Common use of DELAY/DEFAULT IN PAYMENT Clause in Contracts

DELAY/DEFAULT IN PAYMENT. a) The Borrower shall pay in full the PEMII, EMI and all other amounts without any demur, protest or default and without claiming any set-off or counter claim on the respective Due Dates. No notice, reminder or intimation shall be given to the Borrower regarding his obligation and responsibility to ensure prompt and regular payment of interest, PEMII, EMI and all other amounts payable by the Borrower to the Lender on the respective Due Dates. b) On the happening of any Events of Default as set out in Article 7 of this Agreement such defaulted amount shall carry Default Interest at the rate of interest as mentioned in the Schedule hereto, computed from the respective due dates and shall be compounded on monthly basis. c) Without prejudice to the Lender's other rights, the delay in payment of EMI or PEMII by the Borrower, shall render the Borrower liable to pay additional Interest at the rate mentioned in the Schedule attached hereto (“Additional Interest”) or at such higher rate as per the rules of the Lender in that behalf as in force from time to time and communicated to the Borrower by the Lender in writing. Such additional interest shall be charged/debited to the Borrower's Loan account on the respective Due Dates and shall be deemed to form part of the outstanding Loan. Such interest and other amounts shall accordingly attract Interest at the same rate as applicable to the Loan and as stated in Schedule attached hereto. In such event, the Borrower shall also be liable to pay incidental charges and costs to the Lender.

Appears in 3 contracts

Samples: Mortgage Loan Agreement, Mortgage Loan Agreement, Loan Agreement

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DELAY/DEFAULT IN PAYMENT. a) a. The Borrower shall pay in full the PEMII, EMI and all other amounts without any demur, protest or default and without claiming any set-off or counter claim on the respective Due Dates. No notice, reminder or intimation shall be given to the Borrower regarding his obligation and responsibility to ensure prompt and regular payment of interestInterest, PEMII, EMI and all other amounts payable by the Borrower to the Lender Bank on the respective Due Dates. b) b. On the happening of any Events of Default as set out in Article 7 of this Agreement such defaulted amount shall carry Default Interest at the rate of interest Interest as mentioned in the Schedule heretoII , computed from the respective due dates and shall be compounded on monthly basis. c) c. Without prejudice to the LenderBank's other rights, the delay in payment of EMI or PEMII by the Borrower, shall render the Borrower liable to pay additional Interest at the rate mentioned in the Schedule attached hereto II (“Additional Interest”) or at such higher rate as per the rules of the Lender Bank in that behalf as in force from time to time and communicated to the Borrower by the Lender Bank in writing. Such additional interest Additional Interest shall be charged/debited to the Borrower's Loan account on the respective Due Dates and shall be deemed to form part of the outstanding Loan. Such interest Interest and other amounts shall accordingly attract Interest at the same rate as applicable to the Loan and as stated in Schedule attached heretoII. In such event, the Borrower shall also be liable to pay incidental charges and costs to the LenderBank.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

