Consequence of an Event of Default. a) On and at any time after the occurrence of an Event of Default, Bank may, by notice to the Borrower/Co-Borrower(s): (i) cancel/recall the Loan whereupon the outstanding Loan along with interest, additional interest, delayed interest, costs, charges and expenses shall become immediately repayable/payable by the Borrower/Co-Borrower(s); and/or (ii) exercise any or all of its rights, remedies and powers under this Agreement; and/or (iii) enforce, sell, invoke, deliver, deal with, take possession, convey, transfer, assign, lease, encumber and/ or dispose off in any manner, any or all of the /security, guarantee(s). b) If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower/Co-Borrower(s) shall forthwith give the Bank notice thereof in writing specifying such Event of Default, or such event. The Borrower/Co- Borrower(s) shall also promptly inform the Bank if and when any statutory notice of winding-up under the provisions of the Xxxxxxxxx Xxx, 0000xx any other law or of any suit or legal process intended to be filed / initiated against the Borrower/Co-Borrower(s), is received by the Borrower/Co-Borrower(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the Bank shall be final, conclusive and binding on the Borrower/Co-Borrower(s) The rights, powers and remedies given to the Bank by this Agreement shall be in addition to all rights powers and remedies given to the Bank by virtue of any other security, statute or rule of law. The Bank may exercise the Bank’s lien or right of set-off with respect to any obligation of the Borrower/Co- Borrower(s) to the Bank in the same manner as if the obligation were unsecured and shall have a lien on all property or securities of the Borrower/Co-Borrower(s) in Xxxxxx's possession or custody whether for safe-keeping or otherwise. Without prejudice to what is stated hereinabove, the Borrower/Co- Borrower(s) hereby expressly agree and confirm that in the event of the Borrower/Co-Borrower(s) failing to pay the outstanding amount of the Loan, in addition to any General or Specific Lien to which the Bank may be entitled by law, the Bank, without prejudice to any of its specific rights under this Agreement shall be at liberty to apply any other money or amounts standing to the credit of the Borrower/Co-Borrower(s) in any account (including fixed deposit account) with the Bank in or towards repayment of the outstanding amount of the Loan, without notice to the Borrower/Co-Borrower(s), on happening of any Event of Default or if upon demand by the Bank, the Loan is not repaid within the prescribed time. In case of any deficit, the deficit amount may be recovered by the Bank from the Borrower/Co-Borrower(s).
Appears in 1 contract
Samples: Loan Agreement
Consequence of an Event of Default. a) On and at any time after the occurrence of an Event of Default, Bank IHFL may, by with or without any notice to any of the BorrowerBorrower and with or without the intervention of the court/Co-Borrower(s):
arbitrator, (i) cancel/recall the Loan whereupon the outstanding Loan along with interest, additional interest, delayed interest, costs, charges and expenses Borrower’s Dues shall become immediately repayable/payable by the Borrower/Co-Borrower(s); and/or
and/or (ii) initiate/exercise any or all of its rights, actions, remedies and powers under this Agreementthe Loan Documents and/or applicable laws; and/or
and/or (iii) enforce, allot, sell, invoke, deliver, deal with, take possession, convey, transfer, assign, lease, sub-lease, encumber and/ or and/or dispose off in any mannermanner (including by private treaty and/or auction), any or all on such terms and conditions including the sale/transfer price of the /securitySecurity or any part/unit thereof as deemed fit by IHFL, guarantee(s)any/ all/part of the Security including the guarantees and/or the demand promissory notes, and/or do such other things in relation to and/or with respect to the Security (any part thereof) which may be permitted under law. If the net sum realized through the enforcement/sale/ transfer of Security is insufficient to cover the Borrower’s Dues, then without prejudice to the other rights and remedies of IHFL under the Loan Documents and/or in law, the Borrower agree(s) and undertake(s) to pay to IHFL forthwith at IHFL’s demand such amount as will make up the shortfall. The decision made by IHFL with respect to any matter under the Loan Documents shall be final and binding on the Borrower.
