Private Finance In India
June 29, 2022
Ticket Size : 10 CR to 100 CR
Locality : Pan India
Rate : 12% to 18% p.a
Commission : 3% of the Loan Amount (At the time of DD Handover).
TERMS AND CONDITIONS
1. The loan amount to be arrange and advanced shall be against 60% to 70% of the market value of the security (ies).
2. The repayment period of loan shall be maximum 10 (ten) years plus 2 (two) years of moratorium period, if required.
3. Interest levied shall be @12% to 18% per annum and charged on reducing balance Amount due from year to year and to be paid in equated installment. (Case to Case depended).
4. Repayment of loan can be structured either in Monthly/Quarterly or Half yearly pattern, based on projected cash flow.
5. The required loan amount and the period for repayment are decided only after physical inspection of the security offered against required loan.
6. Physical verification and inspection of the security offered is most essential. Borrower will have to pay To and Fro travelling expenses Three Persons and boarding cost, if required. The travelling expenses can be paid by RTGS in our account . Please let us know the exact rout to depute our representative to your place for inspection of your property.
7. Loan is paid in full amount; no interest or any other amount is deducted from the loan amount at the time of disbursement.
8. Loan is advanced only against the Registration of English Legal Mortgage with right of possession (in case of default) on immovable property (ies) and not otherwise.
9. All the documents related to property(ies), clear and marketable title documents / deeds, complete title link chain documents, Sale / Purchase / Gift / Release deeds, Record of Rights, Approved MAP Plan(s), Property Card, Mutation, GPA(s), complete set of last 3 years audited financials with ITRs, KYC documents, Detailed Valuation Report from government approved valuer, permission to borrow, permission to mortgage, Board Resolution(s), Regulatory clearance(s)/NOC(s) if any, Search cum title derivation and Clearance Reports (50 years), constitutional deeds and documents, Articles, Memorandums, Registrations Certificates, NOC(s) from creditors, creditor’s sanction letter(s), Registered GPA (s), relevant approval(s), Credit Rating, Nil-Encumbrance Certificate(s), Project Report/CMA data, indemnity bond(s), Licenses, Constitutional compliances, Guarantor Solvency(ies), Computation of Wealth, GST Returns and any other related and connected documents required by the lender or their legal advisor for the financial transaction (as the case may be) will have to be submitted by the borrower prior disbursement.
10. Borrower should have absolute rights to mortgage the property (ies) offered as security.
11. All money transaction by D.D./RTGS/Cheque, only. No cash transaction is permitted.
12. Copies of the documents and papers should be translated to English version duly certified by official High court translator(s) only, in the event if they are in vernacular language (mandatory). All copies documents should be in clean and readable state. Copies taken and submitted by mobile photos or whatsapp or SMS will not be considered. All documents submitted should be self-certified.
13. Lender reserves all rights to cancel the transaction at any stage without assigning any reason or for non-compliance, breach of any of the terms and conditions or if any information/particulars/documents furnished by you are found to be incorrect or any valid reason.
14. All documentation and legal formalities to be furnished complied and completed before disbursement.
15. Pre-closure of loan transaction is permissible, subject to one month notice at no extra cost or charges.
16. In the event of submission of any false, fabricated or illegal document by the borrower or its representative(s) or its consultant (s), the lender will have the right to recover cost of the transaction including legal charge & expenses along with liquidated damages decided by the lender.
17. The Lender shall have complete rights to add, amend, delete, and modify the terms, process and policies, without prior notice.
18. Regulatory taxes shall be subject to applicability.
19. Loan transaction is strictly Subject to Mumbai Jurisdiction, only.
1. In order to proceed further the borrower has to submit the loan proposal as per format with preliminary details with Proposal Fees of Rs.21000 (non refundable), with legal (From Bank Panel Lawyer ) and Valuation ( From Bank Panel Valuer ) of the collateral If the proposal is found feasible based on preliminary details and disclosures, a feasible letter along with terms and conditions to the effect shall be issued.