DELAY/DEFAULT IN PAYMENT. a) The Borrower shall pay in full the PEMII, EMI and all other amounts without any demur, protest or default and without claiming any set-off or counter claim on the respective Due Dates. No notice, reminder or intimation shall be given to the Borrower regarding his obligation and responsibility to ensure prompt and regular payment of interest, PEMIIPMII, EMI Monthly Installment and all other amounts payable by the Borrower to the Lender on the respective Due Dates. b) On the happening of any Events of Default as set out in Article 7 of this Agreement such defaulted amount shall carry Default Interest at the rate of interest as mentioned in the Schedule hereto, computed from the respective due dates and shall be compounded on monthly basis. c) Without prejudice to the Lender's other rights, the rights delay in payment of EMI Monthly Installment or PEMII by the Borrower, PMII shall render the Borrower liable to pay additional Additional Interest at the rate mentioned in the Schedule attached schedule hereto (“Additional Interest”) or at such higher rate as per the rules of the Lender in that behalf as in force from time to time and communicated to the Borrower by the Lender in writing. Such additional interest shall be charged/debited to the Borrower's Loan account on the respective Due Dates and shall be deemed to form part of the outstanding Loan. Such interest and other amounts shall accordingly attract Interest at the same rate as applicable to the Loan and as stated in Schedule attached heretotime. In such event, the Borrower shall also be liable to pay incidental charges and costs to the Lender. c) Notwithstanding anything contained in these presents or the Transaction Documents, and irrespective of the mode of payment selected by the Borrower in the Application Form, upon any default by the Borrower in payment of one or more Installment on the Due Date pertaining to the Loan or any non- realization of the of the installment on the Due Date by RCFL, RCFL shall be entitled, without prejudice to its other rights under the Loan terms, to present and/or re-present the post dated Cheque issued by the Borrower in favour of RCFL in connection with the Loan. Irrespective of mode of payment/repayment selected by the Borrower in the Application Form, RCFL shall, as it may deem appropriate and necessary, be entitled to require the payment and/or collection of the Installment and all other amounts comprising the Borrower's dues as expressed in the Application Form, or other Post Dated Cheque, if any, submitted by the Borrower by means of ECS, by itself or through such other person permitted for the same, instead of and in lieu of presenting / re-presenting such PDC, if any, issued by the Borrower in favour of RCFL or utilizing any other mode or manner of Payment or re-payment of the Installments and all other amounts comprising the Borrower`s dues, provided that such right of RCFL shall be without prejudice to its other rights under the Loan terms, in case of any failure to receive the Installments or any other amounts due, through the ECS (debit) for any reason whatsoever. d) If the Borrower defaults in making payment of any Installments or any other amounts comprising the Borrower's Dues to RCFL on the respective the Due Date(s), the Borrower shall be liable to pay additional interest at the rate specified in the Application Form (plus applicable interest Tax or other statutory levy) on all such Outstanding /unpaid amounts from the relevant Due Date till the date of payment of such entire amount. Such further interest shall be in addition to any other charges, which the Borrower is liable to pay to RCFL in terms of these presents.

Appears in 2 contracts

Samples: Loan Cum Hypothecation Agreement, Loan Agreement

DELAY/DEFAULT IN PAYMENT. a) The Borrower shall pay in full the Borrower's Dues including, without limitation, the PEMII, EMI and all other amounts without any demur, protest or default and without claiming any set-off or counter claim counterclaim on the respective Due Dates. No notice, reminder or intimation shall be given to the Borrower regarding his obligation for effecting payment on the Due Dates and it shall be the Borrower's sole responsibility to ensure prompt and regular payment of interest, PEMII, EMI Borrower's Dues and all other amounts payable by the Borrower to the Lender on the respective Due Dates. b) On the happening of any Events of Default as set out in Article 7 Article7 of this Agreement such defaulted amount the outstanding amounts shall carry Default Extra Interest at the rate of interest as mentioned in serial number B (v) of the Schedule hereto, computed from the respective due dates Due Dates and shall be compounded on monthly basis. c) Without prejudice to the Lender's other rights, the delay in payment of EMI or PEMII by the Borrower, shall render the Borrower liable to pay additional Interest at the rate mentioned in serial number B (iv) of the Schedule attached hereto (“Additional Interest”) or at such higher rate as per the rules of the Lender in that behalf as in force from time to time and communicated to the Borrower by the Lender in writing. Such additional interest writing which revised rate shall be charged/debited to effective prospectively over and above the Borrower's Loan account on applicable rate of interest, computed from the respective Due Dates and shall be deemed to form part of the outstanding Loancompounded at monthly rests. Such further interest and shall be in addition to any other amounts charges, which the Borrower is liable to pay to RCFL in terms of these presents. The Additional Interest shall accordingly attract Interest at the same rate as applicable be in addition to the Loan Further Interest and as stated shall be payable on demand and in Schedule attached heretothe absence of any such demand on the next Due Date occurring after the date of such default. In such event, the Borrower shall also be liable to pay incidental charges charges, costs and costs Taxes to the Lender. d) The levy and payment by the Borrower of Additional Interest, Extra Interest or any other amounts shall be without prejudice to the Lender's other rights hereunder and under Applicable Law in respect of such default including, without limitation, the Lender's right to declare an Event of Default and the enforcement of the rights available to it on the occurrence of an Event of Default.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

