Common use of REGULATORY DECLARATION Clause in Contracts

REGULATORY DECLARATION. Declarations (in case Borrower is a company): By signing this Agreement, the Borrower hereby declares that as at the date hereof, none of its directors or Guarantor (or any of its directors, if applicable) is a director/senior officer of a director/senior officer of a banking company, or in a specified near relation of a director/senior officer of the Lender. Except to the extent disclosed to the Bank, all the Borrower's contracts or agreements with, or any commitments to, any affiliates or group companies (if applicable) are on arm's length basis. Further, no director of the Bank is a director, manager, managing agent, employee or guarantor of the Borrower/its subsidiary/holding company, or holds substantial interest, in the Borrower/its subsidiary/holding company and no directors of any other Bank, including directors of scheduled cooperative bank and directors of subsidiaries/trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower. The Borrower or any directors/ promoters/ associate concerns/ of any of the Borrower (including the Guarantor) are not and, to the best of their knowledge:: (i) on the Export Credit Guarantee Corporation's (ECGC's) specified approval list; or (ii) convicted under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Xxxxxxxxxx Xxx, 0000; or (iii) on RBI's wilful defaulters/ caution list; or (iv) on the Lender's defaulter list; or (v) or not qualified to act as director in accordance with applicable Law. In case where the above negative confirmations/ declarations are not true, then the Borrower shall provide a written declaration with details of such relationship to the Lender. If the details of such declaration change during the term of the Facility, then the Borrower shall promptly provide a written declaration to the Lender of any such changes.

Appears in 2 contracts

Samples: Working Capital Facility Agreement, Loan Agreement

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REGULATORY DECLARATION. 8.1 Declarations (in case Borrower is a company): By signing this Agreement, the Borrower hereby declares that as at the date hereof, none of its directors or Guarantor (or any of its directors, if applicable) is a director/senior officer of a director/senior officer of a banking company, or in a specified near relation of a director/senior officer of the Lender. Except to the extent disclosed to the Bank, all the Borrower's contracts or agreements with, or any commitments to, any affiliates or group companies (if applicable) are on arm's length basis. Further, no director of the Bank is a director, manager, managing agent, employee or guarantor of the Borrower/its subsidiary/holding company, or holds substantial interest, in the Borrower/its subsidiary/holding company and no directors of any other Bank, including directors of scheduled cooperative bank and directors of subsidiaries/trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower. The Borrower or any directors/ promoters/ associate concerns/ of any of the Borrower (including the Guarantor) are not and, to the best of their knowledge:: (i) on the Export Credit Guarantee Corporation's (ECGC's) specified approval list; or (ii) convicted under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Xxxxxxxxxx XxxSmugglingActivitiesAct, 00001974; or (iii) on RBI's wilful defaulters/ caution list; or (iv) on the Lender's defaulter list; or (v) or not qualified to act as director in accordance with applicable Law. In case where the above negative confirmations/ declarations are not true, then the Borrower shall provide a written declaration with details of such relationship to the Lender. If the details of such Version July 2021 [8] declaration change during the term of the Facility, then the Borrower shall promptly provide a written declaration to the Lender of any such changes.

Appears in 1 contract

Samples: Working Capital Facility Agreement

REGULATORY DECLARATION. 8.1 Declarations (in case Borrower is a company): By signing this Agreement, the Borrower hereby declares that as at the date hereof, none of its directors or Guarantor (or any of its directors, if applicable) is a director/senior officer of a director/senior officer of a banking company, or in a specified near relation of a director/senior officer of the Lender. Except to the extent disclosed to the Bank, all the Borrower's contracts or agreements with, or any commitments to, any affiliates or group companies (if applicable) are on arm's length basis. Further, no director of the Bank is a director, manager, managing agent, employee or guarantor of the Borrower/its subsidiary/holding company, or holds substantial interest, in the Borrower/its subsidiary/holding company and no directors of any other Bank, including directors of scheduled cooperative bank and directors of subsidiaries/trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower. The Borrower or any directors/ promoters/ associate concerns/ of any of the Borrower (including the Guarantor) are not and, to the best of their knowledge:: (i) on the Export Credit Guarantee Corporation's (ECGC's) specified approval list; or (ii) convicted under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Xxxxxxxxxx XxxSmugglingActivitiesAct, 00001974; or (iii) on RBI's wilful defaulters/ caution list; or (iv) on the Lender's defaulter list; or (v) or not qualified to act as director in accordance with applicable Law. In case where the above negative confirmations/ declarations are not true, then the Borrower shall provide a written declaration with details of such relationship to the Lender. If the details of such Version January 2022 [8] declaration change during the term of the Facility, then the Borrower shall promptly provide a written declaration to the Lender of any such changes.