2. On acceptance of the feasible letter along terms and conditions borrower will have to pay the reimbursement of travelling expenses/cost for our representative who will visit borrower’s place/security to be mortgaged with prior intimation for the physical verification. After personal inspection and physical verification of your property(ies) /security(ies), our representative will prepare a report and take formal loan application duly signed by the borrower. With the formal application borrower will have to submit all the copies of property documents, valuation report, title report, financials, KYC documents etc. On receipt of the application along with documents proposal will be considered.
3. If your loan is sanctionedafter the issue of the sanction letter the borrower will have to visit to our establishment to execute the loan MOU (Memorandum of Understanding) and secure or pay an amount @ 2.5% of the loan amount towards restitution of Statutory and Legal Expenses in the form of Bank Guarantee or Demand Draft. The Statutory and Legal Expenses are towards the reimbursement cost of legal investigation of title search, preparing mortgage documents; declarations; guarantee bonds, payment of English mortgage stamps duty, guarantee stamps duty, registration charge and other related and connected cost and expenses over the transaction.
4. Borrower also have to provide two male solvent income tax payee businessmen or property holder (who should not be agriculturist) as guarantors for which separate forms and bonds will be prepared and sent as per Section 128 of the Indian Contract Act, 1872 along with mortgage document to be completed by them before disbursement along with supporting documents.
5. After two weeks of your executing the MOU we shall send a copy of mortgage deed & declaration along with two guarantor forms. The same will have to be completed, filled and signed by the borrower and guarantors and to be sent back to us duly completed. On receipt of the complete set of documents our legal and financial advisor will verify, scrutinize and record all the papers and documents and underwrite the risks. If found in order and approved, thereafter within 12 working days we shall send our representative for Mortgage Deed Registration and at the time of executing the document our representative will deliver the D.D. of Loan amount to the borrower, only.
6. At the time of disbursement borrower will have to handover crossed cheques towards repayment as per the repayment chart, and the same shall be encased on the due dates as per the terms of the loan contract. We hope you will find our terms most suitable and we shall be pleased to serve you. Kindly send the signed copy of the terms and conditions with procedure along with rubber stamp on all pages as a token of your acceptance.
Assuring you of your best attention at all times.
M/S. XYZ PVT. LTD.
MEMO OF UNDERSTANDING
SUBJECT TO MUMBAI JURISDICTION Only
Date ___.05..2022 Place: Mumbai
M/s.ABCD and M/s. XYZ Pvt. Ltd.
1. The Parties to the MOU:
THIS INDENTURE is made and entered into at
Mumbai, This ___ Day of May, 2022 BETWEEN M/S. ABCD, a proprietorship concern and a private financing party having their office at xxxxxxxx through its Chief Executive Officer MR. xxxxxxxxxx, hereinafter referred to as LENDER,
M/S. xxxxxxxxx PVT. LTD., having registered office at xxxxxxxxxxxxx, through
its Director MR. xxxxxxxxxxxxxxx, hereinafter referred to as the BORROWER;
2. Recital, Statement & Commitment :
WHEREAS the said BORROWER approached the said LENDER and proposed a loan of Rs.20,00,00,000/- (Rupees Twenty Crores Only) for business growth and requested to accept the said proposal and advance the loan amount; AND WHEREAS the said BORROWER has offered its Property consisting of Industrial Properties (Land & Building), details as per Annexure-1 attached, hereinafter referred to as “the said Properties” AND WHEREAS the said Properties have been valued by the BORROWER Company to the tune of Rs.29,02,53,559/- approx (Rupees Twenty Nine Crores Two Lakhs Fifty Three Thousand Five Hundred Fifty Nine Only); AND WHEREAS the said LENDER have accepted the proposal of the said BORROWER, subject to their terms and conditions, providing of legal requirements, complying of legal requisitions and completion of legal formalities;
3. Now This Indenture Witnesseth as under :
The LENDER shall arrange and advance the loan to the BORROWER Company under their Terms and Conditions and complying of legal requirements by the BORROWER providing a clear and marketable title of the Property offered for mortgage and the BORROWER Company shall accept the loan amount of Rs.20,00,00,000/- (Rupees Twenty Crores Only) by mortgaging the above said properties as security under English Registered Mortgage with right of possession (in the event of default) and by creating SECOND CHARGE on both the properties offered as security, where the first charge is with State Bank of India, C.K. Road Branch, Medinipur (total outstanding is of Rs.9.30 Crores).