DELAY/DEFAULT IN PAYMENT. a) The Borrower shall pay in full the PEMIINo advice, EMI and all other amounts without any demur, protest or default and without claiming any set-off or counter claim on the respective Due Dates. No notice, reminder or intimation shall be given to the Borrower regarding his obligation for payment by Borrower on Due Dates and it shall be Borrower's sole responsibility to ensure prompt and regular payment of interest, PEMIIPMII, EMI Monthly Installment and all other amounts payable by the Borrower to the Lender on the respective Due Dates. b) On the happening of any Events of Default as set out in Article 7 of this Agreement such defaulted amount shall carry Default Interest at the rate of interest as mentioned in the Schedule hereto, computed from the respective due dates and shall be compounded on monthly basis. c) Without prejudice to the Lender's other rights, the delay in payment of EMI Monthly Installment or PEMII by the Borrower, PMII shall render the Borrower liable to pay additional Additional Interest at the rate mentioned in the Schedule attached hereto (“Additional Interest”) or at such higher rate as per the rules of the Lender in that behalf regard as in force from time to time and communicated to the Borrower by the Lender in writing. Such additional interest shall be charged/debited to the Borrower's Loan account on the respective Due Dates and shall be deemed to form part of the outstanding Loan. Such interest and other amounts shall accordingly attract Interest at the same rate as applicable to the Loan and as stated in Schedule attached heretotime. In such event, the Borrower shall also be liable to pay incidental charges and costs to the LenderLender together with Taxes, if any. c) Notwithstanding anything contained in these presents or the Transaction Documents, and irrespective of the mode of payment selected by the Borrower in the Application Form, upon any default by the Borrower in payment of one or more installments on the Due Date pertaining to the Loan or any non- realization of the installment on the Due Date by RCFL, RCFL shall be entitled, without prejudice to its other rights under the Loan terms, to present and/or re-present the PDC issued by the Borrower in favor of RCFL in connection with the Loan. Irrespective of mode of payment/Repayment selected by the Borrower in the Application Form, RCFL shall, as it may deem appropriate and necessary, be entitled to require the payment and/or collection of the installment and all other amounts comprising the Borrower`s Dues as expressed in the Application Form, or other PDC, if any, submitted by the Borrower by means of ECS, by itself or through such other Person permitted for the same, instead of and in lieu of presenting/re-presenting such PDC, if any, issued by the Borrower in favour of RCFL or utilizing any other mode or manner of payment or Repayment of the installments and all other amounts comprising the Borrower's Dues, provided that such right of RCFL shall be without prejudice to its other rights under the Loan terms , in case of any failure to receive the installments or any other amounts due, through the ECS (debit) for any reason whatsoever.

Appears in 1 contract

Samples: Car Loan Agreement

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DELAY/DEFAULT IN PAYMENT. a) The Borrower shall pay in full the PEMII, EMI and all other amounts without any demur, protest or default and without claiming any set-off or counter claim on the respective Due Dates. No notice, reminder or intimation shall be given to the Borrower regarding his obligation and responsibility to ensure prompt and regular payment of interest, PEMII, EMI and all other amounts payable by the Borrower to the Lender Bank on the respective Due Dates. b) On the happening of any Events of Default as set out in Article 7 Clause 9 of this Agreement such defaulted amount shall carry Default Interest at the rate of interest as mentioned in the Schedule hereto, computed from the respective due dates and shall be compounded on monthly basisInterest. c) Without prejudice to the Lender's Bank’s other rights, the delay in payment of EMI or PEMII by the Borrower, shall render the Borrower liable to pay additional Additional Interest at the rate mentioned in the Schedule attached hereto (“Additional Interest”) or at such higher rate as per the rules of the Lender Bank in that behalf as in force from time to time and communicated to the Borrower by the Lender Bank in writing. Such additional interest Additional Interest shall be charged/charged / debited to the Borrower's Loan account Account on the respective Due Dates and shall be deemed to form part of the outstanding LoanBorrower’s Dues. Such interest and other amounts shall accordingly attract Interest at the same rate as applicable to the Loan Facility and as stated in Schedule attached hereto. In such event, the Borrower shall also be liable to pay incidental charges and costs to the LenderBank. x) Xxxxxxxx agrees to pay Default Interest for delay or non submission of prescribed returns/ financials as stipulated in the Sanction Letter.

