Common use of Repayment and Interest Clause in Contracts

Repayment and Interest. The Borrower agrees to repay the loan ON DEMAND and to pay interest at the rate on the rests specified under schedule II of this agreement, with the rests mentioned therein. The Borrower further agrees as follows: a) On account of upward revision of interest or for any other reason, the Bank will have absolute liberty and discretion to revise the applicable interest rate and in that event the Borrower shall be liable to pay such revised interest rate. In the event of any amendment/ alteration to the effective interest rate on account of the above reasons, then the same shall be deemed to have been substituted here in this Agreement. b) Notwithstanding the above, the Borrower agrees that the Rate of Interest may increase on account of the directives of Reserve Bank of India and in that case the Borrower agrees to pay such revised rate of interest. The Borrower also agrees that if such revised rate of interest is not acceptable, the Borrower shall make repayment of entire amount outstanding in the loan account with the interest, immediately. c) In the event of the account being classified as Non Performing Asset (NPA), the Borrower will be liable to pay interest at an enhanced rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. d) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank e) Interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. f) Interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. g) Interest, commission, discount and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, and the actual number of days elapsed. h) The Borrower(s) further agrees(s) that Bank is at liberty to vary the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date and / or the Spread at such rate(s) as may be decided by the Bank from time to time either on account of a revision in the MCLR of the Bank for the corresponding tenor/ residual tenor and/ or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by the Bank or otherwise as decided by the Bank from time to time/ as per directives of the Reserve Bank of India as the Borrower(s) agree(s) to pay the interest at such revised rate. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank or entry regarding debit of interest in the statement of account shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interest. Provided, further that the interest payable by the Borrower shall also be subject to the changes in the interest rates made by Reserve Bank of India from time to time. i) The principal amount under the respective Facilities shall always include and/or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc. debited in the account of the Borrower from time to time cumulatively. j) The Borrower agrees to service the interest as and when debited in the account

Appears in 1 contract

Samples: Credit Facility Agreement

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Repayment and Interest. A. The Borrower Pledgor/s agrees that the aforesaid cash credit facility is granted for a period of 12 months from this date and the Pledgor/s is liable to make payment of entire dues to the Bank immediately thereafter unless the cash credit facility is renewed by making payment of interest and other charges including fresh appraisal charges and also providing sufficient margin as stipulated by the Bank. Nevertheless, the Pledgor/s also agrees that the cash credit limit recoverable as stated above is at Bank‟s sole and absolute discretion and on such renewal of limit, all terms and conditions of this instrument of pledge and other loan documents executed by the Pledgor/s on this day shall apply to such renewed limit also. Notwithstanding what is stated above, the Pledgor/s hereby agrees that the entire amount under cash credit facility shall become due forthwith and payable on demand by the Bank. B. The Pledgor/s hereby agree to pay to the Bank on demand being made by the Bank the balances then outstanding and owing to the Bank under the said CC/OD account, inclusive of all interest up to the date of payment, together with any service charges, commitment charges, commission, discount, costs, charges and expenses and all other moneys debited or which are debitable to the said CC/OD account hereunder. C. The Pledgor/s agrees to repay the loan ON DEMAND and to pay interest at the rate on the rests specified under schedule II of this agreement, with the rests mentioned therein. . D. The Borrower Pledgor/s further agrees as follows: a) On account of upward revision of interest or for any other reason, the Bank will have absolute liberty and discretion to revise the applicable interest rate and in that event the Borrower Pledgor/s shall be liable to pay such revised interest rate. In the event of any amendment/ alteration to the effective interest rate on account of the above reasons, then the same shall be deemed to have been substituted here in this Agreement. b) Notwithstanding the above, the Borrower Pledgor/s agrees that the Rate of Interest may increase on account of the directives of Reserve Bank of India and in that case the Borrower Pledgor/s agrees to pay such revised rate of interest. The Borrower Pledgor/s also agrees that if such revised rate of interest is not acceptable, the Borrower Pledgor/s shall make repayment of entire amount outstanding in the loan account with the interest, immediately. c) In the event of the account being classified as Non Performing Asset (NPA), the Borrower Pledgor/s will be liable to pay interest at an enhanced rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. d) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower Pledgor/s will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank e) Interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. f) Interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. g) Interest, commission, discount and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, and the actual number of days elapsed. h) The Borrower(s) further agrees(s) that Bank is at liberty to vary the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date and / or the Spread at such rate(s) as may be decided by the Bank from time to time either on account of a revision in the MCLR of the Bank for the corresponding tenor/ residual tenor and/ or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by the Bank or otherwise as decided by the Bank from time to time/ as per directives of the Reserve Bank of India as the Borrower(s) agree(s) to pay the interest at such revised rate. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank or entry regarding debit of interest in the statement of account shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interest. Provided, further that the interest payable by the Borrower shall also be subject to the changes in the interest rates made by Reserve Bank of India from time to time. i) The principal amount under the respective Facilities shall always include and/or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc. debited in the account of the Borrower from time to time cumulatively. j) The Borrower Pledgor/s agrees to service the interest as and when debited in the account

