Common use of Repayment Prepayment Clause in Contracts

Repayment Prepayment. (a) The Borrower agrees and undertakes to repay to USFB the Facility availed along with Interest and applicable charges in terms of the Terms & Conditions. The repayment of Facility shall be made on the Due Date(s). The repayment of all amounts under the Facility shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereof. (b) The repayment of the Facility shall be made on the dates chosen by the Borrower (and as mentioned in the Sanction Letter/ Schedule A). In the event any payment/re-payment would otherwise be due on a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Schedule A, if repayment is not made on the respective Due Date(s), as extended by USFB at its discretion through the grace period. (c) The Borrower shall pay all costs, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as mentioned in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous notice to the Borrower. (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB shall be entitled to collect from the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid to USFB by the Borrower in cash or such other mode(s) permitted by USFB. (f) If the Borrower wishes to pre-close the Facility, the same may be done by fulfilling the conditions specified in the Schedule A. (g) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.

Appears in 3 contracts

Samples: Facility Agreement, Facility Agreement, Facility Agreement

AutoNDA by SimpleDocs

Repayment Prepayment. 3.1 The Borrower shall repay the Loan together with interest, accrued interest, charges, expenses and other liabilities hereinafter mentioned, by the number of monthly instalments agreed to by the Company and within the loan tenor offered by the Company and selected by the Borrower and through a designated repayment account, whether maintained with Dah Sing Bank Limited or other banks in Hong Kong (“Repayment Account”). The Borrower irrevocably authorizes the Company to auto-debit the Repayment Account on the payment due date for instalment repayment on monthly basis, subject however to full repayment on demand and undertakes to keep the Repayment Account with adequate funds to meet each monthly repayment as it falls due. 3.2 In general, clearing and settlement of banks in Hong Kong take place from Mondays to Fridays only. If the payment due date for a particular instalment falls (a) The Borrower agrees and undertakes to repay to USFB on a Saturday or a Sunday or a public holiday, the Facility availed along with Interest and applicable charges repayment will be made on the following Monday or the following clearing day in terms of Hong Kong, unless such clearing day shall fall in the Terms & Conditions. The repayment of Facility next calendar month then it shall be made on or as at the Due Date(s). The repayment of all amounts under the Facility shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereof.immediately preceding clearing day; or (b) The on either 29th, 30th or 31st of a month and a particular month does not have that date, the repayment of the Facility shall will be made on the dates chosen by last clearing day in Hong Kong of that month. 3.3 Partial repayment is not allowed. However, prepayment is accepted provided that the Borrower (prepayment amount is the multiple of the monthly instalment amount. After each prepayment, the payment due date will be adjusted. 3.4 Early settlement will be permitted on prior notice and on such terms as the Company may at its absolute discretion decide subject to repayment of the entire outstanding principal of the Loan, accrued interest for the current & next month and early settlement handling fee mentioned in the Sanction Letter/ Schedule A)Loan Agreement. In The entire outstanding principal amount of the event any payment/Loan and accrued interest are calculated on the basis of the formula known as the “Rule of 78”. The Company may at its sole discretion determine how the early settlement amount is to be calculated or re-payment would otherwise be due on calculated in such manner (including a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified manner different from that mentioned in the Schedule A, if Borrower’s Personal Loan Application Form). 3.5 Where repayment is not made received by the Company by the payment due date, the Company may make further debits on such other days after the respective Due Date(s)due date as the Company thinks fit and the Borrower agrees to pay for the late repayment charges, handling fees, penalty charges and interest at such rate and from such time as extended by USFB at its discretion through the grace periodCompany may announce. (c) The 3.6 If the Borrower shall pay all costsfails to make any monthly instalments when due, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as a late charge at an interest rate mentioned in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB Loan Agreement on instalment arrears shall be at liberty to terminate payable from the Facility and refuse to allow further drawings thereon at any time without any previous notice due date to the Borrowerdate of actual payment. (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB shall be entitled to collect from the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid to USFB by the Borrower in cash or such other mode(s) permitted by USFB. (f) If the Borrower wishes to pre-close the Facility, the same may be done by fulfilling the conditions specified in the Schedule A. (g) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.