b) 8.1 If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower/Co-Borrower(s) Borrower shall forthwith give the Bank IHFL notice thereof in writing specifying such Event of Default, or such event. The Borrower/Co- Borrower(s) Borrower shall also promptly inform the Bank IHFL if and when any statutory notice of winding-up under the provisions of the Xxxxxxxxx Xxx, 0000xx any other law applicable laws or of any suit or legal process intended to be filed / initiated against the Borrower/Co-Borrower(s), Borrower is received by the Borrower/Co-Borrower(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the Bank IHFL shall be final, conclusive and binding on the Borrower/Co-Borrower(s) . However, IHFL will act in a reasonable manner while exercising any such discretion given to IHFL under this Agreement. The rights, powers and remedies given to the Bank IHFL by this Agreement shall be in addition to all rights rights, powers and remedies given to the Bank IHFL by virtue of any other security, statute or rule of law. The Bank IHFL may exercise the Banka IHFL’s lien or right of set-off with respect to any obligation of the Borrower/Co- Borrower(s) Borrower to the Bank in the same manner as if the obligation were unsecured IHFL and shall have a lien on all property or securities of the Borrower/Co-Borrower(s) Borrower in Xxxxxx's IHFL’s possession or custody whether for safe-keeping or otherwise. Without prejudice to what is stated hereinabove, the Borrower/Co- Borrower(s) Parties hereby expressly agree and confirm that in the event of the Borrower/Co-Borrower(s) Borrower failing to pay the outstanding amount Borrower’s Dues or on happening of the Loanan Event of Default, in addition to any General or Specific Lien to which the Bank IHFL may be entitled by law, the BankIHFL shall, without prejudice to any of its specific rights under this Agreement shall the Loan Documents, be at liberty to apply any other money or amounts standing to the credit of the Borrower/Co-Borrower(s) Borrower in any account (including fixed deposit account) with the Bank IHFL in or towards repayment of the outstanding amount of the LoanBorrower’s Dues, without any notice to the Borrower/Co-Borrower(s), on happening of any Event of Default or if upon demand by the Bank, the Loan is not repaid within the prescribed time. In case of any deficit/shortfall, the deficit deficit/shortfall amount may be recovered by the Bank IHFL from the Borrower.The Borrower hereby agree and hereby authorise IHFL, and the Borrower shall cause the other Borrower to agree and authorise IHFL, that (a) IHFL shall be entitled to disclose the credit information and other related/Co-Borrower(srelevant information of the Borrower to the Reserve Bank of India, credit information company (e.g. CIBIL and/or other similar entities), statutory/regulatory authorities/bodies, IHFL's banks/financial institutions and other persons/bodies if so required by any of them under, inter alia, any law, regulations, guidelines and/or circulars and/or pursuant to/in connection with the provisions of the Loan Documents; (b) in case any of the Borrower commit(s) default in the payment/repayment of the Borrower’s Dues (or part thereof) and/or upon occurrence of an Event of Default under the Loan Documents, IHFL, the Reserve Bank of India and/or credit information company will have an unqualified right to disclose or publish the name(s) of the Borrower and its/their partners or directors as defaulter(s) in such manner and through such medium as IHFL, the Reserve Bank of India and/or the credit information company in their absolute discretion may think fit; and/or (c) IHFL shall be entitled to use/utilize the credit information and other related/relevant information of the Borrower for the purposes of or in connection with the Loan/future loan(s), if any, to be obtained by any of the Borrower and/or under the provisions of the Loan Documents.