Appears in 1 contract

Samples: Credit Facility Agreement

Repayment and Interest. The Borrower agrees to repay the loan ON DEMAND and to pay interest at the rate on the rests specified under schedule II of this agreement, with the rests mentioned therein. The Borrower further agrees as follows: a) On account of upward revision of interest or for any other reason, the Bank will have absolute liberty and discretion to revise the applicable interest rate and in that event the Borrower shall be liable to pay such revised interest rate. In the event of any amendment/ alteration to the effective interest rate on account of the above reasons, then the same shall be deemed to have been substituted here in this Agreement. b) Notwithstanding the above, the Borrower agrees that the Rate of Interest may increase on account of the change of policy/ directives of Reserve Bank of India and in that case the Borrower agrees to pay such revised rate of interest. The Borrower also agrees that if such revised rate of interest is not acceptable, the Borrower shall make repayment of entire amount outstanding in the loan account with the interest, immediately. c) In the event of the account being classified as Non Performing Asset (NPA), the Borrower will be liable to pay interest at an enhanced rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. d) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank e) Interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. f) Interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. g) Interest, commission, discount and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, and the actual number of days elapsed. h) The Borrower(s) further agrees(s) that Bank is at liberty to vary the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date and / or the Spread at such rate(s) as may be decided by the Bank from time to time either on account of a revision in the MCLR of the Bank for the corresponding tenor/ residual tenor and/ or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by the Bank or otherwise as decided by the Bank from time to time/ as per directives of the Reserve Bank of India as the Borrower(s) agree(s) to pay the interest at such revised rate. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank or entry regarding debit of interest in the statement of account shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interest. Provided, further that the interest payable by the Borrower shall also be subject to the changes in the interest rates made by Reserve Bank of India from time to time. i) The principal amount under the respective Facilities shall always include and/or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc. debited in the account of the Borrower from time to time cumulatively. j) The Borrower agrees to service the interest as and when debited in the account