Appears in 2 contracts

Samples: Personal Loan Agreement, Personal Loan Agreement

Repayment Prepayment. (a) The 5.1 Except as otherwise agreed by the Bank, the Borrower agrees and undertakes to shall repay to USFB the principal amount of the Facility availed along with Interest and applicable charges outstanding from time to time on each Repayment Date in terms of an amount equal to the Terms & Conditions. The repayment of Facility shall be made on the Due Date(s). The repayment of all amounts under Repayment Amount provided that: (i) the Facility shall be repaid in full by direct debit from the relevant bank account Final Repayment Date; (ii) the Bank shall be entitled to demand immediate repayment of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day entire amount of the Due Date Facility outstanding if any portion of the principal amount of the Facility or any interest due thereon is not paid as and when it is due to be paid; and (iii) in the Borrower shall at all times ensure event that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is whole or part of any technical error of the Facility outstanding was borrowed in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the abovea currency other than Indian Rupees, the Borrower shall pay to USFB, on demand being made by USFB, may repay with the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment prior written consent of the Facility amount if any instalment of Interest/Facility remains unpaid Bank such outstandings in Indian Rupee equivalent amounts calculated at the exchange date on the Due Date(s) for payment thereofRepayment Date of such Facility. (b) The repayment of the Facility shall be made on the dates chosen by the Borrower (and as mentioned in the Sanction Letter/ Schedule A). In the event any payment/re-payment would otherwise be due on a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Schedule A, if repayment is not made on the respective Due Date(s), as extended by USFB at its discretion through the grace period. (c) 5.2 The Borrower shall pay all costs, charges and expenses of USFB the Bank promptly as and when required to do so by USFBthe Bank. (d5.3 The Bank shall be under no obligation to provide the Borrower with any notice, reminder or other intimation to the Borrower regarding its obligation to pay the amount(s) The principal amounts allowed payable under this Agreement, and it shall be entirely the Borrower’s responsibility to be outstanding from time ensure prompt and regular payment of the amount(s) payable by the Borrower to time under the Facility shall not exceed the maximum principal amount Bank as mentioned and when due and in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous notice to the Borrowermanner provided herein. (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB 5.4 The Borrower shall be entitled to collect from prepay the Borrower applicable charges Facility with the prior written consent of the Bank (which shall be granted at the rate specified in Schedule A hereunder. Any their sole and absolute discretion) and provided that any such charge for bounce of prepayment shall be made subject to payment of PI shall such prepayment costs as may be paid to USFB specified by the Borrower in cash or such other mode(s) permitted by USFBBank. (f) If the Borrower wishes to pre-close the Facility, the same may be done by fulfilling the conditions specified in the Schedule A. (g) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.

Appears in 1 contract

Samples: Facility Agreement (Opto Circuits (India) LTD)

Repayment Prepayment. 3.1 The Borrower shall repay the Loan together with interest, accrued interest, charges, expenses and other liabilities hereinafter mentioned, by the number of monthly instalments agreed to by the Company and within the loan tenor offered by the Company and selected by the Borrower and through a designated repayment account, whether maintained with Dah Sing Bank Limited or other banks in Hong Kong (“Repayment Account”). The Borrower irrevocably authorizes the Company to auto-debit the Repayment Account on the payment due date for instalment repayment on monthly basis, subject however to full repayment on demand and undertakes to keep the Repayment Account with adequate funds to meet each monthly repayment as it falls due. 3.2 In general, clearing and settlement of banks in Hong Kong take place from Mondays to Fridays only. If the payment due date for a particular instalment falls (a) The Borrower agrees and undertakes to repay to USFB on a Saturday or a Sunday or a public holiday, the Facility availed along with Interest and applicable charges repayment will be made on the following Monday or the following clearing day in terms of Hong Kong, unless such clearing day shall fall in the Terms & Conditions. The repayment of Facility next calendar month then it shall be made on or as at the Due Date(s). The repayment of all amounts under the Facility shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereof.immediately preceding clearing day; or (b) The on either 29th, 30th or 31st of a month and a particular month does not have that date, the repayment of the Facility shall will be made on the dates chosen by last clearing day in Hong Kong of that month. 3.3 Partial repayment is not allowed. However, prepayment is accepted provided that the Borrower (prepayment amount is the multiple of the monthly instalment amount. After each prepayment, the payment due date will be adjusted. 3.4 Early settlement will be permitted on prior notice and on such terms as the Company may at its absolute discretion decide subject to repayment of the entire outstanding principal of the Loan and accrued interest. The entire outstanding principal amount of the Loan and accrued interest are calculated in accordance with the method mentioned in the Sanction Letter/ Schedule A). In Loan agreement up to but excluding the event any payment/prepayment date and on the basis of a year of three hundred and sixty five days The Company may at its sole discretion determine how the early settlement amount is to be calculated or re-payment would otherwise be due on a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Schedule A, if calculated. 3.5 Where repayment is not made received by the Company by the payment due date, the Company may make further debits on such other days after the respective Due Date(s)due date as the Company thinks fit and the Borrower agrees to pay for the late repayment charges, handling fees, penalty charges and interest at such rate and from such time as extended by USFB at its discretion through the grace periodCompany may announce. (c) The 3.6 If the Borrower shall pay all costsfails to make any monthly instalments when due, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as a late charge at an interest rate mentioned in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB Loan Agreement on instalment arrears shall be at liberty to terminate payable from the Facility and refuse to allow further drawings thereon at any time without any previous notice due date to the Borrowerdate of actual payment. (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB shall be entitled to collect from the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid to USFB by the Borrower in cash or such other mode(s) permitted by USFB. (f) If the Borrower wishes to pre-close the Facility, the same may be done by fulfilling the conditions specified in the Schedule A. (g) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.

