Common use of BANK’S RIGHTS Clause in Contracts

BANK’S RIGHTS. The Bank shall have a right: (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iii) At any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest Rate, change in EMI for the Floating Rate Loans), periodicity of compounding of Interest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (iv) To receive and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fit; (v) Without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including the family members of the holder and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vi) To disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd), its auditors any refinancing agency and such third parties including rating agencies as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and (vii) In case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's liability under the Loan. (viii) Have the right, at its discretion, to demand all residual charges including but not limited to any default interest, fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and (ix) To determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.

Appears in 3 contracts

Samples: Unsecured Business Loan Agreement, Unsecured Business Loan Agreement, Unsecured Business Loan Agreement

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BANK’S RIGHTS. The Bank shall have a right: (i) In in the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To to revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under thereunder and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iii) At at any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest Rate), change in EMI for the Floating Rate Loans)any other charges or fees, periodicity of compounding of Interest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ change/revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (iv) To to receive and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fit; (v) Without to obtain refinance facility or loan from any bank, company, institution or body, against any security that may have been furnished by the Borrower to the Bank; (vi) without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-co- operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including but not limited to the family members members, employers of the holder Borrower etc.) and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vivii) To to disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd), its auditors any refinancing agency, any recovery agency and such third parties including but not limited to rating agencies agencies, family members, employers etc as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and; (viiviii) In in case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's liability under the Loan.; (viiiix) Have have the right, at its discretion, to demand all residual charges including but not limited to any default interest, fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and (ixx) To to determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.

Appears in 2 contracts

Samples: Personal Loan Agreement, Personal Loan Agreement

BANK’S RIGHTS. The Bank shall have a right: (i) In in the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To to revise/ re-schedule the repayment terms/ amount of EMI EMI/ PEMII or any other amounts outstanding there under thereunder and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (i) In . Notwithstanding the event it is unwilling to continue general power vested in the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part Bank by virtue of the Loan without assigning any reason; (ii) To revise/ re-schedule aforesaid covenant, the repayment terms/ amount Bank shall have a right to increase the Interest Rate in case the Borrowers delays submission to the Bank of EMI post disbursal documents or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified information requested by the Bank of such revision or re-scheduling;Bank. (iii) At at any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest Rate, change in EMI for the Floating Rate Loans), periodicity of compounding of Interest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (iv) To to receive and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fit; (v) Without at Borrower’s cost, to insure the Property or to take any measure for the upkeep and preservation of the Property; (vi) to call upon the Borrower to create security in its favour in respect of the said Property or any other property to secure repayment of its dues hereunder; (vii) to obtain refinance facility or loan from any bank, company, institution or body, against any security that may have been furnished by the Borrower to the Bank; (viii) call upon the Borrower(s) to provide such additional security in such form and substance as may be required by the Bank; (ix) without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs or PEMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the BorrowerXxxxxxxx, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including the family members of the holder and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vix) To to disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd)Companies, its auditors any refinancing agency and such third parties including rating agencies as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. Companies and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors guarantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and (viixi) In in case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's ’s liability under the Loan. (viiixii) Have have the right, at its discretion, to demand all residual charges including but not limited to any default interest, fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and; (ixxiii) To to determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent to any credit bureau or in internal records; and (xiv) to undertake any such actions/ steps/ procedures as it deems necessary to substantiate the Borrower’s ownership rights on the Property and to demand from the Borrower all such costs/ charges/ expenses incurred by the Bank towards the same.