4. The BORROWER Company undertake to provide clear and marketable title of the said Properties, free from all encumbrances and furnish all the legal requirements and comply with the legal requisitions and legal formalities required to be completed as per financial requirements of the LENDER and as required under the financial transaction within a specified period of 30 working days from the date of execution of these presents. This period is the essence of this agreement.
5. Articles and Salient Features :
5.1 Loan Amount :
The loan shall be of the amount of Rs.20,00,00,000/- (Rupees Twenty Crores Only) against the properties stated below.
5.2 The Properties
Industrial Properties consisting of:-
Annexure-1 attached and has been empowered to mortgage the properties for the
benefit of the said Company.
5.3 The Value of the Properties :
The present market value of the property as per BORROWER Company is estimated to be Rs. Rs.29,02,53,559/- approx (Rupees Twenty Nine Crores Two Lakhs Fifty Three Thousand Five Hundred Fifty Nine Only).
5.4 Rate of Interest :
Interest levied shall be @ 12% p.a. on reducing balance amount due from year to year and to be paid in equated installment.
5.5 Installment :
The Installment shall be payable in Half Yearly Equal Installments basis;
5.6 Tenure :
The Period of Loan shall be for the duration of 12 years, including first two years moratorium period which shall commence from the date of disbursement of loan.
5.7 Mortgage :
The mortgage shall be English Registered Legal Mortgage with right of possession (in the event of default).
The legal requirements and the requisitions required by the LENDER for the purpose of loan transaction shall be given by the LENDER to the BORROWER as and when required during the course of legal scrutinisation of documents and papers etc.
The Borrower agrees and accepts to provide two male solvent guarantors with their supporting documents and papers. The Borrower hereby agree, confirm and declare that benefit of this MOU shall not be transferable or assignable in any manner or mode whatsoever in favour of third party and in the event of change of management of the borrower inclusive of change in the constitution, adoption of new Partner or Director the transaction between the lender and the borrower under this MOU shall stand excluded from deal between the borrower and the third party.
6.4 The Borrower hereby agree, confirm and undertakes to abide by the terms and conditions along with procedure as mentioned in the terms sheet dated: 31.03.2022 and Sanction Letter 12.05.2022.
7. Legal Expenses:
The BORROWER Company shall guarantee 2% of the loan amount calculated to be a sum of Rs. 41,00,000/- (Rupees Forty One Lakhs only) along with interest @15% p.a. on the Legal expenses amount for two months in the form of a Bank Guarantee in place of actual payment of legal expenses ought to be paid by cheque/draft towards restitution of Statutory and Legal Expenses. The Borrower agree and confirms to abide by the terms and conditions mentioned in the said Bank Guarantee. The Lender do hereby acknowledge the receipt of the Original Bank Guarantee dated ___________
bearing No. _______________ ________________ of the ________________.
_____________, Branch _____________. The Legal Expenses are required to be
spent towards the reimbursement on the works of the BORROWER towards the Statutory expenses of Stamp Duty, Registration Charges, documentation, legal scrutinization of documents of property and other papers submitted by the BORROWER through solicitors, legal experts,
chartered accountant, legal consultants and their fees or professional charges etc., and shall also be used towards preparation of Mortgage Deed, Declaration, Guarantor Forms by advocate and other miscellaneous charges costs etc., to be spent on the loan transaction plus GST. The receipt of the said amount guranteed by the BORROWER Company, the LENDER do hereby acknowledge hereunder.
8. Force Majeure :
8.1 The BORROWER undertake that if the BORROWER fails and neglect to; complete the transaction; comply with the terms and conditions; provide clear and marketable title with absolute ownership rights to the securities offered as mortgage; prove their legal authority to borrow the loan within the above said specified period, as referred to in (Clause 4) hereinabove; or for any breach of terms and conditions and cancels the transaction at any time after the execution of these presents and at any stage before the finalization of loan transaction, the BORROWER shall be at liberty to do so. The LENDER shall cancel the loan transaction hereto existing subject to deduction by the LENDER of the amount of 50% from the said full Legal Expenses agreed hereinabove in Clause 7 towards their costs, damages and expenses of the LENDER along with interest @ 15% p.a. on the legal expenses. The Lender shall be at liberty to claim the said 50% amount to the tune of INR 21,00,000/- (Rupees Twenty One Lakhs Only) plus GST. The BORROWER do hereby accept, confirm and agree to it and shall not dispute the same before or after such cancellation.