Appears in 1 contract
Samples: Loan Agreement
Consequence of an Event of Default. a) On and at any time after the occurrence of an Event of Default, Bank may, by notice to the Borrower/Co-Borrower(s):
(i) cancel/recall the Loan whereupon the outstanding Loan along with interest, additional interest, delayed interest, costs, charges and expenses shall become immediately repayable/payable by the Borrower/Co-Borrower(s); and/or
(ii) exercise any or all of its rights, remedies and powers under this Agreement; and/or
(iii) enforce, sell, invoke, deliver, deal with, take possession, convey, transfer, assign, lease, encumber and/ or dispose off in any manner, any or all of the /security, guarantee(s).
b) If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower/Co-Borrower(sCoBorrower(s) shall forthwith give the Bank notice thereof in writing specifying such Event of Default, or such event. The Borrower/Co- Co-Borrower(s) shall also promptly inform the Bank if and when any statutory notice of winding-winding- up under the provisions of the Xxxxxxxxx Xxx, 0000xx any other law or of any suit or legal process intended to be filed / initiated against the Borrower/Co-Co- Borrower(s), is received by the Borrower/Co-Borrower(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the Bank shall be final, conclusive and binding on the Borrower/Co-Co- Borrower(s) The rights, powers and remedies given to the Bank by this Agreement shall be in addition to all rights powers and remedies given to the Bank by virtue of any other security, statute or rule of law. The Bank may exercise the Bank’s lien or right of set-off with respect to any obligation of the Borrower/Co- Co-Borrower(s) to the Bank in the same manner as if the obligation were unsecured and shall have a lien on all property or securities of the Borrower/Co-Borrower(s) in XxxxxxLender's possession or custody whether for safe-safe- keeping or otherwise. Without prejudice to what is stated hereinabove, the Borrower/Co- Borrower(sCoBorrower(s) hereby expressly agree and confirm that in the event of the Borrower/Co-Borrower(s) failing to pay the outstanding amount of the Loan, in addition to any General or Specific Lien to which the Bank may be entitled by law, the Bank, without prejudice to any of its specific rights under this Agreement shall be at liberty to apply any other money or amounts standing to the credit of the Borrower/Borrower/ Co-Borrower(s) in any account (including fixed deposit account) with the Bank in or towards repayment of the outstanding amount of the Loan, without notice to the Borrower/Co-Borrower(s), on happening of any Event of Default or if upon demand by the Bank, the Loan is not repaid within the prescribed time. In case of any deficit, the deficit amount may be recovered by the Bank from the Borrower/Co-Borrower(s).
Appears in 1 contract
Samples: Loan Agreement
Consequence of an Event of Default. a) 8.1 On and at any time after the occurrence of an Event of Default, Bank IHFL may, by with or without any notice to any of the BorrowerBorrower(s) and with or without the intervention of the court/Co-Borrower(s):
arbitrator, (i) cancel/recall the Loan whereupon the outstanding Loan along with interest, additional interest, delayed interest, costs, charges and expenses Borrower's Dues shall become immediately repayable/payable by the Borrower/Co-Borrower(s); and/or
and/or (ii) initiate/exercise any or all of its rights, actions, remedies and powers under this Agreementthe Loan Documents and/or applicable laws; and/or
and/or (iii) enforce, allot, sell, invoke, deliver, deal with, take possession, convey, transfer, assign, lease, sub-lease, encumber and/ or and/or dispose off in any mannermanner (including by private treaty and/or auction), any or all on such terms and conditions including the sale/transfer price of the /securitySecurity or any part/unit thereof as deemed fit by IHFL, guarantee(s)any/ all/part of the Security including the guarantees and/or the demand promissory notes, and/or do such other things in relation to and/or with respect to the Security (any part thereof) which may be permitted under law. If the net sum realized through the enforcement/sale/ transfer of Security is insufficient to cover the Borrower's Dues, then without prejudice to the other rights and remedies of IHFL under the Loan Documents and/or in law, the Borrower agree(s) and undertake(s) to pay to IHFL forthwith at IHFL's demand such amount as will make up the shortfall. The decision made by IHFL with respect to any matter under the Loan Documents shall be final and binding on the Borrower.