Appears in 2 contracts

Samples: Loan for Property Purchase/ Loan Against Property, Loan Agreement

BANK’S RIGHTS. The Bank shall have a right: (i) In in the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason;; Signature of Borrower(s) (ii) To to revise/ re-schedule the repayment terms/ amount of EMI EMI/ PEMII or any other amounts outstanding there under thereunder and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (i) In . Notwithstanding the event it is unwilling to continue general power vested in the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part Bank by virtue of the Loan without assigning any reason; (ii) To revise/ re-schedule aforesaid covenant, the repayment terms/ amount Bank shall have a right to increase the Interest Rate in case the Borrowers delays submission to the Bank of EMI post disbursal documents or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified information requested by the Bank of such revision or re-scheduling;Bank. (iii) At at any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest Rate, change in EMI for the Floating Rate Loans), periodicity of compounding of Interest, method of effecting ting credit of the repayments, etc. without assigning any reason and notify such change/ revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (iv) To to receive and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fit; (v) Without at Borrower's cost, to insure the Property or to take any measure for the upkeep and preservation of the Property; (vi) to call upon the Borrower to create security in its favour in respect of the said Property or any other property to secure repayment of its dues hereunder; (vii) to obtain re finance facility or loan from any bank, company, institution or body, against any security that may have been furnished by the Borrower to the Bank; (viii) call upon the Borrower(s) to provide such additional security in such form and substance as may be required by the Bank; (ix) without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs or PEMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, ,deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual e ctual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including the family members of the holder and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vix) To to disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head officeoff ice, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd)Companies, its auditors any refinancing agency and such third parties including rating agencies as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. Companies and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; andfi (viixi) In in case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's liability under the Loan. (viiixii) Have have the right, at its discretion, to demand all residual charges including but not limited to any default interest, fees, ,late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and; (ixxiii) To to determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount' such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s 's rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-non- payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.; and Signature of Borrower(s)

Appears in 1 contract

Samples: Loan Agreement

BANK’S RIGHTS. The Bank shall have a right: (i) In in the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To to revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under thereunder and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iii) At at any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest Rate), change in EMI for the Floating Rate Loans)any other charges or fees, periodicity of compounding of Interest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ change/revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (iv) To to receive and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fit; (v) Without to obtain refinance facility or loan from any bank, company, institution or body, against any security that may have been furnished by the Borrower to the Bank; (vi) without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-co- operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including but not limited to the family members members, employers of the holder Borrower etc.) and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vivii) To to disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd), its auditors any refinancing agency, any recovery agency and such third parties including but not limited to rating agencies agencies, family members, employers etc as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and; (viiviii) In in case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive r eceive and appropriate the same towards the Borrower's liability under the Loan.; (viiiix) Have have the right, at its discretion, to demand all residual charges including but not limited to any default interest, fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and (ixx) To to determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.

Appears in 1 contract

Samples: Personal Loan Agreement

BANK’S RIGHTS. The Bank shall have a rightshall: (i) In 7.1 in the event it is unwilling to continue the Personal Loan on account of regulatory or other reasons, have the sole right at any time anytime during the tenure tenor of this Agreement, Agreement to recall the entire or part of the Personal Loan without assigning any reasonreason thereof; (ii) To revise/ re-schedule 7.2 have the repayment terms/ amount of EMI or any other amounts outstanding there under sole right to amend at anytime and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iii) At any time or from time to time to amend/ revise any of the terms and & conditions of this Agreement including but not limited to revising/rescheduling the repayment terms / amount of EMI or any other amounts outstanding thereunder, revision of Interest Rate (including the Default Interest Rate), change in EMI for the Floating Rate Loans)any other charges or fees, periodicity of compounding of Interestinterest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ revision change/revision/amendment to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank change/revision and the Borrower agree/s agrees that such revision/ change revision/change/amendment shall become applicable from date of such revision in the records of the Bank; (iv) To receive 7.3 have the right to inspect books of accounts and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable other records maintained by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fit;Borrower; and (v) Without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall 7.4 be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including the family members of the holder and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vi) To disclose any information about the Borrower, his/ their his/her account relationship with the Bank and/ or and/or any default committed by him/ them him/her in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, or such other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd)Bureaus like CIBIL etc ] , its auditors any refinancing agency and such third parties including rating agencies auditors, as the Bank may may, in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Personal Loan and/ or and/or the Borrower from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and (vii) In case the Borrower is an individual, 7.5 be entitled to require the Borrower, in the event of the Borrower opting to resign or retire from the his current employment prior to the age of superannuation or being is discharged or removed from service before such date for any reason whatsoever, to instruct his his/her employer to remit the entire dues or termination benefits (including compensation) becoming payable by in the liability account maintained with the Bank. 7.6 have the right to store financial data of the Borrower. This includes data which is not kept within accounts of IndusInd Bank Limited. 7.7 have a right to apply and/or appropriate and/or set-off any credit balance of the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's liability under the Loan. or any monies/assets (viii) Have the right, at its discretion, to demand all residual charges including but not limited to any default interestproperty, feesassets, late payment chargessecurities, costsshares, etc.stocks, remaining unpaid by and the Borrower, on maturity like) belonging to the Borrower coming in the hands of the Loan; and (ix) To determine any shortfall in payment Bank towards the repayment of outstanding amounts in respect Personal Loan upon occurrence of Event of Default. However, the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount Bank shall not constitute a waiver of be obliged to exercise any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent right given to any credit bureau or in internal recordsit herein.