Appears in 1 contract

Samples: Working Capital Facility Agreement

REGULATORY DECLARATION. 31.1 Declarations (in case Borrower is a company): By signing this Agreement, the Borrower hereby declares that as at the date hereof, none of its directors or Guarantor (or any of its directors, if applicable) is a director/senior officer of a director/senior officer of a banking company, or in a specified near relation of a director/senior officer of the Lender. Except to the extent disclosed to the Bank, all the Borrower's ’s contracts or agreements with, or any commitments to, any affiliates or group companies (if applicable) are on arm's ’s length basis. Further, no director of the Bank is a director, manager, managing agent, employee or guarantor of the Borrower/its subsidiary/holding company, or holds substantial interest, in the Borrower/its subsidiary/holding company and no directors of any other Bank, including directors of scheduled cooperative bank and directors of subsidiaries/trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower. The Borrower or any directors/ promoters/ associate concerns/ of any of the Borrower (including the Guarantor) are not and, to the best of their knowledge:: (i) on the Export Credit Guarantee Corporation's ’s (ECGC's’s) specified approval list; or (ii) convicted under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Xxxxxxxxxx Xxx, 0000; or (iii) on RBI's ’s wilful defaulters/ caution list; or (iv) on the Lender's ’s defaulter list; or (v) or not qualified to act as director in accordance with applicable Law. In case where the above negative confirmations/ declarations are not true, then the Borrower shall provide a written declaration with details of such relationship to the Lender. If the details of such declaration change during the term of the Facility, then the Borrower shall promptly provide a written declaration to the Lender of any such changes.

Appears in 1 contract

Samples: Loan Agreement

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REGULATORY DECLARATION. 10.1 Declarations (in case Borrower is a company): By signing this Agreement, the Borrower hereby declares that as at the date hereof, none of its directors or Guarantor (or any of its directors, if applicable) is a director/senior officer of a director/senior officer of a banking company, or in a specified near relation of a director/director/ senior officer of the Lender. Except to the extent disclosed to the Bank, all the Borrower's contracts or agreements with, or any commitments to, any affiliates or group companies (if applicable) are on arm's length basis. Further, no director of the Bank is a director, manager, managing agent, employee or guarantor of the Borrower/its subsidiary/holding company, or holds substantial interest, in the Borrower/its subsidiary/holding company and no directors of any other Bank, including directors of scheduled cooperative bank and directors of subsidiaries/trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower. The Borrower or any directors/ promoters/ associate concerns/ of any of the Borrower (including the Guarantor) are not and, to the best of their knowledge:: (i) on the Export Credit Guarantee Corporation's (ECGC's) specified approval list; or (ii) convicted under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Xxxxxxxxxx Xxx, 0000; or (iii) on RBI's wilful defaulters/ caution list; or (iv) on the Lender's defaulter list; or (v) or not qualified to act as director in accordance with applicable Law. In case where the above negative confirmations/ declarations are not true, then the Borrower shall provide a written declaration with details of such relationship to the Lender. If the details of such declaration change during the term of the Facility, then the Borrower shall promptly provide a written declaration to the Lender of any such changes.

Appears in 1 contract

Samples: Dropline Overdraft Facility Agreement

REGULATORY DECLARATION. 27.1 Declarations (in case Borrower is a company): By signing this Agreement, the Borrower hereby declares that as at the date hereof, none of its directors or Guarantor (or any of its directors, if applicable) is a director/senior officer of a director/senior officer of a banking company, or in a specified near relation of a director/senior officer of the Lender. Except to the extent disclosed to the Bank, all the Borrower's ’s contracts or agreements with, or any commitments to, any affiliates or group companies (if applicable) are on arm's ’s length basis. Further, no director of the Bank is a director, manager, managing agent, employee or guarantor of the Borrower/its subsidiary/holding company, or holds substantial interest, in the Borrower/its subsidiary/holding company and no directors of any other Bank, including directors of scheduled cooperative bank and directors of subsidiaries/trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower. The Borrower or any directors/ promoters/ associate concerns/ of any of the Borrower (including the Guarantor) are not and, to the best of their knowledge:: (i) on the Export Credit Guarantee Corporation's ’s (ECGC's’s) specified approval list; or (ii) convicted under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Xxxxxxxxxx Xxx, 0000; or (iii) on RBI's ’s wilful defaulters/ caution list; or (iv) on the Lender's ’s defaulter list; or (v) or not qualified to act as director in accordance with applicable Law. In case where the above negative confirmations/ declarations are not true, then the Borrower shall provide a written declaration with details of such relationship to the Lender. If the details of such declaration change during the term of the Facility, then the Borrower shall promptly provide a written declaration to the Lender of any such changes. 27.2 The Borrower hereby gives specific consent to the Bank/Lender for disclosing / submitting the ‘financial information’ as defined in Section 3 (13 ) of the Insolvency and Bankruptcy Code, 2016 ( ‘Code’ for brief ) read with the relevant Regulations/ Rules framed under the Code, as amended and in force from time to time and as specified there under from time to time, in respect of the Credit/ Financial facilities availed from the Bank/ Lender, from time to time, to any ‘Information Utility’ ( ‘IU’ for brief ) as defined in Section 3 ( 21 ) of the Code, in accordance with the relevant Regulations framed under the Code, and directions issued by Reserve Bank of India to the banks from time to time and hereby specifically agree to promptly authenticate the ‘financial information submitted by the Bank/Lender, as and when requested by the concerned ‘IU”. 27.3 Bank shall be entitled to contact the Borrower and the Guarantor for any promotional campaign/offers through any electronic media including WhatsApp. Timely repayment of the loan facility is essence of this contract.

Appears in 1 contract

Samples: Loan Agreement

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