Appears in 1 contract

Samples: Credit Facility Agreement

Repayment and Interest. The Borrower agrees to repay the loan ON DEMAND as specified under under schedule II (a) of this agreement and to pay interest at the rate on the rests specified under schedule II (b) of this agreement, with the rests mentioned therein. The Borrower further agrees as follows: a) The due date of instalment shall be corresponding to the date of disbursement, after the holiday period (if any specified) as per the periodicity (i.e. monthly/ quarterly/ half yearly/ yearly, as the case may be). b) On account of upward revision of interest or for any other reason, reason,(a) the Bank will have absolute liberty and discretion to revise re-fix the applicable interest rate amount of equated instalment and in that event the Borrower shall be liable to pay repay the loan with revised interest at such revised interest rateinstalment and/or (b) the Bank may at its sole and absolute discretion extend the period of repayment mentioned hereinabove and/or (c) allow the Borrower to make lump sum payment which is sufficient to keep the originally fixed equated instalment amount and repayment period unaltered or the Bank may permit any combination of the aforesaid options. In the event of any amendment/ alteration to the effective interest rate amount of instalment and/or the number of instalments on account of the above reasons, then the same shall be deemed to have been substituted here in this Agreement. c) In case, the facility is granted on fixed interest rate, the Borrower agrees that Bank will have absolute liberty and discretion to reset the rate of interest on any day after the time specified in Schedule II (b) of the agreement or from the date of previous interest rate reset date, as the case may be, and the Borrower undertakes to pay such revised rate of interest. Notwithstanding the above, the Borrower agrees that the Rate of Interest may increase on account of the directives of Reserve Bank of India and in that case the Borrower agrees to pay such revised rate of interest. The Borrower also agrees that if such revised rate of interest is not acceptable, the Borrower shall make repayment of entire amount balance outstanding in the loan account with within a period of three months from the date of reset of rate of interest without pre-payment charges. If the Borrower neither accepts the revised rate of interest nor close the loan within 3 months from the date of reset of rate of interest, immediatelythe Borrower shall be liable to pay interest at the revised rate of interest from the date of interest rate reset and in the event of pre-payment of loan after 3 months from the date of reset, the Borrower agrees to pay additional interest of 2% on the prepaid amount, calculated from the end of 3 month period till the date of pre-closure. cd) In the event of the account being classified as Non Performing Asset (NPA), the Borrower will be liable to pay interest at an enhanced rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. de) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank ef) Interest The interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. fg) Interest The interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. gh) InterestThe interest, commission, discount and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, and the actual number of days elapsed. hi) The Borrower(s) further agrees(s) that Bank is shall at liberty any time by publication in the Notice Board of the concerned branch of the Bank/ Website be entitled to vary the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date and / or the Spread charge interest at such rate(s) as may be decided by higher effective rate or rests than the Bank from time to time either rate and rest mentioned hereinabove, on account of a revision of MCLR and in accordance with the MCLR of the Bank for the corresponding tenor/ residual tenor and/ rate and/or rest revised or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time varied by the Bank or otherwise as decided by the Bank from time to time/ as per directives of the Reserve Bank of India as the Borrower(s) agree(s) to pay the interest at such revised ratebank. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank or entry regarding debit of interest in the statement of account shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interesttime. Provided, Provided further that the interest payable by the Borrower shall also be subject to the changes in the interest rates made by Reserve Bank of India from time to time. ij) The principal amount under the respective Facilities shall always include and/or and/ or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc. debited in the account of the Borrower from time to time cumulatively. j) The Borrower agrees to service the interest as and when debited in the account