Appears in 1 contract

Samples: Personal Loan Agreement

BANK’S RIGHTS. The Bank shall have a right: (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s); (iiii) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (iiiv) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iiiv) At any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest RatePenal Charges , change in EMI for the Floating Rate Loans), periodicity of compounding of Interest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/agree/ s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (ivvi) To receive and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fit; (vvii) Without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor Guarantor and the Loan to such agent and the Borrower shall co-operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including the family members of the holder and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (viviii) To disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd), its auditors any refinancing agency and such third parties including rating agencies as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and (viiix) In case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's ’s liability under the Loan. (viiix) Have the right, at its discretion, to demand all residual charges including but not limited to any default interestPenal Charges , fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and (ixxi) To determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.

Appears in 1 contract

Samples: Unsecured Business Loan Agreement

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BANK’S RIGHTS. The Bank shall, in relation to the Limit: a. The Bank shall have a right: (i) an unconditional right to cancel the undrawn/un- availed/ unused portion of the Loan at any time during the subsistence of the Loan, without any further notice to the borrower, for any reason whatsoever. In the event it is unwilling of any such cancellation, all the provisions of this Agreement and all other related documents shall continue to continue be effective and valid and the Loan on account of regulatory or other reasons, Borrower shall repay the outstanding dues under the loan duly and punctually as provided herein. b. have the sole right at any time during the tenure of this Agreement, Agreement to recall revise the entire or part terms and conditions of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower Borrower(s) shall make all future repayments to the Bank according to such revised Schedule terms on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s)revision. (i) In c. have the event it is unwilling sole right to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iii) At any time or from time to time to amend/ revise amend any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Penal Interest Rate, change in EMI for the Floating Rate Loans), periodicity of compounding of Interestinterest, method of effecting credit of the repayments, etc. repayments without assigning any reason and notify such change/ revision to or notifying the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank Borrower(s) and the Borrower agree/s Borrower(s) agree that such revision/ change revision shall become applicable from date of such revision in the records of the Bank; (iv) To d. have the right to receive and adjust any payment payment/s that it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or and/or payable by the Borrower Borrower(s) under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fitAgreement; (v) Without prejudice to e. have the right to enter the Property, inspect books of accounts and other records maintained by the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including Borrower(s); f. have the right and authority to collect and receive on behalf create a charge or mortgage over the Property as security in its own favor or in favor of any third party; g. have the Bank from right to obtain refinance against the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent Limit as aforesaid, the Bank shall it may consider appropriate; h. be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including the family members of the holder and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vi) To disclose any information about the BorrowerBorrower(s), his/ their it's account relationship with the Bank and/ or and/or any default committed by him/ them in repayment of amounts it (whether such information is provided by the Borrower Borrower(s) or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd), its auditors any refinancing Refinancing agency and such third parties including rating agencies as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or Limit and/or the Borrower Borrower(s) from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial institutions and other credit grantors or registered users, as may . i. be specified by the Reserve Bank of India in this behalf; and (vii) In case the Borrower is an individual, entitled to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being is discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including provident fund, gratuity and compensation) becoming payable by the Borrower from his/ their his employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's liability under the LoanLoan facility. (viii) Have the right, at its discretion, to demand all residual charges including but not limited to any default interest, fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and (ix) To determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.

Appears in 1 contract

Samples: Overdraft Facility Agreement

BANK’S RIGHTS. The Bank shall have a right: (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (iiii) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (iiiv) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iiiv) At any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest Rate, change in EMI for the Floating Rate Loans), periodicity of compounding of Interest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (ivvi) To receive and adjust any payment it may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in the manner and order it deems fitt; (vvii) Without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including the family members of the holder and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (viviii) To disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd), its auditors any refinancing agency and such third parties including rating agencies as the Bank may in its sole and exclusive discretion, deem fit t and proper. The Bank shall also be entitled to seek and receive any information as it deems fit t in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by them, to banks/ financial nancial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and (viiix) In case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's liability under the Loan. (viiix) Have the right, at its discretion, to demand all residual charges including but not limited to any default interest, fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and (ixxi) To determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.

