30 pm, 7 days a
Call week & 365 days a year by dialing the above number.

If the customer is unable to connect due to temporary heavy call volumes. A callback shall be attempted, in most of
the cases, by the customer services team to the customer to resolve his query/grievances.

022 48913631

The customer can get in touch with the customer service executive over Chat (preferably from his/her registered
mobile number) between 9:30 am to 6:30 pm, 7 days a week & 365 days a year by saving the above Official
Chat WhatsApp Chat number on his/her smartphone. In addition to WhatsApp Chat, the customer can also Chat with the
customer service executive by simply using the Chat option given in the Kissht App.

During non-working hours, the customer can use the automated Chatbot service available on the same number for
getting his/her basic queries resolved and for raising a grievance too.

[email protected]
Email
The customer can get in touch with the customer service executive over Email by sending his query/grievance
(preferably from his/her registered email id) to the above mentioned email id of the company.
F) Grievance Redressal Mechanism – Level 2

If customer is unable to get a satisfactory response or is unable to reach the above Level 1 channels for Grievance Redressal,
he/she may choose to escalate the issue to the below mentioned officer’s:

Grievance Redressal Officer (GRO) Principal Nodal Officer (NO)

Mr. Arnab Das Mr. Arnab Das


Lender
1
Address: 201 and 202, 2nd Floor, AP81, Koregaon Park Address: 201 and 202, 2nd Floor, AP81, Koregaon Park
Annex, Mundhwa, Pune - 411036 Annex, Mundhwa, Pune - 411036
Ph: 020 67808090 Ph: 020 67808090
Email: [email protected] Email: [email protected]

Grievance Redressal Officer (GRO) Principal Nodal Officer (NO)

Mr. Mukul Dwivedi Mr. Suraj Shetty


Lender
2
Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Address: 10th Floor, Tower 4, Equinox Park, LBS Marg,
Kurla West, Mumbai, Maharashtra 400070 Kurla West, Mumbai, Maharashtra 400070
Ph: 7967112136 Ph: 8046983691
Email: [email protected] Email: [email protected]

Grievance Redressal Officer (GRO) Nodal Officer (NO)

Pravin Rathod Zaffar Khan


LSP Address: 10th Floor, Tower 4, Equinox Park, LBS Marg, Address: 10th Floor, Tower 4, Equinox Park, LBS Marg,
Kurla West, Mumbai, Maharashtra 400070 Kurla West, Mumbai, Maharashtra 400070
Ph: 080-68249277 Ph: 080-68249278
Email: [email protected] Email: [email protected]

Important Notes:

The Grievance Redressal Officer (GRO) may be reached on the number provided above anytime between 10:00 and
18:00 from Monday to Saturday except public holidays or through the e-mail address above. The GRO shall endeavor
to resolve the grievance within a period of 14 days from the date of receipt of a grievance.
If the Borrower does not receive a response from the GRO within 14 (fourteen) days of making a representation, or if
the Borrower is not satisfied with the response received from the GRO, the Borrower may reach the Nodal Officer
anytime between 10:00 to 18:00 from Monday to Saturday except public holidays or write to the Nodal Officer at the
e-mail address above.
If the grievance is not redressed by the Nodal Officer of the Company, within a period of 30 (thirty) days, then the
borrower can lodge a complaint over the Complaint Management System (CMS) portal under the Reserve Bank-
Integrated Ombudsman Scheme (RB-IOS).
G) Details of Recovery Mechanism:

SI Creva Capital Services Private Limited (SCCSPL) is an RBI registered NBFC follows all extant rules related to
collections practices as laid down under regulations. SCCSPL follows a customer first approach where the emphasis of
collections is to work with the borrower so as to ensure the best outcome for them, while educating them on their
rights and consequences under different scenarios.

The course of action adopted by SCCSPL post default by the borrower in repaying the scheduled repayment(s) is as
follows:

In the event of any delay or default in payment of any amount due and payable by the borrower in relation to the loan,
the immediate action taken is to initiate messaging through SMS, inapp-chat, Verified WhatsApp Business Account,
IVR, notifications, email and tele-calling by our inhouse collection team. The messaging is context-based and focuses
on customer education and warning around credit bureau impacting future loans and legal impact.
The next action taken is to send written communication by letters and/ or by electronic communication LDN (Loan
Demand Notice) and LRN (Loan Recovery Notice) through multiple channels including email, SMS, Verified WhatsApp
Business Account and registered post in vernacular languages.
Finally, SCCSPL delegates the recovery to its network of field agents who will first visit the borrower at the place of
their choice, and in the absence of any specified choice of place, at the place of their residence and if unavailable at
residence, at the place of business/occupation/ identified place of work. Such personal visits shall ideally be from 8.00
am to 7.00 pm. It is ensured that the external collection partners are compliant with RBI guidelines and
recommendations and follow best industry practice. In case of personal visits, identity and authority of persons making
such visits for follow up and recovery would be made known to the obligors at the first instance. All collection agents
will be required to follow a code of conduct covering their dealings with the borrowers. All the practices adopted for
follow up and recovery of dues and enforcement of security will be in consonance with applicable laws. In addition to
the foregoing, recovery proceedings may be initiated in accordance with applicable laws.

SI Creva Capital Services Private Limited


Registered Office: 10th Floor, Tower 4, Equinox Park, LBS Marg, Kurla West, Mumbai, Maharashtra 400070.
CIN: U65923MH2015PTC266425 | Email: [email protected] | https://sicrevacapital.com

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