b) 8.2 If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower/Co-Borrower(s) Borrower shall forthwith give the Bank IHFL notice thereof in writing specifying such Event of Default, or such eventother event constituting to an Event of Default. The Borrower/Co- Borrower(s) Borrower shall also promptly inform the Bank IHFL if and when any statutory notice of winding-up under the provisions of the Xxxxxxxxx Xxx, 0000xx any other law applicable laws or of any suit or legal process intended to be filed / initiated against the Borrower/Co-Borrower(s), Borrower is received by the Borrower/Co-Borrower(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the Bank IHFL shall be final, conclusive and binding on the Borrower/Co-Borrower(s) . However, IHFL will act in a reasonable manner while exercising any such discretion given to IHFL under this Agreement. The rights, powers and remedies given to the Bank IHFL by this Agreement shall be in addition to all rights rights, powers and remedies given to the Bank IHFL by virtue of any other security, statute or rule of law. The Bank IHFL may exercise the Bank’s a IHFL's lien or right of set-off with respect to any obligation of the Borrower/Co- Borrower(s) Borrower to the Bank in the same manner as if the obligation were unsecured IHFL and shall have a lien on all property Property or securities of the Borrower/Co-Borrower(s) Borrower in XxxxxxIHFL's possession or custody whether for safe-keeping or otherwise. Without prejudice to what is stated hereinabove, the Borrower/Co- Borrower(s) Parties hereby expressly agree and confirm that in the event of the Borrower/Co-Borrower(s) Borrower failing to pay the outstanding amount Borrower's Dues or on happening of the Loanan Event of Default, in addition to any General or Specific Lien to which the Bank IHFL may be entitled by law, the BankIHFL shall, without prejudice to any of its specific rights under this Agreement shall the Loan Documents, be at liberty to apply any other money or amounts standing to the credit of the Borrower/Co-Borrower(s) Borrower in any account (including fixed deposit account) with the Bank IHFL in or towards repayment Repayment of the outstanding amount of the LoanBorrower's Dues, without any notice to the Borrower/Co-Borrower(s), on happening of any Event of Default or if upon demand by the Bank, the Loan is not repaid within the prescribed time. In case of any deficit/shortfall, the deficit deficit/shortfall amount may be recovered by the Bank IHFL from the Borrower. The Borrower hereby agree and hereby authorise IHFL, and the Borrower shall cause the other Borrower to agree and authorise IHFL, that (a) IHFL shall be entitled to disclose the credit information and other related/Co-Borrower(srelevant information of the Borrower to the Reserve Bank of India, credit information company (e.g. CIBIL and/or other similar entities), statutory /regulatory authorities / bodies, IHFL's banks/financial institutions and other persons/bodies if so required by any of them under, inter alia, any law, regulations, guidelines and/or circulars and/or pursuant to/in connection with the provisions of the Loan Documents; (b) in case any of the Borrower commit(s) default in the payment/epayment of the Borrower's Dues (or part thereof) and/or upon occurrence of an Event of Default under the Loan Documents, IHFL, the Reserve Bank of India and/or credit information company will have an unqualified right to disclose or publish the name(s) of the Borrower and its/their partners or directors as defaulter(s) in such manner and through such medium as IHFL, the Reserve Bank of India and/or the credit information company in their absolute discretion may think fit; and/or (c) IHFL shall be entitled to use/utilize the credit information and other related/relevant information of the Borrower for the purposes of or in connection with the Loan/future loan(s), if any, to be obtained by any of the Borrower and/or under the provisions of the Loan Documents.
Appears in 1 contract
Samples: Loan Agreement
Consequence of an Event of Default. a) On and at any time after the occurrence of an Event of Default, Bank may, by notice to the Borrower/Co-Borrower(s):
(i) cancel/recall the Loan whereupon the outstanding Loan along with interest, additional interest, delayed interest, costs, charges and expenses shall become immediately repayable/payable by the Borrower/Co-Borrower(s); ) and/or
(ii) exercise any or all of its rights, remedies and powers under this Agreement; and/or
(iii) enforce, sell, invoke, deliver, deal with, take possession, convey, transfer, assign, lease, encumber and/ or dispose off of in any manner, any or all of the /security, guarantee(s).