Appears in 1 contract

Samples: Credit Facility Agreement

Repayment and Interest. 7.1 The Borrower agrees balance of the Loan outstanding from time to repay the loan ON DEMAND and to pay time shall bear interest at the rate Interest Rate (subject to adjustment pursuant to clause 7 of the RPM Funding Common Terms Agreement (Changes to the calculation of Interest)). Interest on the rests specified under schedule II of this agreement, with the rests mentioned therein. The Borrower further agrees as follows: a) On account of upward revision of interest or for any other reason, the Bank will have absolute liberty and discretion to revise the applicable interest rate and in that event the Borrower shall be liable to pay such revised interest rate. In the event of any amendment/ alteration to the effective interest rate on account of the above reasons, then the same shall be deemed to have been substituted here in this Agreement. b) Notwithstanding the above, the Borrower agrees that the Rate of Interest may increase on account of the directives of Reserve Bank of India and in that case the Borrower agrees to pay such revised rate of interest. The Borrower also agrees that if such revised rate of interest is not acceptable, the Borrower shall make repayment of entire amount Loan outstanding in the loan account with the interest, immediately. c) In the event of the account being classified as Non Performing Asset (NPA), the Borrower will be liable to pay interest at an enhanced rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. d) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank e) Interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. f) Interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. g) Interest, commission, discount and all other charges shall accrue from day to day daily and shall be computed compounded quarterly in arrears and is calculated on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, and the actual number of days elapsedelapsed and a year of 365 (three hundred and sixty five) days. h) The Borrower(s) further agrees(s) that Bank is at liberty to vary the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date and / or the Spread at such rate(s) as may 7.2 Accrued interest shall be decided paid by the Bank from time Borrower to time either the Lender on account of each Repayment Date in accordance with clause 7.4. If any accrued interest is not permitted to be paid on a revision Repayment Date in accordance with the MCLR Global Intercreditor Agreement, then such interest shall be capitalised and form part of the Bank for Loan. 7.3 If the corresponding tenor/ residual tenor and/ or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by the Bank or otherwise as decided by the Bank from time to time/ as per directives of the Reserve Bank of India as the Borrower(s) agree(s) Borrower fails to pay any amount payable by it under this Agreement on its due date, interest shall accrue on such outstanding amounts from the due date of payment up to the date of actual payment (both before and after judgment) at a rate which is 2% per annum higher than the Interest Rate. Any interest at such revised rate. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank or entry regarding debit of interest in the statement of account accruing under this Clause 7.3 shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interest. Provided, further that the interest immediately payable by the Borrower on demand by the Lender. An amount shall also not be regarded as being due and payable for purposes of this clause in the event that there is not sufficient proceeds credited to the Borrower Proceeds Account in order for the Borrower to pay such amount to the Lender on that date in accordance with the terms of the Global Intercreditor Agreement (having regard to all prior payments which the Borrower is required to make in accordance with the Global Intercreditor Agreement). 7.4 Subject to clause 6.1 and 6.2 of the RPM Funding Common Terms (Illegally and Mandatory Prepayments) the Loan together with accrued interest thereon (or a portion thereof, as the case may be) shall, on each Repayment Date, be repaid from the available proceeds, if any, (having regard to all prior payments which the Borrower is required to make from the Borrower Proceeds Account in accordance with the Borrower Cash Waterfall on that date) standing to the credit of the Borrower Proceeds Account subject to and in accordance with the Borrower Cash Waterfall relating to such account as provided for in the Global Intercreditor Agreement, provided that: 7.4.1 by no later than the Interim Repayment Date the Borrower shall apply the proceeds raised, if any, through the Mandatory Debt Refinance contemplated in clause 6.3 (Mandatory Refinancing) of the RPM Funding Common Terms Agreement towards the repayment of the Loan, together with all accrued but unpaid interest thereon and all other amounts then outstanding under this Agreement; and 7.4.2 the Loan together with all accrued but unpaid interest thereon and all other amounts then outstanding under this Agreement shall be repaid by no later than the Final Repayment Date. 7.5 The Borrower and the Lender agree that if the Loan and all other amounts outstanding under this Agreement have not been settled in full by the date falling 6 months prior to the Final Repayment Date they shall consult with each other with a view to agreeing alternative mechanisms to settle the Loan. Should the Borrower and the Lender not be able to agree such alternative mechanism for the settlement of the Loan, then the Loan shall be repayable in full on the Final Repayment Date. 7.6 All payments to be made by the Borrower to the Lender in terms of this Agreement shall, subject to the changes Global Intercreditor Agreement, be, in the event of any payment not being made in full on its due date, appropriated in the first instance to the payment of any costs, charges or expenses, thereafter to interest rates made by Reserve Bank then due and payable, and thereafter in reduction of India from time to time. i) The the principal amount under the respective Facilities shall always include and/or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc. debited in the account of the Borrower from time to time cumulativelyLoan. j) The Borrower agrees to service the interest as and when debited in the account

Appears in 1 contract

Samples: Standby Loan Facility Agreement (Anooraq Resources Corp)