8.2 The LENDER agree that if the loan transaction is cancelled or terminated by the LENDER at any time before or after the execution of these presents and at any stage during the course of loan transaction for any reason or for non availability of funds the Bank Guarantee referred hereinabove shall become infracturous and may be returned back to the Bank issuing such guarantee on cancellation of loan transaction by
9.2 the LENDER hereunto mentioned in this Clause..
Undertaking By Borrower:
The Borrower thus hereby agrees that he / it is not involved in any speculation business nor involved in any terrorist activity and that no fund is being or would be utilized for such activity and further that no fund or any part of this fund /loan shall be used or spent on any such illegal and on terrorist activities which may jeoparadise the interest on the status of the lender. The Borrower does hereby agree that there is no criminal and/or civil litigation pending in any court of law by me or against me. The Borrower further state that he has not been convicted or charged with any offence by any court of law.
9.3 It is agreed and undertaken by the Borrower hereby that he shall submit proper and genuine documents. In the event if any wrong/forged or incorrect documents are submitted he hereby indemnifies the Lender for the lossess, damages or levy of liquidated damages for the said reason. It is hereby agreed that the Borrower shall provide true, correct and reliable information and documents only and in the event if any information or document is found to be incorrect he indemnifies the Lender for charges,
10. Confidentiality :
It is agreed that the loan transaction shall always be maintained as private, personal and confidential and no part of it shall be revealed or disclosed to any person or persons who is / are nowhere connected to it, by the LENDER, even after when the BORROWER remain no longer the client of the LENDER subject to the following EXCEPTIONS:
10.1 When the information relating to the loan transaction is required by law to be disclosed for public policy or public interest;
10.2 If the loan transaction requires to give the information to safeguard the LENDER which in otherwise jeopardise the interest and reputation of the LENDER;
10.3 To get verification or clarification of certain documents or papers submitted by the LENDER of or from any person, private or public or government or semi-government during the course of loan transaction pertaining to the loan transaction, wherein it is required to reveal the name, address and the contents of such documents, papers or certificate etc., issued by such person or authority for verification or clarification of the documents or papers etc;
10.4 If the BORROWER allows the LENDER or permit them in writing to reveal or disclose certain information to some third person which in no way affect the LENDER in any manner.
11. Jurisdiction :
This MOU / agreement, loan transaction and the above mentioned Bank Guarantee shall be strictly and exclusively subject to MUMBAI JURISDICTION Only and the BORROWER shall not claim legal jurisdiction of any other place except that of Mumbai in case of any dispute between the parties to this Memorandum of Understanding.
12. Attestations :
In Witness Whereof the parties have hereunto set and subscribed their respective hands, seals and signatures on the day and the year first hereinabove
Delivered by the withinamed LENDER,
M/S. ABCD through its CEO MR. in the Presence of
Signed, Sealed and Delivered by the with named BORROWER,
M/S. CHANDRAKONA COLD STORAGE PVT. LTD.,
through its Director MR. JAYANTA KUMAR ROY in the presence of …………..