Appears in 1 contract

Samples: Facility Agreement

DELAY/DEFAULT IN PAYMENT. a) The Borrower shall pay in full the PEMII, EMI and all other amounts without any demur, protest or default and without claiming any set-off or counter claim on the respective Due Dates. No notice, reminder or intimation shall be given to the Borrower regarding his obligation and responsibility to ensure prompt and regular payment of interest, PEMIIPMII, EMI Monthly Installment and all other amounts payable by the Borrower to the Lender on the respective Due Datesdue dates. b) On the happening of any Events of Default as set out in Article 7 of this Agreement such defaulted amount shall carry Default Interest at the rate of interest as mentioned in the Schedule hereto, computed from the respective due dates and shall be compounded on monthly basis. c) Without prejudice to the Lender's other rights, the delay in payment of EMI Monthly Installment or PEMII by the Borrower, PMII shall render the Borrower liable to pay additional Additional Interest at the rate mentioned in the Schedule attached hereto (“Additional Interest”) or at such higher rate as per the rules of the Lender in that behalf as in force from time to time and communicated to the Borrower by the Lender in writing. Such additional interest shall be charged/debited to the Borrower's Loan account on the respective Due Dates and shall be deemed to form part of the outstanding Loan. Such interest and other amounts shall accordingly attract Interest at the same rate as applicable to the Loan and as stated in Schedule attached heretotime. In such event, the Borrower shall also be liable to pay incidental charges and costs to the Lender. c) Notwithstanding anything contained in these presents or the Transaction Documents, and irrespective of the mode of payment selected by the Borrower in the Application Form, upon any default by the Borrower in payment of one or more Installment on the Due Date pertaining to the Loan or any non- realization of the of the installment on the Due Date by RCL, RCL shall be entitled, without prejudice to its other rights under the Loan terms, to present and/or re-present the post dated Cheque issued by the Borrower in favor of RCL in connection with the Loan Irrespective of mode of payment/repayment selected by the Borrower in the Application Form, RCL shall, as it may deem appropriate and necessary, be entitled to require the payment and/or collection of the Installment and all other amounts comprising the Borrower`s dues as expressed in the Application Form, or other Post Dated Cheque, if any, submitted by the Borrower,or by means of ECS, by itself or through such other person permitted for the same, instead of and in lieu of presenting/re-presenting such PDC, if any, issued by the Borrower in favour of RCL or utilizing any other mode or manner of Payment or re payment of the Installments and all other amounts comprising the Borrower`s dues, provided that such right of RCL shall be without prejudice to its other rights under the Loan terms , in case of any failure to receive the Installments or any other amounts due, through the ECS (debit) for any reason whatsoever. d) if the Borrower defaults in making payment of any installments or any other amounts comprising the Borrower's Dues to RCL on the respective the Due Date(s), the Borrower shall be liable to pay additional interest at the rate specified in the Application Form (plus applicable interest Tax or other statutory levy) on all such Outstanding /unpaid amounts from the relevant Due Date till the date of payment of such entire amount. Such further interest shall be in addition to any other charges, which the Borrower is liable to pay to RCL in terms of these presents.

Appears in 1 contract

Samples: Loan Agreement

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