Appears in 1 contract

Samples: Loan Agreement

Repayment Prepayment. The Revolving Credit Loans will be repaid as follows: (a) The Borrower agrees outstanding principal amount of all Revolving Credit Loans is due and undertakes to repay to USFB the Facility availed along with Interest payable, and applicable charges in terms of the Terms & Conditions. The repayment of Facility shall be made on repaid by the Due Date(s). The repayment Borrowers, as their joint and several obligation, in full, not later than the Termination Date and the outstanding principal amount of all amounts under the Facility shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as any Revolving Credit Loan may be stipulated repaid by USFB the Borrowers at any time and from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized time prior to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereof.Termination Date; (b) The repayment If at any time the aggregate outstanding unpaid principal amount of the Facility Revolving Credit Loans exceeds the Borrowing Base in effect at such time, but subject to the provisions of Section 4.7(d), the Borrowers shall be made repay the Revolving Credit Loans in an amount sufficient to reduce the aggregate unpaid principal amount of the Revolving Credit Loans by an amount equal to such excess, together with accrued and unpaid interest on the dates chosen by amount so repaid to the Borrower (and as mentioned in the Sanction Letter/ Schedule A). In the event any payment/re-payment would otherwise be due on a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Schedule A, if repayment is not made on the respective Due Date(s), as extended by USFB at its discretion through the grace period.date of repayment; and (c) The Borrower shall pay all costsRevolving Credit Loans may be prepaid in whole or in part, charges at any time and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under time, on one Business Day's notice, without premium or penalty. The Borrowers hereby instruct the Facility shall not exceed Administrative Agent to repay the maximum principal Revolving Credit Loans outstanding on any day in an amount as mentioned equal to the amount received by the Administrative Agent on such day pursuant to Section 8.1(c); provided that payments received in excess of outstanding Revolving Credit Loans or payments received (when no Default or Event of Default exists) on account of LIBOR Loans which would otherwise result in prepayment of such LIBOR Loans prior to the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out end of the Facility it will advance and/ Interest Period applicable thereto may, upon the instructionof the Borrowers to the Administrative Agent not later than 2:00 p.m. on any Business Day, be applied to the Cash Collateral Account or allow any Investment Account. Repayments pursuant to be outstanding from time to time under the Facility and USFB Section 2.3(b) or (c) shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous notice applied first to the BorrowerBase Rate Revolving Credit Loans and then to LIBOR Loans. (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB shall be entitled to collect from the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid to USFB by the Borrower in cash or such other mode(s) permitted by USFB. (f) If the Borrower wishes to pre-close the Facility, the same may be done by fulfilling the conditions specified in the Schedule A. (g) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Mastec Inc)

Repayment Prepayment. ((a) The Borrower(s) obligation to repay the Loan on the expiry of the Loan is absolute. The Borrower agrees (s) agree (s) and undertakes to repay to USFB the Facility availed Loan along with Interest and applicable charges in terms of interest, as per the Terms & Conditions. The repayment of Facility shall be made on the Due Date(s). The repayment of all amounts under the Facility shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereof. (b) The repayment of the Facility shall be made on the dates chosen by the Borrower (and as mentioned in the Sanction Letter/ Repayment Schedule A). In the event any payment/re-payment would otherwise be due on a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Loan Summary Schedule Aand/ or the Repayment Schedule attached now or made part hereof subject, if repayment is not made on the respective Due Date(s)however, as extended by USFB at its discretion through the grace period. (c) The Borrower shall pay all costs, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as mentioned that in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out event of the Facility it will advance and/ delay or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at preponement of disbursal ( s ) of any time without any previous notice to the Borrower. (e) In case any part of the repayment is bounced owing to insufficient funds or tranche for any reason whatsoever, USFB the date of commencement of EMI shall be entitled 4th day of the calendar month following the month in which all the tranches of the Loan has been disbursed. The computation of the EMI shall be without prejudice of FICCL right’s to collect from re-compute the interest (in case of variation of the rate of interest ) and in such case to re-compute the EMI and such additional interest shall be charged to the Borrower ( s ) outstanding Loan amount. Until the commencement of EMI, the Borrower ( s ) shall make monthly payment of PEMII every month as applicable charges and each such monthly payment of PEMII shall be at the rate specified of interest stated in Schedule A hereunderthe Loan Summary Schedule. Any such charge for bounce Provided however, that in cases the Loan has been disbursed after the 10th day of payment of PI the calendar month and where the next EMI falls due in the month subsequent to succeeding month, the PEMII (as stated in the Loan Summary Schedule) will be capitalized to the principal Loan amount then outstanding and shall be paid added to USFB by and become part of the principal Loan amount. For instance,if a loan of Rs. 100 has been granted on 20th January and regular EMI commences from 4th day of the March, the interest amount for the period between 20th January to 3rd February ( say Rs. 2) will be added to the principal loan amount and further interest will be calculated on the principal amount of Rs. 102 instead of Rs. 100. If the Loan is disbursed in installments, at the request of the Borrower in cash or such other mode(s( s) permitted and if agreed upon by USFB. (f) If the Borrower wishes to pre-close the FacilityFICCL, the same may be done by fulfilling the conditions specified in the Schedule A. (gBorrower(s) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demandFICCL the EMI on the amounts disbursed and outstanding under this Agreement based on the full tenure of the Loan. On each subsequent disbursement of the Loan, all the EMI shall be increased / modified to cover repayment of the entire amounts outstanding under the Facility without demurLoan over the tenure of the Loan. Provided further that the aforesaid period of repayment may be extended, upon the request of the Borrower(s), for such further period by FICCL as FICCL may at its sole discretion deem fit on such terms and conditions as may be mutually agreed upon between the Borrower(s) and FICCL in this behalf as a result of which there may be a revision in the amount or total number of EMIs as aforesaid. The Borrower ( s ) consent (s) that the Borrower (s) has / have no objection to the capitalization of PEMII to the principal Loan and/or to the revision in the amount or total number of EMIs.