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Repayment and Interest. A. The Borrower Pledgor/s agrees that the aforesaid cash credit facility is granted for a period of 12 months from this date and the Pledgor/s is liable to make payment of entire dues to the Bank immediately thereafter unless the cash credit facility is renewed by making payment of interest and other charges including fresh appraisal charges and also providing sufficient margin as stipulated by the Bank. Nevertheless, the Pledgor/s also agrees that the cash credit limit recoverable as stated above is at Bank‟s sole and absolute discretion and on such renewal of limit, all terms and conditions of this instrument of pledge and other loan documents executed by the Pledgor/s on this day shall apply to such renewed limit also. Notwithstanding what is stated above, the Pledgor/s hereby agrees that the entire amount under cash credit facility shall become due forthwith and payable on demand by the Bank. B. The Pledgor/s hereby agree to pay to the Bank on demand being made by the Bank the balances then outstanding and owing to the Bank under the said CC/OD account, inclusive of all interest up to the date of payment, together with any service charges, commitment charges, commission, discount, costs, charges and expenses and all other moneys debited or which are debitable to the said CC/OD account hereunder. C. The Pledgor/s agrees to repay the loan ON DEMAND and to pay interest at the rate on the rests specified under schedule II of this agreement, with the rests mentioned therein. . D. The Borrower Pledgor/s further agrees as follows: a) On account of upward revision of interest or for any other reason, the Bank will have absolute liberty and discretion to revise the applicable interest rate and in that event the Borrower Pledgor/s shall be liable to pay such revised interest rate. In the event of any amendment/ alteration to the effective interest rate on account of the above reasons, then the same shall be deemed to have been substituted here in this Agreement. b) Notwithstanding the above, the Borrower Pledgor/s agrees that the Rate of Interest may increase on account of the directives of Reserve Bank of India and in that case the Borrower Pledgor/s agrees to pay such revised rate of interest. The Borrower Pledgor/s also agrees that if such revised rate of interest is not acceptable, the Borrower Pledgor/s shall make repayment of entire amount outstanding in the loan account with the interest, immediately. c) In the event of the account being classified as Non Performing Asset (NPA), the Borrower Pledgor/s will be liable to pay interest at an enhanced rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. d) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower Pledgor/s will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank e) Interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. f) Interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. g) Interest, commission, discount and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, and the actual number of days elapsed. h) The Borrower(s) further agrees(s) that Bank is at liberty to vary the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date and / or the Spread at such rate(s) as may be decided by the Bank from time to time either on account of a revision in the MCLR of the Bank for the corresponding tenor/ residual tenor and/ or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by the Bank or otherwise as decided by the Bank from time to time/ as per directives of the Reserve Bank of India as the Borrower(s) agree(s) to pay the interest at such revised rate. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank or entry regarding debit of interest in the statement of account shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interest. Provided, further that the interest payable by the Borrower shall also be subject to the changes in the interest rates made by Reserve Bank of India from time to time. i) The principal amount under the respective Facilities shall always include and/or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc. debited in the account of the Borrower Pledgor/s from time to time cumulatively. j) The Borrower Pledgor/s agrees to service the interest as and when debited in the account

Appears in 1 contract

Samples: Credit Facility Agreement

Repayment and Interest. The Borrower agrees to repay the loan ON DEMAND and to pay interest at the rate on the rests specified under schedule II of this agreement, with the rests mentioned therein1. The Borrower further agrees as follows: a) On account of upward revision of interest or shall repay the said facilities for any other reason, with on a demand in writing made by the Bank will have absolute liberty and discretion to revise or at the applicable interest rate and in that event expiry of 365 days from the date of the first withdrawal from the said facilities is renewed by the bank for a further period a such expiry. 2. The Borrower shall be liable to pay such revised interest rate. In on the event of any amendment/ alteration to the effective interest rate on account of the above reasons, then said facilities @ % per annum and the same shall be deemed to have been substituted here in this Agreement. b) Notwithstanding applied and debited on a monthly/ quarterly basis and shall be paid on the abovefirst day of each month / quarter. All interest, the Borrower agrees that the Rate of Interest may increase on account of the directives of Reserve Bank of India and in that case the Borrower agrees to pay such revised rate of interest. The Borrower also agrees that if such revised rate of interest which is not acceptable, paid on the Borrower due date shall make repayment of entire amount outstanding in the loan account with the interest, immediately. c) In the event of the account being classified as Non Performing Asset (NPA), the Borrower will be liable to pay carry interest at an enhanced the same rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. d) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank e) Interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and due dates shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. f) Interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance quarterly rests. The rate of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. g) Interest, commission, discount and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, interest and the actual number manner of days elapsed. h) The Borrower(s) further agrees(s) that Bank application is at liberty subject to vary the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date and / or the Spread at such rate(s) as may be decided by the Bank from time to time either on account of a revision in the MCLR of the Bank for the corresponding tenor/ residual tenor and/ or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by the Bank or otherwise as decided by the Bank from time to time/ changes as per directives any Directive of the Reserve Bank of India or as the Borrower(s) agree(s) to pay the interest at such revised rate. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of may be determined by the Bank or entry regarding debit of interest in the statement of account shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interest. Provided, further that the interest payable by the Borrower shall also be subject to the changes in the interest rates made by Reserve Bank of India from From time to time. i) The principal amount under the respective Facilities shall always include and/or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc3. debited in the account of the Borrower from time to time cumulatively. j) The Borrower agrees to service pay additional interest @ 2% per annum over and above the rate of interest stipulated in clause 2 above on account of (i) Non submission of statement; and or (ii) failure to pay the principal amount of the said facilities on the due date thereof; and/or (iii) failure to maintain adequate security cover/margin and/or (iv) failure to pay interest. 4. The Borrower agrees that the interest rate applicable to the said facilities is as per any Directive of the Reserve Bank of India or as may be determined by the Bank in respect of packing credit / post shipment finance and when debited it is subject to the condition that the dues under the said facilities are paid out of export proceeds realization. The Borrower agrees that in the accountevent the dues under the said facilities are paid from amount other than out of export proceeds the commercial rate of interest shall be payable on said facilities from the date of availing the said facilities till its entire repayment to the Bank. 5. Any payment due and payable under this loan agreement and made by the Borrower shall be appropriated toward such dues in the following order, viz., (i) Cost, Charges, expenses and other monies. (ii) interest in cost, charges and expenses and other monies; (iii) Interest including additional interest, payable in term of this loan Agreement; (iv) Further interest and liquidated damages and defaulted amounts; (v) Repayment of the Principal amount due and payable under this Loan Agreement;