b) If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower/Co-Borrower(s) shall forthwith give the Bank notice thereof in writing specifying such Event of Default, Default or such event. The Borrower/Co- Co-Borrower(s) shall also promptly inform the Bank if and when any statutory notice of winding-up under the provisions of the Xxxxxxxxx XxxCompanies Act, 0000xx 2013 or any other law or of any suit or legal process intended to be filed / initiated against the Borrower/Co-Borrower(s), is received by the Borrower/Co-Borrower(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the Bank shall be final, conclusive and binding on the Borrower/Co-Borrower(s) The rights, powers and remedies given to the Bank by this Agreement shall be in addition to all rights powers and remedies given to the Bank by virtue of any other security, statute or rule of law. The Bank may exercise the Bank’s lien or right of set-off with respect to any obligation of the Borrower/Co- Co-Borrower(s) to the Bank in the same manner as if the obligation were unsecured and shall have a lien on all property or securities of the Borrower/Co-Borrower(s) in XxxxxxLender's possession or custody whether for safe-keeping or otherwise. Without prejudice to what is stated hereinabove, the Borrower/Co- Borrower(s) hereby expressly agree and confirm that in the event of the Borrower/Co-Borrower(s) failing to pay the outstanding amount of the Loan, in addition to any General or Specific Lien to which the Bank may be entitled by law, the Bank, without prejudice to any of its specific rights under this Agreement shall be at liberty to apply any other money or amounts standing to the credit of the Borrower/Co-Borrower(s) in any account (including fixed deposit account) with the Bank in or towards repayment of the outstanding amount of the Loan, without notice to the Borrower/Co-Borrower(s), on happening of any Event of Default or if upon demand by the Bank, the Loan is not repaid within the prescribed time. In case of any deficit, the deficit amount may be recovered by the Bank from the Borrower/Co-Borrower(s).
Appears in 1 contract
Samples: Loan Agreement
Consequence of an Event of Default. a) 8.1 On and at any time after the occurrence of an Event of Default, Bank IHFL may, by with or without any notice to any of the BorrowerBorrower(s)and with or without the intervention of the court/Co-Borrower(s):
arbitrator, (i) cancel/recall the Loan whereupon the outstanding Loan along with interest, additional interest, delayed interest, costs, charges and expenses Borrower's Dues shall become immediately repayable/payable by the Borrower/Co-Borrower(s); and/or
and/or (ii) initiate/exercise any or all of its rights, actions, remedies and powers under this Agreementthe Loan Documents and/or applicable laws; and/or
and/or (iii) enforce, allot, sell, invoke, deliver, deal with, take possession, convey, transfer, assign, lease, sub-lease, encumber and/ or and/or dispose off in any mannermanner (including by private treaty and/or auction), any or all on such terms and conditions including the sale/transfer price of the /securitySecurity or any part/unit thereof as deemed fit by IHFL, guarantee(s)any/ all/part of the Security including the guarantees and/or the demand promissory notes, and/or do such other things in relation to and/or with respect to the Security (any part thereof) which may be permitted under law. If the net sum realized through the enforcement/sale/ transfer of Security is insufficient to cover the Borrower's Dues, then without prejudice to the other rights and remedies of IHFL under the Loan Documents and/or in law, the Borrower agree(s) and undertake(s) to pay to IHFL forthwith at IHFL's demand such amount as will make up the shortfall. The decision made by IHFL with respect to any matter under the Loan Documents shall be final and binding on the Borrower.