Appears in 1 contract

Samples: Loan Agreement

Repayment Prepayment. (a) The Borrower agrees and undertakes to repay to USFB the Facility availed along with Interest and applicable charges in terms of the Terms & Conditions. The repayment of Facility shall be made on the Due Date(s). The repayment of all amounts under the Facility shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereof. (b) The repayment of the Facility shall be made on the dates chosen by the Borrower (and as mentioned in the Sanction Letter/ Schedule A). In the event any payment/re-payment would otherwise be due the repayment date falls on a day which is not a Business DayPublic Holiday, it the repayment shall be due made on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Schedule A, if repayment is not made on the respective Due Date(s), as extended by USFB at its discretion through the grace period. (c) The Borrower shall pay all costs, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as mentioned in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous notice to the Borrower. (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB shall be entitled to collect from the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid to USFB by the Borrower in cash or such other mode(s) permitted by USFB. (f) If the Borrower wishes to pre-close the Facility, the same may be done by fulfilling the conditions specified in the Schedule A. (g) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.

Appears in 1 contract

Samples: Facility Agreement

AutoNDA by SimpleDocs

Repayment Prepayment. (a) The Borrower agrees and undertakes Borrower(s) obligation to repay to USFB the Facility availed Loan on the expiry of the term is absolute. The Borrower(s) shall repay the Loan amount along with Interest and applicable charges interest in terms monthly /quarterly installments as per the Repayment Schedule as set out in the Loan Summary Schedule. The due date for repayment of the Terms & ConditionsInstallments shall be date as set out in Loan Summary Schedule. The repayment Repayment Schedule is without prejudice to the right of Facility FICCL to re compute the interest in case of variation and on such re-computation, payment shall be made on by the Due Date(s)Borrower(s) in accordance with such varied repayment schedule. The repayment of all amounts under Notwithstanding anything to the Facility contrary contained in this Agreement, the Loan shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, repayable on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves FICCL shall have the right to be paid forthwith on demand immediate payment the entire outstanding Loan amount along with all other dues including interest, in respect of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereofLoan. (b) Notwithstanding Article 3.1(a) above and the Repayment Schedule, FICCL shall have the right at any time or from time to time to review and reschedule the Repayment Schedule in such manner and to such an extent as FICCL may, in its sole discretion, decide and the repayment will thereupon be made as per the revised Repayment Schedule. (c) The repayment Borrower(s) shall pay to FICCL such number of advance installments as set out in the Loan Summary Schedule in advance either at the time of execution of the Facility Agreement or at any time thereafter as stipulated by FICCL. The advance installment shall be made on adjusted against the dates chosen by the Borrower (and as mentioned installments in the Sanction Letter/ Schedule A)manner set out in the Loan Summary Schedule. In the event any payment/re-payment would otherwise be due on a day which is FICCL shall not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay any interest on the advance installments. In addition to USFB Late Payment Charges the above, the Borrower(s) may pay the installments in advance; however the FICCL shall not be liable to pay any interest on the advance installment paid. (d) Until the commencement of the installments, the Borrower(s) shall make monthly payment of Pre Equated Monthly Installment Interest every month as applicable, and each such monthly repayment of PEMII shall be at the rate of interest stated in the Loan Summary Schedule. (e) In the event of the Borrower(s) committing a default in the payment of any sum due hereunder, whether by way of repayment of the outstanding balance of the Loan or by way of payment of interest or any payment due and payable by the Borrower(s), or the Borrower(s) committing any breach or default of any other condition of this Agreement or under any other instrument in respect of the Loan, the Borrower(s) shall, in respect of the outstanding amount and in respect of the interest or other amount