Bank Guarantee Format
[On letter head of the Bank and on Non Judicial Stamp duty of 0.2% of Bank Guarantee Value]
BG No: ___________
Email : [email protected]
Sub: – e- BANK GUARANTEE OF Rs. ________/- through SWIFT
|1||Bank Guarantee number|
|2||Date of Issue|
|3||Guarantee Amount||Rs.41,00,000/- (Rupees Forty One Lakhs only)|
|4||Date of Expiry|
|5||Date of Claim||Within 180 Working Days of MOU execution date|
|6||Applicant Name||M/s. Chandrakona Cold Storage Pvt. Ltd.|
WHEREAS Mr. Jayanta Kumar Roy, Director of M/s. Chandrakona Cold Storage Pvt. Ltd., hereafter referred as “BORROWER” having registered office at Arabari, P.O. Satbankura, P.S. Garbeta, West Medinipur, West Bengal, Pin-721 253have approached M/s ABCD hereafter referred as the “LENDER” a Money Lending concern and a private financing party having their registered office at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, Mumbai-400 004 for business finance, hereafter refereed as “Loan Amount”. The Borrower have approached the ______ ________________ Branch, hereafter referred as “BANKERS” or “BANK” having its Branch Office at _____________________, Pincode – ________, Maharashtra and Regional office at __________________________________________ for issue of the Bank Guarantee to secure the cost of transaction (i.e. payment of Legal Expenses and interest thereof) between the Lender and Borrower and on the basis of below given understandings between them apart from other, are:
- WHEREAS the Borrowers confirm that he has absolute authority to raise the said Loan Amount against the English Registered Mortgage with right of possession (in case of default) on the securities offered Industrial Properties (Land & Building), situated at:- (1) JL No.452, Khatian No.30/5, Dag No.113, 193, 107/257,110, 108, 109, Arabari, P.O. Duki, P.S. Garbeta, Dist.-Paschim, Medinipur, Under Satbankura G.P. , and (2) JL No.452, RS Khatian No.75, LR Khatian No. 44/1, 86/3, 104/2, 2/2, Dag No.115/266, 110/259, 111/260, 112/261, Arabari, P.O. Duki, P.S. Garbeta, Dist.-Paschim, Medinipur, Under Satbankura G.P.
- WHEREAS the Borrowers agree to raise Loan Amount from the said lender to the tune of Rs.20,00,00,000/-(Rupees Twenty Crores Only)) for a period of 12 years including first two years of moratorium period by providing encumbrance free and clear and marketable title to the securities offered as mortgage and have absolute rights to the property situated at: 1) JL No.452, Khatian No.30/5, Dag No.113, 193, 107/257,110, 108, 109, Arabari, P.O. Duki, P.S. Garbeta, Dist.-Paschim, Medinipur, Under Satbankura G.P. , and (2) JL No.452, RS Khatian No.75, LR Khatian No. 44/1, 86/3, 104/2, 2/2, Dag No.115/266, 110/259, 111/260, 112/261, Arabari, P.O. Duki, P.S. Garbeta, Dist.-Paschim, Medinipur, Under Satbankura G.P.
- .WHEREAS the Borrowers have agreed that the said Loan Amount shall be fully secured by way of English Registered Mortgage with right of possession (in case of default) by creating the second charge on the securities .
- WHEREAS the Bankers agree that the Borrowers have confirmed that they shall comply with all the legal formalities along with the Terms and Conditions of the said Lender. Apart from others it is stated as under:-
- The Bankers on behalf of the Borrowers guarantee to pay the said full amount of Rs. 41,00,000/- (Rupees Forty One Lakhs only) towards Legal Expenses including interest @ 15% p.a. for two months on the Legal Expenses as per the MOU with M/s. ABCD, on the disbursement of the above referred entire Loan Amount in favour of the Borrower.
- The Bankers guarantees to pay Rs. 41,00,000/- (Rupees Forty One Lakhs only) by way of RTGS in favour of “M/s. ABCD” to their bank accountspecified herein below immediately on the credit of entire Loan Amount to the bank account of Borrower. An intimation of the same shall be sent by way of either Regd. Post or Courier or Email or hand delivery to the Bankers, by the Lender.
- The Bankers agree and guarantee that if the Borrowers fails or neglects to:
- complete the loan transaction within the specified time mentioned in the MOU or otherwise extended thereof,
- comply with the agreed legal requisitions or formalities and requirements,
- comply with the terms and conditions as per terms sheet dated 31.03.2022 and sanction letter dated 12.05.2022,
- provide clear and marketable title with absolute ownership rights to the securities offered as mortgage and
- prove their legal authority to mortgage and borrow the loan within a said specified period of Thirty(30) thirty working days as per the MOU to be executed between both the parties on receipt of this Bank Guarantee or cancel or terminate the transaction or breach of contract, we the Bankers hereby guarantee to pay 50% of Legal Expenses to the tune of Rs. 20,00,000/- (Rupees Twenty Lakhs only) plus the Interest on the Legal Expenses @ Rs.1,00,000/- (Rupees One Lakh only) totaling to an amount of Rs. 21,00,000/- (Rupees Twenty One Lakhs Only) to the lender via RTGS to the Lender’s below notified bank account, immediately on receipt of intimation from Lender by way of either Regd. Post or Courier or Email or hand delivery, irrespective of any form of disagreement or objection of any nature what so ever it may be from the Borrower side or Banker side or any other party related to borrower.