b) 8.2 If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower/Co-Borrower(s) Borrower shall forthwith give the Bank IHFL notice thereof in writing specifying such Event of Default, or such eventother event constituting to an Event of Default. The Borrower/Co- Borrower(s) Borrower shall also promptly inform the Bank IHFL if and when any statutory notice of winding-up under the provisions of the Xxxxxxxxx Xxx, 0000xx any other law applicable laws or of any suit or legal process intended to be filed / initiated against the Borrower/Co-Borrower(s), Borrower is received by the Borrower/Co-Borrower(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the Bank IHFL shall be final, conclusive and binding on the Borrower/Co-Borrower(s) . However, IHFL will act in a reasonable manner while exercising any such discretion given to IHFL under this Agreement. The rights, powers and remedies given to the Bank IHFL by this Agreement shall be in addition to all rights rights, powers and remedies given to the Bank IHFL by virtue of any other security, statute or rule of law. The Bank IHFL may exercise the Bank’s a IHFL's lien or right of set-off with respect to any obligation of the Borrower/Co- Borrower(s) Borrower to the Bank in the same manner as if the obligation were unsecured IHFL and shall have a lien on all property Property or securities of the Borrower/Co-Borrower(s) Borrower in XxxxxxIHFL's possession or custody whether for safe-keeping or otherwise. Without prejudice to what is stated hereinabove, the Borrower/Co- Borrower(s) Parties hereby expressly agree and confirm that in the event of the Borrower/Co-Borrower(s) Borrower failing to pay the outstanding amount Borrower's Dues or on happening of the Loanan Event of Default, in addition to any General or Specific Lien to which the Bank IHFL may be entitled by law, the BankIHFL shall, without prejudice to any of its specific rights under this Agreement shall the Loan Documents, be at liberty to apply any other money or amounts standing to the credit of the Borrower/Co-Borrower(s) Borrower in any account (including fixed deposit account) with the Bank IHFL in or towards repayment Repayment of the outstanding amount of the LoanBorrower's Dues, without any notice to the Borrower/Co-Borrower(s), on happening of any Event of Default or if upon demand by the Bank, the Loan is not repaid within the prescribed time. In case of any deficit/shortfall, the deficit deficit/shortfall amount may be recovered by the Bank IHFL from the Borrower. The Borrower hereby agree and hereby authorise IHFL, and the Borrower shall cause the other Borrower to agree and authorise IHFL, that (a) IHFL shall be entitled to disclose the credit information and other related/Co-Borrower(srelevant information of the Borrower to the Reserve Bank of India, credit information company (e.g. CIBIL and/or other similar entities), statutory /regulatory authorities / bodies, IHFL's banks/financial institutions and other persons/bodies if so required by any of them under, inter alia, any law, regulations, guidelines and/or circulars and/or pursuant to/in connection with the provisions of the Loan Documents; (b) in case any of the Borrower commit(s) default in the payment/repayment of the Borrower's Dues (or part thereof) and/or upon occurrence of an Event of Default under the Loan Documents, IHFL, the Reserve Bank of India and/or credit information company will have an unqualified right to disclose or publish the name(s) of the Borrower and its/their partners or directors as defaulter(s) in such manner and through such medium as IHFL, the Reserve Bank of India and/or the credit information company in their absolute discretion may think fit; and/or (c) IHFL shall be entitled to use/utilize the credit information and other related/relevant information of the Borrower for the purposes of or in connection with the Loan/future loan(s), if any, to be obtained by any of the Borrower and/or under the provisions of the Loan Documents.
Appears in 1 contract
Samples: Loan Agreement
Consequence of an Event of Default. a) 8.1 On and at any time after the occurrence of an Event of Default, Bank IHFL may, by with or without any notice to any of the Borrower(s) If the net sum realized through the enforcement/sale/ transfer of Security is insufficient to cover the Borrower/Co-Borrower(s):
(i) cancel/recall 's Dues, then without prejudice to the other rights and remedies of IHFL under the Loan whereupon Documents and/or in law, the outstanding Borrower agree(s) and undertake(s) to pay to IHFL forthwith at IHFL's demand such amount as will make up the shortfall. The decision made by IHFL with respect to any matter under the Loan along with interest, additional interest, delayed interest, costs, charges Documents shall be final and expenses shall become immediately repayable/payable by binding on the Borrower/Co-Borrower(s); and/or
(ii) exercise any or all of its rights, remedies and powers under this Agreement; and/or
(iii) enforce, sell, invoke, deliver, deal with, take possession, convey, transfer, assign, lease, encumber and/ or dispose off in any manner, any or all of the /security, guarantee(s).