Appears in 1 contract

Samples: Facilities Agreement

Repayment and Interest. 7.1 The Borrower agrees balance of the Loan outstanding from time to repay the loan ON DEMAND and to pay time shall bear interest at the rate Interest Rate. Interest on the rests specified under schedule II of this agreement, with the rests mentioned therein. The Borrower further agrees as follows: a) On account of upward revision of interest or for any other reason, the Bank will have absolute liberty and discretion to revise the applicable interest rate and in that event the Borrower shall be liable to pay such revised interest rate. In the event of any amendment/ alteration to the effective interest rate on account of the above reasons, then the same shall be deemed to have been substituted here in this Agreement. b) Notwithstanding the above, the Borrower agrees that the Rate of Interest may increase on account of the directives of Reserve Bank of India and in that case the Borrower agrees to pay such revised rate of interest. The Borrower also agrees that if such revised rate of interest is not acceptable, the Borrower shall make repayment of entire amount Loan outstanding in the loan account with the interest, immediately. c) In the event of the account being classified as Non Performing Asset (NPA), the Borrower will be liable to pay interest at an enhanced rate of 2% over and above the then effective rate of interest with monthly rests or such other rate fixed by the Bank from time to time. d) In the „event of default‟ for reasons other than the account becoming NPA, the Borrower will be liable to pay penal interest @ 2% or such other rates fixed by the Bank from time to time, over and above the contractual rate of interest. Provided further that the charging or payment of such enhanced/ additional/ penal rate of interest shall be without prejudice to other rights and remedies of the Bank e) Interest specified in the Sanction Letter or any other provision in the Transaction Documents will be computed from the respective date of drawal and shall become payable upon the footing of compound interest with monthly rests or such other rests as may be prescribed by the Bank from time to time. f) Interest on the outstanding amounts under the Facilities / discount or other charges when debited to the relevant Account by the Bank, shall be calculated on the daily debit balance of such Account. In the event of remittance being made into the account after the normal business hours (i.e. beyond 4 hours from the commencement of business hours), but within the extended business hours, the Bank will have the discretion to value date such remittance on the next succeeding business day for the purpose of calculation of interest. g) Interest, commission, discount and all other charges shall accrue from day to day daily and shall be computed compounded quarterly in arrears and is calculated on the basis of 365 days a year for rupee Facilities and 360 days for foreign currency Facilities, and the actual number of days elapsedelapsed and a year of 365 (three hundred and sixty five) days. h) The Borrower(s) further agrees(s) that Bank 7.2 Accrued interest shall be paid by the Borrower to the Lender on each Repayment Date in accordance with clause 7.4. If any accrued interest is at liberty not permitted to vary be paid on a Repayment Date in accordance with the MCLR at periodic intervals depending on tenor/ residual tenor to next reset date Global Intercreditor Agreement, then such interest shall be capitalised and / form part of the Loan for interest calculation purposes, but shall, for the avoidance of doubt not be taken into account in determining the Available OSCF Commitment or the Spread at such rate(s) as may be decided by Available Guarantee Commitment. 