- In the circumstances that if the Borrower request the lender for extension of the said specified period of 30 working days, the extension of not more than 7 working days shall be given to the Borrower, only once. It shall be at sole discretion of the lender to grant time extension or not. In the case of grant of time extension this Bank Guarantee shall be extended till such extended time by given by M/s ABCD to the Borrower and the written intimation of the same to the Bank by way of either Regd. Post or Courier or Email or Hand delivery.
- This Bank Guarantee would come into effect only when the MOU is executed between the Borrowers and the Lenders. The copy of the MOU shall be dispatched by way of either Regd. Post or Courier or Email or hand delivery to the Bankers within 7 days of the execution of MOU by the Borrower and/or the Lender.
- The Bank guarantee will remain in force till the claim is lodged by the Lender based on the above mentioned events or till 180 working days from the date of execution of the MOU.
- The Bankers and borrower both agree that the Lender shall be the sole judge to decide whether the said Borrowers have committed any failure(s), negligence, default or breach (es) to any of the Terms and Conditions of the Terms Sheet dated. 31.03.2022 or Sanction Letter dated 12.05.2022 or MOU.
- WHEREAS the Bankers agree if the Lender cancels the loan transaction for whatever reason this guarantee given by us shall stand as cancelled.
- WHEREAS the Bankers agrees all the cost pertaining to Bank Guarantee, RTGS or any other direct or indirect expenses shall be borne by the Borrower M/s. Pvt. Ltd., only.
- WHEREAS the Bankers agree that the Bank Guarantee shall be sent via SWIFT to the bank Account of the Lender i.e. Yes Bank account no. 01896370000, SWIFT no. YESBINTB IFSC CODE no. YESB0000089 of, Mumbai – 400004
- WHEREAS the Bank agrees that any payments triggered on the occurrence of any of the above referred event(s) shall be transferred via RTGS to the bank account of the Lender i.e. ABCD, Yes Bank account no. 0189637000, SWIFT no. YESBINTB, IFSC CODE no. YESB0000089 of , Mumbai – 400004. This said account will be treated as notified Bank account on record of the Lender for payment and BG purposes.
- The Bankers agrees, undertakes and guarantee not to revoke this bank guarantee during its currency except with the previous consent of the Lender only, in writing.
- Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this guarantee shall not be assignable or transferable by the beneficiary. Any invocation of guarantee can be made only by the beneficiary or its authorized representative through written communication directly by way of either: Regd. Post or Courier or Email or hand delivery.
- Notwithstanding anything contained herein:
- Bankers liability under this Bank Guarantee shall not exceed Rs. 41,00,000/- (Rupees Forty One Lakhs only);
- this Bank Guarantee shall be valid upto ____________________;
- The Bankers are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if Lender serves upon the Banker a written claim or demand by way of either Regd. Post or Courier or Email or hand delivery on or before ______________________________ (date of claim of Guarantee).
- Following address, mail IDs and contact numbers shall be used for the purposes of verification of the BG, payment claim, settlements or any related and connected communications:
_______ Bank Ltd,
M/s. Pvt. Ltd.
P.S. Garbeta, West ,
West Bengal, Pin– 721 25
Chief Executive Officer
Mumbai – 400004
- This Transaction is strictly subject to Mumbai Jurisdiction, only
- The ____________ Bank agrees to the above conditions and shall abide by the same.
We the Bankers confirm having issued the captioned Bank Guarantee in Lenders favour on behalf of our above named constituent (Borrower) and the same is signed by the two competent officers of the Bank.
|1. Authorized Signatory of ______Bank , _________________ Branch With the name and the designation of the signatory (Seal of the Bank)||2. Authorized Signatory of _____ Bank, _________________ Branch With the name and the designation of the signatory (Seal of the Bank)|
Instructions: – All the pages should have signature and seal of the bank. The electronic copy of bank guarantee should be sent via Swift to the Bank of ABCD and original hard copy by courier or hand delivery.