b) 8.2 If any Event of Default or any event which, after the notice or lapse of time or both would constitute an Event of Default shall have happened, the Borrower/Co-Borrower(s) Borrower shall forthwith give the Bank IHFL notice thereof in writing specifying such Event of Default, or such eventother event constituting to an Event of Default. The Borrower/Co- Borrower(s) Borrower shall also promptly inform the Bank IHFL if and when any statutory notice of winding-up under the provisions of the Xxxxxxxxx Xxx, 0000xx any other law applicable laws or of any suit or legal process intended to be filed / initiated against the Borrower/Co-Borrower(s), Borrower is received by the Borrower/Co-Borrower(s). On the question whether any of the above events/circumstances has occurred/ happened, the decision of the Bank IHFL shall be final, conclusive and binding on the Borrower/Co-Borrower(s) . However, IHFL will act in a reasonable manner while exercising any such discretion given to IHFL under this Agreement. The rights, powers and remedies given to the Bank IHFL by this Agreement shall be in addition to all rights rights, powers and remedies given to the Bank IHFL by virtue of any other security, statute or rule of law. The Bank IHFL may exercise the Bank’s a IHFL's lien or right of set-off with respect to any obligation of the Borrower/Co- Borrower(s) Borrower to the Bank in the same manner as if the obligation were unsecured IHFL and shall have a lien on all property Property or securities of the Borrower/Co-Borrower(s) Borrower in XxxxxxIHFL's possession or custody whether for safe-keeping or otherwise. Without prejudice to what is stated hereinabove, the Borrower/Co- Borrower(s) Parties hereby expressly agree and confirm that in the event of the Borrower/Co-Borrower(s) Borrower failing to pay the outstanding amount Borrower's Dues or on happening of the Loanan Event of Default, in addition to any General or Specific Lien to which the Bank IHFL may be entitled by law, the BankIHFL shall, without prejudice to any of its specific rights under this Agreement shall the Loan Documents, be at liberty to apply any other money or amounts standing to the credit of the Borrower/Co-Borrower(s) Borrower in any account (including fixed deposit account) with the Bank IHFL in or towards repayment Repayment of the outstanding amount of the LoanBorrower's Dues, without any notice to the Borrower/Co-Borrower(s), on happening of any Event of Default or if upon demand by the Bank, the Loan is not repaid within the prescribed time. In case of any deficit/shortfall, the deficit deficit/shortfall amount may be recovered by the Bank IHFL from the Borrower. The Borrower hereby agree and hereby authorise IHFL, and the Borrower shall cause the other Borrower to agree and authorise IHFL, that (a) IHFL shall be entitled to disclose the credit information and other related/Co-Borrower(srelevant information of the Borrower to the Reserve Bank of India, credit information company (e.g. CIBIL and/or other similar entities), statutory /regulatory authorities / bodies, IHFL's banks/financial institutions and other persons/bodies if so required by any of them under, inter alia, any law, regulations, guidelines and/or circulars and/or pursuant to/in connection with the provisions of the Loan Documents; (b) in case any of the Borrower commit(s) default in the payment/epayment of the Borrower's Dues (or part thereof) and/or upon occurrence of an Event of Default under the Loan Documents, IHFL, the Reserve Bank of India and/or credit information company will have an unqualified right to disclose or publish the name(s) of the Borrower and its/their partners or directors as defaulter(s) in such manner and through such medium as IHFL, the Reserve Bank of India and/or the credit information company in their absolute discretion may think fit; and/or (c) IHFL shall be entitled to use/utilize the credit information and other related/relevant information of the Borrower for the purposes of or in connection with the Loan/future loan(s), if any, to be obtained by any of the Borrower and/or under the provisions of the Loan Documents.
Appears in 1 contract
Samples: Loan Agreement