7.3 If the Bank from time to time either on account of a revision in the MCLR of the Bank for the corresponding tenor/ residual tenor and/ or deterioration in credit quality/ rating of the Borrower(s) as assessed from time to time by the Bank or otherwise as decided by the Bank from time to time/ as per directives of the Reserve Bank of India as the Borrower(s) agree(s) Borrower fails to pay any amount payable by it under this Agreement on its due date, interest shall accrue on such outstanding amounts from the due date of payment up to the date of actual payment (both before and after judgment) at a rate which is 2% per annum higher than the Interest Rate. Any interest at such revised rate. The Borrower specifically waives notice of variation of any change in the interest rate/ rest and notice published in Bank‟s Notice Board/Web Site of the Bank or entry regarding debit of interest in the statement of account accruing under this Clause 0 shall be deemed to be sufficient notice of variation in rate of interest/ rest to the Borrower. Further, the Bank will be entitled to effect changes in the „Spread‟ from time to time with due intimation to the Borrower and unless and until notified by the Bank, the prevailing Spread will continue to apply and will be added to the applicable/ revised MCLR to determine the effective rate of interest. Provided, further that the interest immediately payable by the Borrower on demand by the Lender. An amount shall also not be regarded as being due and payable for purposes of this clause in the event that there is not sufficient proceeds credited to the Borrower Proceeds Account in order for the Borrower to pay such amount to the Lender on that date in accordance with the terms of the Global Intercreditor Agreement (having regard to all prior payments which the Borrower is required to make in accordance with the Global Intercreditor Agreement). 7.4 Subject to clause 6.1 and 6.2 of the RPM Funding Common Terms Agreement (Illegality and Mandatory Prepayments) the Loan together with accrued interest thereon (or a portion thereof, as the case may be) shall, on each Repayment Date, be repaid from the available proceeds, if any, (having regard to all prior payments which the Borrower is required to make from the Borrower Proceeds Account in accordance with the Borrower Cash Waterfall on that date) standing to the credit of the Borrower Proceeds Account subject to and in accordance with the Borrower Cash Waterfall relating to such account as provided for in the Global Intercreditor Agreement, provided that: 7.4.1 by no later than the Interim Repayment Date the Borrower shall apply the proceeds raised, if any, through the Mandatory Debt Refinance contemplated in clause 6.3 (Mandatory Refinancing) of the RPM Funding Common Terms Agreement towards the repayment of the Loan, together with all accrued but unpaid interest thereon and all other amounts then outstanding under this Agreement; and 7.4.2 the Loan together with all accrued but unpaid interest thereon and all other amounts then outstanding under this Agreement shall be repaid by no later than the Final Repayment Date. 7.5 The Borrower and the Lender agree that if the Loan and all other amounts outstanding under this Agreement have not been settled in full by the date falling 6 months prior to the Final Repayment Date they shall consult with each other with a view to agreeing alternative mechanisms to settle the Loan. Should the Borrower and the Lender not be able to agree such alternative mechanism for the settlement of the Loan, then the Loan shall be repayable in full on the Final Repayment Date. 7.6 All payments to be made by the Borrower to the Lender in terms of this Agreement shall, subject to the changes Global Intercreditor Agreement, be, in the event of any payment not being made in full on its due date, appropriated in the first instance to the payment of any costs, charges or expenses, thereafter to interest rates made by Reserve Bank then due and payable, and thereafter in reduction of India from time to time. i) The the principal amount under the respective Facilities shall always include and/or shall deem to and include also the interest calculated and debited to the loan account with rests mentioned hereinabove as well as all other charges, costs etc. debited in the account of the Borrower from time to time cumulativelyLoan. j) The Borrower agrees to service the interest as and when debited in the account

Appears in 1 contract

Samples: Loan Facility Agreement (Anooraq Resources Corp)

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