in default, pay Additional Interest at the rate specified in the Loan Summary Schedule Ahereto with monthly rests or at such periods of rest as FICCL may notify in writing from time to time, if repayment from the date of default till the date of payment. The Borrower(s) expressly agree(s) that the rate of such Additional Interest is not made a fair estimate of the loss likely to be suffered by FICCL by reason of such delay/ default on the respective Due Date(spart of the Borrower(s). The payment of Additional Interest shall not absolve the Borrower(s) of the other obligations including to make timely payments and/or in respect of such default or affect any of the other rights of FICCL including in respect of the default. It is expressly specified that the above is in addition to and FICCL expressly reserves all the other rights that may accrue to it on any default by the Borrower(s). In addition and without prejudice to what is stated hereinabove, as extended by USFB at its discretion through the grace period. (cBorrower(s) The Borrower shall pay also be liable for all costs, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as mentioned which FICCL may pay or incur in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous notice to the Borrower. (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB shall be entitled to collect way resulting from the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid to USFB by the Borrower in cash or such other mode(s) permitted by USFBdefault. (f) If the Borrower wishes The Borrower(s) shall bear and pay to pre-close the Facility, the same may be done by fulfilling the conditions FICCL fees and charges as specified in the Schedule A.Loan Summary Schedule, Charges Sheet and the website of FICCL (xxxx://xxx.xxxxxxxxxxxxxx.xxx/about-us/loan-charges.aspx), and which would include but not limited to documentation and processing charges (non-refundable), Pre-EMI Interest (if applicable), and other charges such as cheque bounce charges, cheque/ECS swap charges, additional interest, prepayment charges and any fee or charges as applicable as per the internal policies of FICCL from time to time, statutory charges or otherwise, payable in respect of the Loan. FICCL shall be entitled to revise the above fee/charges without any notice to the Borrower(s). In addition to the above charges the Borrower(s) shall also bear, pay and reimburse to FICCL, all charges relating to interest tax, service tax, duties (including stamp duty), and taxes (of any description as may be levied from time to time by the government or other authority) and all other cost and expenses whatsoever in connection with (a) application for and the grant and repayment of Loan;(b) recovery and realization of the Loan together with interest;(c) enforcement proceedings, if any. (g) The Pre-EMI Interest, advance installment, insurance premium, documentation charges, transaction/processing charges and/or any other charges under or in connection with the Loan will be deducted from the Loan and only the net amount of the Loan after the deduction of such fees and/or charges shall be disbursed to the Borrower(s). (h) The Borrower(s) shall during the currency of the Loan bear all taxes (including interest and service tax) as may be applicable or as may be levied by the Government or any Government body or authority in relation to the Loan. (i) All payment to be made by the Borrower(s) to FICCL shall be made free and clear of and without any deduction for or on account of any taxes. If the Facility Borrower(s) is required to make such deduction, then, in such case, the sum payable to FICCL shall be increased to the extent necessary to ensure that, after making such deduction, FICCL receives and retains (without any liability for such deduction) a sum equal to the sum which it would have received had such deduction not been made or required to be made. (j) The Borrower hereby acknowledges and confirms that he/she/it is aware and accepts that all fees, charges etc. paid by the Borrower to the Lender at the time of application and/or documentation pertaining to the Loan are towards the one-time costs and/or expenses incurred or to be incurred by the Lender including but not limited to sourcing, verification and legal expenses in connection with the Loan. (k) The Borrower(s) agree(s) declare(s) and confirm(s) that notwithstanding any of the provisions of the Contract Act or any portion is cancelled due other Law or any of the terms and conditions contained in the Agreement and or any security documents, any payment(s) shall unless otherwise agreed to reasons whatsoever, by FICCL in writing be appropriated in the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.manner following:

Appears in 1 contract

Samples: Loan Cum Hypothecation Agreement

Repayment Prepayment. (a) The Borrower Borrower(s)’ obligation to repay the Loan on the expiry of the Loan is absolute. The Borrower(s) agrees and undertakes to repay to USFB the Facility availed Loan along with Interest and applicable charges interest, as per the Repayment Schedule specified in terms the Loan Summary Schedule and/ or the Repayment Schedule attached now or made part hereof subject, however, that in the event of delay or preponement of disbursal(s) of any tranche for any reason whatsoever, the date of commencement of EMI shall be 4th day of the Terms & Conditionscalendar month following the month in which all the tranches of the Loan have been disbursed. The computation of the EMI shall be without prejudice of FICCL right’s to re-compute the interest (in case of variation of the rate of interest ) and in such case to re-compute the EMI and such additional interest shall be charged to the Borrower(s) outstanding Loan amount. Until the commencement of EMI, the Borrower(s) shall make monthly payment of PEMII every month as applicable and each such monthly payment of PEMII shall be at the rate of interest stated in the Loan Summary Schedule. Provided however, that in cases the Loan has been disbursed after the 10th day of the calendar month and where the next EMI falls due in the month subsequent to succeeding month, the PEMII ( as stated in the Loan Summary Schedule) will be capitalized to the principal Loan amount then outstanding and shall be added to and become part of the principal Loan amount. For instance, if a loan of Rs. 100 has been granted on 20th January and regular EMI commences from 4th day of the March, the interest amount for the period between 20th January to 3rd February (say Rs. 2) will be added to the principal loan amount and further interest will be calculated on the principal amount of Rs. 102 instead of Rs. 100. If the Loan is disbursed in installments, at the request of the Borrower(s) and if agreed upon by FICCL, the Borrower(s) shall pay to FICCL the EMI on the amounts disbursed and outstanding under this Agreement based on the full tenure of the Loan. On each subsequent disbursement of the Loan, the EMI shall be increased/modified to cover repayment of Facility shall be made on the Due Date(s). The repayment of all entire amounts outstanding under the Facility shall be by direct debit from Loan over the relevant bank account tenure of the Borrower or in cash or in Loan. Provided further that the aforesaid period of repayment may be extended, upon the request of the Borrower(s), for such other mode further period by FICCL as FICCL may at its sole discretion deem fit on such terms and conditions as may be stipulated by USFB from time to timemutually agreed upon between the Borrower(s) and FICCL in this behalf as a result of which there may be a revision in the amount or total number of EMIs as aforesaid. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure Borrower(s) consents that the funding account is having requisite credit balance Borrower(s) has / have no objection to honour such ACH/ECS/SI. In case there is any technical error the capitalization of PEMII to the principal Loan and/or to the revision in execution the amount or total number of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves the right to demand immediate payment of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereofEMIs. (b) The Notwithstanding Article 3.1(a) above and the Repayment Schedule, FICCL shall have the right at any time or from time to time to review and reschedule the Repayment Schedule in such manner and to such an extent as FICCL may, in its sole discretion, decide and the repayment of the Facility shall will thereupon be made on as per the dates chosen by the Borrower (and as mentioned in the Sanction Letter/ Schedule A). In the event any payment/re-payment would otherwise be due on a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Schedule A, if repayment is not made on the respective Due Date(s), as extended by USFB at its discretion through the grace periodrescheduled EMI. (c) The Borrower Borrower(s) shall pay all costs, charges and expenses to FICCL such number of USFB promptly installments in advance as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as mentioned set out in the Loan Summary Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out either at the time of execution of the Facility it will advance and/ Agreement or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous notice to the Borrower. thereafter as specified by FICCL (e) In case any part of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB “Advance Installment”). The Advance Installment shall be entitled to collect from adjusted against the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid to USFB by the Borrower in cash or such other mode(s) permitted by USFB. (f) If the Borrower wishes to pre-close the Facility, the same may be done by fulfilling the conditions specified installments in the Schedule A. (g) If manner set out in the Facility or Loan Summary Schedule. FICCL shall not be liable to pay any portion is cancelled due to reasons whatsoever, interest on the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demurAdvance installments.