Appears in 1 contract

Samples: Unsecured Business Loan Agreement

BANK’S RIGHTS. The Bank shall have a right: (i) In in the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To to revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; Signature of Borrower(s) (i) In the event it is unwilling to continue the Loan on account of regulatory or other reasons, at any time during the tenure of this Agreement, to recall the entire or part of the Loan without assigning any reason; (ii) To revise/ re-schedule the repayment terms/ amount of EMI or any other amounts outstanding there under thereunder and the Borrower shall make all future repayments to the Bank according to such revised Schedule on being notified by the Bank of such revision or re-scheduling; (iii) At at any time or from time to time to amend/ revise any of the terms and conditions of this Agreement including but not limited to revision of Interest Rate (including the Default Interest RatePenal Charges), change in EMI for the Floating Rate Loans)any other charges or fees, periodicity of compounding of Interest, method of effecting credit of the repayments, etc. without assigning any reason and notify such change/ revision to the Borrower. The Borrower will be bound by the change in Interest Rates or such amended terms and conditions as notified by the Bank and the Borrower agree/agree/ s that such revision/ change shall become applicable from date of such revision in the records of the Bank; (iv) To receive and adjust to obtain refinance facility or loan from any payment it bank, company, institution or body, against any security that may receive as an assignee of the insurance policy in relation to the Property and on the life of the Borrower towards the amounts due and/ or payable have been furnished by the Borrower under this Agreement (including principal, interest, fees, charges, expenses, etc.) in to the manner and order it deems fitBank; (v) Without without prejudice to the right of the Bank, to appoint one or more third parties as the Bank may select and to delegate to such third party all or any of its functions, rights and powers under this Agreement relating to the administration of the Loan including the right and authority to collect and receive on behalf of the Bank from the Borrower all due and unpaid EMIs and other amounts due by the Borrower under this Agreement and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting the Borrower, receiving cash/ cheques/ drafts/ mandates from the Borrower and giving valid and effectual receipts and discharge to the Borrower. In the event of the Bank appointing an agent as aforesaid, the Bank shall be entitled to provide information held by the Bank in relation to the Borrower, the guarantor and the Loan to such agent and the Borrower shall co-co- operate with such agent appointed by the Bank in the same manner as it would with the Bank in terms of this Agreement. Notwithstanding the above, in the event of any default by the Borrower, the Borrower expressly accepts and authorises the Bank (and/ or any such third party as the Bank may select) to contact third parties (including but not limited to the family members members, employers of the holder Borrower etc.) and disclose all necessary or relevant information pertaining to the Borrower and the Loan and the Borrower hereby consents to such disclosure by the Bank (and/ or any such third party as the Bank may select). (vi) To to disclose any information about the Borrower, his/ their account relationship with the Bank and/ or any default committed by him/ them in repayment of amounts (whether such information is provided by the Borrower or obtained by the Bank itself and whether in form of repayment conduct, rating or defaults) to its head office, other branch offices, affiliated affliated entities, Reserve Bank of India, other banks, institutions, CIBIL (Credit Information Bureau (India) Ltd), its auditors any refinancing agency, any recovery agency and such third parties including but not limited to rating agencies agencies, family members, employers etc as the Bank may in its sole and exclusive discretion, deem fit and proper. The Bank shall also be entitled to seek and receive any information as it deems fit in connection with the Loan and/ or the Borrower from any third party. The Credit Information Bureau (India) Ltd. and any other agency so authorised may furnish the processed information and data or products thereof prepared by themt hem, to banks/ financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank of India in this behalf; and; (vii) In in case the Borrower is an individual, to require the Borrower, in the event of the Borrower opting to resign or retire from the employment prior to the age of superannuation or being discharged or removed from service before such date for any reason whatsoever, to instruct his employer to remit the entire dues or termination benefits (including compensation) becoming payable by the Borrower from his/ their employer on account of his such cessation of employment and to receive and appropriate the same towards the Borrower's liability under the Loan.; (viii) Have have the right, at its discretion, to demand all residual charges including but not limited to any default interestPenal Charges, fees, late payment charges, costs, etc., remaining unpaid by the Borrower, on maturity of the Loan; and (ix) To to determine any shortfall in payment of outstanding amounts in respect of the Loan as a ‘marginal shortfall amount’ such that non-payment or part-payment of such marginal shortfall amount would not constitute an event of default under this Agreement, however, determination of any amount as marginal shortfall amount shall not constitute a waiver of any of the Bank’s rights in respect of such marginal shortfall amount. Such marginal shortfall amounts shall be due and payable at the time of maturity of the Loan if not paid during the tenor of the Loan. The Bank may also consider not reporting such non-non- payment of marginal shortfall amount as delinquent to any credit bureau or in internal records.

Appears in 1 contract

Samples: Personal Loan Agreement

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