Appears in 1 contract

Samples: Loan Agreement

Repayment Prepayment. (a) The Borrower agrees and undertakes Borrower(s) obligation to repay to USFB the Facility availed Loan on the expiry of the term is absolute. The Borrower(s) shall repay the Loan amount along with Interest and applicable charges interest in terms monthly /quarterly installments as per the Repayment Schedule as set out in the Loan Summary Schedule. The due date for repayment of the Terms & ConditionsInstallments shall be date as set out in Loan Summary Schedule. The repayment Repayment Schedule is without prejudice to the right of Facility SMFG India Credit to re compute the interest in case of variation and on such re-computation, payment shall be made on by the Due Date(s)Borrower(s) in accordance with such varied repayment schedule. The repayment of all amounts under Notwithstanding anything to the Facility contrary contained in this Agreement, the Loan shall be by direct debit from the relevant bank account of the Borrower or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”), in this regard. USFB is authorized to execute the ACH/ECS/SI on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, repayable on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto the date of payment, together with any other charges as demanded by USFB. USFB reserves SMFG India Credit shall have the right to be paid forthwith on demand immediate payment the entire outstanding Loan amount along with all other dues including interest, in respect of the Facility amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereofLoan. (b) The Notwithstanding Article 3.1(a) above and the Repayment Schedule, SMFG India Credit shall have the right at any time or from time to time to review and reschedule the Repayment Schedule in such manner and to such an extent as SMFG India Credit may, in its sole discretion, decide and the repayment will thereupon be informed to the Borrower(s) and made as per the revised Repayment Schedule. (c) Until the commencement of the installments, the Borrower(s) shall make monthly payment of Pre Equated Monthly Installment Interest every month as applicable, and each such monthly repayment of PEMII shall be at the rate of interest stated in the Loan Summary Schedule. (d) In the event of the Borrower(s) committing a default in the payment of any sum due hereunder, whether by way of repayment of the Facility shall be made on outstanding balance of the dates chosen Loan or by way of payment of interest or any payment due and payable by the Borrower (Borrower(s), or the Borrower(s) committing any breach or default of any other condition of this Agreement or under any other instrument in respect of the Loan, the Borrower(s) shall, in respect of the outstanding amount and as mentioned in respect of the Sanction Letter/ Schedule A). In the event any payment/re-payment would otherwise be due on a day which is not a Business Dayinterest or other amount in default, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges Additional Interest at the rate specified in the Loan Summary Schedule Ahereto with monthly rests or at such periods of rest as SMFG India Credit may notify in writing from time to time, if repayment from the date of default till the date of payment. The Borrower(s) expressly agree(s) that the rate of such Additional Interest is not made a fair estimate of the loss likely to be suffered by SMFG India Credit by reason of such delay/ default on the respective Due Date(spart of the Borrower(s). The payment of Additional Interest shall not absolve the Borrower(s) of the other obligations including to make timely payments and/or in respect of such default or affect any of the other rights of SMFG India Credit including in respect of the default. It is expressly specified that the above is in addition to and SMFG India Credit expressly reserves all the other rights that may accrue to it on any default by the Borrower(s). In addition, as extended by USFB at its discretion through and without prejudice to what is stated hereinabove, the grace period. (cBorrower(s) The Borrower shall pay also be liable for all costs, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding which SMFG India Credit may pay or incur in any way resulting from time to time under the Facility shall not exceed the maximum principal amount as mentioned in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous notice to the Borrowerdefault. (e) In case The Borrower(s) shall bear and pay to SMFG India Credit interest, fees and charges as specified in the Loan Summary Schedule, Charges Sheet and the website of SMFG India Credit (xxxx://xxx.xxxxxxxxxxxxxxx.xxx/about-us/loan-charges.aspx), and which would include but not be limited to documentation and processing charges (non-refundable), Pre-EMI Interest (if applicable), Additional Interest and other charges such as cheque bounce charges, cheque/ECS swap charges, prepayment charges and any part fee or charges as applicable as per the internal policies of SMFG India Credit from time to time, statutory charges or otherwise, payable in respect of the repayment is bounced owing to insufficient funds or any reason whatsoever, USFB Loan. SMFG India Credit shall be entitled to collect revise the above fee/charges, with prospective effect, without any notice to the Borrower(s). In addition to the above charges the Borrower(s) shall also bear, pay and reimburse to SMFG India Credit, all charges relating to interest tax, tax on goods and services (GST), duties (including stamp duty), and taxes (of any description as may be levied from the Borrower applicable charges at the rate specified in Schedule A hereunder. Any such charge for bounce of payment of PI shall be paid time to USFB time by the Borrower government or other authority) and all other cost and expenses whatsoever in cash or such other mode(sconnection with (a) permitted by USFBapplication for and the grant and repayment of Loan;(b) recovery and realization of the Loan together with interest;(c) enforcement proceedings, if any. (f) If The insurance premium, documentation charges, transaction/processing charges and/or any other charges under or in connection with the Borrower wishes Loan will be deducted from the Loan and only the net amount of the Loan after the deduction of such fees and/or charges shall be disbursed to pre-close the Facility, the same may be done by fulfilling the conditions specified in the Schedule A.Borrower(s). (g) The Borrower(s) shall during the currency of the Loan bear all taxes (including interest and tax on goods and services) as may be applicable or as may be levied by the Government or any Government body or authority in relation to the Loan. The Borrower(s) hereby explicitly agrees that all payments due to SMFG India Credit of Rs. 2 lakhs and above shall be made in mode other than cash in pursuance to restriction on receipt under Income Tax Act, 1961 / other law or enactment, subject to modification. Where such cash is directly deposited into SMFG India Credit bank account(s) then SMFG India Credit is authorized to pay such amount to Government as set in Income Tax Act, 1961 without appropriation towards payment due. (h) All payment to be made by the Borrower(s) to SMFG India Credit shall be made free and clear of and without any deduction for or on account of any taxes. If the Facility Borrower(s) is required to make such deduction, then, in such case, the sum payable to SMFG India Credit shall be increased to the extent necessary to ensure that, after making such deduction, SMFG India Credit receives and retains (without any liability for such deduction) a sum equal to the sum which it would have received had such deduction not been made or required to be made. (i) The Borrower hereby acknowledges and confirms that he/she/it is aware and accepts that all fees, charges etc. paid by the Borrower to the Lender at the time of application and/or documentation pertaining to the Loan are towards the one-time costs and/or expenses incurred or to be incurred by the Lender including but not limited to sourcing, verification and legal expenses in connection with the Loan. (j) The Borrower(s) agree(s) declare(s) and confirm(s) that notwithstanding any of the provisions of the Contract Act or any portion is cancelled due other Law or any of the terms and conditions contained in the Agreement and or any security documents, any payment(s) shall unless otherwise agreed to reasons whatsoever, by SMFG India Credit in writing be appropriated in the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demur.manner following:

Appears in 1 contract

Samples: Loan Cum Hypothecation Agreement

Repayment Prepayment. (a) The Borrower agrees and undertakes 4.1 Subject as hereinafter provided, the Loan shall be repaid by the Borrowers to repay the Lender in one amount on the Repayment Date. 4.2 On the Delivery Date of each Ship, the Borrowers shall mandatorily prepay to USFB the Facility availed along with Interest and applicable charges in terms Lender an amount of the Terms & Conditions. The repayment Loan equal to the amounts of Facility the Pre-Delivery Advances related to such Ship whereupon the Lender shall be made on the Due Date(s). The repayment of all amounts under the Facility shall be by direct debit from release the relevant bank account Borrower from its obligation under this Loan Agreement and the other Finance Documents to which such Borrower is a party. 4.3 Unless an Event of Default has occurred (whereupon the Borrower provisions of Clause 14.2 shall apply), if at any time during the Pre-Delivery Period for a Ship, that Ship is sold or the Contract for that Ship is assigned, transferred, sold or novated to or in cash or in such other mode as may be stipulated by USFB from time to time. The Borrower shall execute requisite mandate for registering Standing Instructions/ National Automated Clearing House Instructions favour of any person (“NACH”)/ Electronic Clearing Service Instructions (“ECS”)/ Standing Instructions (“SI”with the Lender’s prior written consent), in this regard. USFB is authorized the Borrowers shall mandatorily prepay to execute the ACH/ECS/SI Lender on the Business Day falling on the previous or the subsequent day of the Due Date and the Borrower shall at all times ensure that the funding account is having requisite credit balance to honour such ACH/ECS/SI. In case there is any technical error in execution of ECS/ACH/SI or if the remittance relates to overdue payment or Pre-Closure the Borrower shall make the payment in cash. Notwithstanding the above, the Borrower shall pay to USFB, on demand being made by USFB, the balance then outstanding and owing to USFB inclusive of all Interest upto before the date of payment, together with any other charges as demanded by USFB. USFB reserves (i) either the right to demand immediate payment completion of the Facility sale and delivery of such Ship to the buyers thereof or (ii) the assignment, transfer, novation or sale of the Contract for the relevant Ship, an amount if any instalment of Interest/Facility remains unpaid on the Due Date(s) for payment thereofLoan equal to the amount of the relevant sale or transfer or assignment or novation proceeds (net of commissions). 4.4 On giving not less than fifteen (b15) The repayment of the Facility shall be made on the dates chosen by the Borrower (and as mentioned in the Sanction Letter/ Schedule A). In the event any payment/re-payment would otherwise be due on a day which is not a Business Day, it shall be due on the immediate next Business Day. The Borrower shall be liable to pay to USFB Late Payment Charges at the rate specified in the Schedule A, if repayment is not made on the respective Due Date(s), as extended by USFB at its discretion through the grace period. (c) The Borrower shall pay all costs, charges and expenses of USFB promptly as and when required by USFB. (d) The principal amounts allowed to be outstanding from time to time under the Facility shall not exceed the maximum principal amount as mentioned in the Schedule A hereto, but USFB shall have an absolute discretion to determine how much amount out of the Facility it will advance and/ or allow to be outstanding from time to time under the Facility and USFB shall be at liberty to terminate the Facility and refuse to allow further drawings thereon at any time without any previous days’ prior written notice to the Borrower. (e) In case Lender the Borrowers may prepay all or any part of the repayment is bounced owing Loan (but if in part the amount to insufficient funds be prepaid shall be a multiple of $500,000) at the end of the then current Interest Period. The Borrowers shall obtain any consent or approval from the relevant authorities that may be necessary to make any such prepayment of the Loan or part thereof and if it fails to obtain and/or comply with the terms of such consent or approval and in consequence thereof the Lender has to repay the amount prepaid or the Lender incurs any penalty or loss then the Borrowers shall indemnify the Lender forthwith against all amounts so repaid and/or against all such penalties and losses incurred. 4.5 Each amount payable in respect of the Loan shall be repaid in Dollars. 4.6 Any prepayment of the Loan or any reason whatsoever, USFB part thereof made or deemed to be made under this Agreement shall be entitled to collect from the Borrower applicable charges made together with accrued interest and any other amount payable in accordance with Clauses 5 and/or 12 and (if made otherwise, than at the rate specified in Schedule A hereunder. end of an Interest Period relative to the amounts prepaid) such additional amount (if any) as the Lender may certify as necessary to compensate the Lender for any Broken Funding Costs incurred or to be incurred by it as a result of such prepayment. 4.7 Any such charge for bounce notice of payment of PI prepayment given by the Borrowers under this Agreement shall be paid irrevocable and the Borrowers shall be bound to USFB by the Borrower prepay in cash or accordance with each such other mode(s) permitted by USFBnotice. (f) If 4.8 Any prepayment made under this Agreement and applied against the Borrower wishes to pre-close the Facility, the same Loan may not be done by fulfilling the conditions specified in the Schedule A. (g) If the Facility or any portion is cancelled due to reasons whatsoever, the Borrower shall pay to USFB forthwith upon demand, all the outstanding under the Facility without demurreborrowed hereunder.

Appears in 1 contract

Samples: Loan Agreement (Navios Maritime Holdings Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!