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Cir-292 Modification in Guidelines On Guarantor

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0% found this document useful (0 votes)
48 views

Cir-292 Modification in Guidelines On Guarantor

Uploaded by

eshavermani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 16

LIC Housing Finance Ltd

Guarantor Form
(For Individual)

Note: Supporting documents to be provided along with this form


Particulars of the guarantor in respect of the application of
Shri / Smt. / M/s. _______________
Application no. _______________

For a loan of Rs. _______________

1. Name of the guarantor : ____________________________________

2. His / her relationship to the : Friend / Co-worker / Relative


applicant Latest
Photograph
3. Age : ____________ Years of the
Guarantor
4. Educational Qualification : with
Signature
5. PAN No. :

6. KYC Documents :

7. Address (Residential) : ________________________________________


________________________________________

(Office / business) : ________________________________________


________________________________________

8. Telephone No. - Residence : _______________________________________


Office : _______________________________________
Mobile No. : _______________________________________

9. E-mail ID : _______________________________________

10. Occupation of the Guarantor :


If in service,
a) Name of the employer : _______________________________________
b) Nature of business carried :
on by the employer _______________________________________
c) Designation : _______________________________________
d) No. of years in Service : _______________________________________

If joined within 1 year


particulars of previous : _______________________________________
employments

If in Business:
a) Name of the undertaking : _______________________________________
b) Constitution : Proprietorship / partnership / Company
(Ver Mar 2022)
Page 1 of 2
LIC Housing Finance Ltd

c) Nature of Business : _______________________________________


d) How many years in same : _______________________________________
Business
e) In case Partner/ Director in
Firm/ Company, Applicant’s: _______________________________________
stake in such entity
f) Details of other businesses : _______________________________________

11. Source of Income : _______________________________________

12. Annual Income from each source: _______________________________________


_______________________________________
_______________________________________

13. Particulars of Net Worth :


Particulars Rs. in lacs
Properties
(in case of more than one property give details of each
property)
Property 1
Address : ____________________________
____________________________

Property 2
Address : ___________________________
___________________________

Shares, Securities, & Investments


Bank Savings
Other Assets – Give Details
Total Assets [A]
Outstanding Loans - Give details as under :
Name of Institution
|Loan availed
|EMI
|Balance Term
Other Liabilities
Total Liabilities [B]
NET WORTH
14. Has the guarantor stood
or agreed to stand as guarantor
for any other borrower? If so,
please give particulars : _____________________________________

I hereby declare that the above particulars are true and correct to my knowledge and belief.

Place: _____________________
Date : Signature of the Guarantor

(Ver Mar 2022)


Page 2 of 2
LIC Housing Finance Ltd

Guarantor Form
(For other than individual)
Note: Supporting documents to be provided along with this form
Particulars of the guarantor in respect of the application of
Shri / Smt. / M/s. _______________
Application no. _______________

For a loan of Rs. _______________

1. Name of the guarantor : ____________________________________

2. Constitution : Partnership Firm/Company/ LLP

3. Year of formation/ Incorporation: ____ Years / __/__/____

4. PAN No. :

5. GST Certificate No :

6. Address (Registered Office) : ________________________________________


________________________________________

(Corporate Office) : ________________________________________


________________________________________

7. Telephone No. - Office : ________________________________________


Mobile No. : ________________________________________
Fax : ________________________________________

8. E-mail ID : ________________________________________
Website : ________________________________________

9. Business Details

a) Nature of Business : _______________________________________


_______________________________________
b) Name of Partner/ Director : _______________________________________
_______________________________________
_______________________________________
c) Shop & Est. certificate no.
Registration certificate : _______________________________________
d) No of years in same : _______________________________________
Business
e) No of Employees Working : _______________________________________
f) Bank with which business
account/s are maintained : _______________________________________

10. Networth of Entity as on __/__/20__ :_____________________________________

(Ver Mar 2022)


Page 1 of 2
LIC Housing Finance Ltd

11. Has the guarantor stood or agreed to stand as guarantor for any other borrower? If so,
please give particulars
Name of Bank Type of loan Guarantee provided for amount

12. Financial Analysis:


Particulars F.Y. _______-_____ F.Y. _______-_____ F.Y. _______-_____
Whether Accounts have been Audited?
Yes / No Yes / No Yes / No
[Strike out what is not applicable]
Rs. Rs. Rs.
Share Capital/ Partner’s capital (incl. Current A/c. bal. of Partners, if
applicable)
Reserves & Surplus
Secured Loans
Unsecured Loans
Fixed Assets
Investments
Current Assets, Loans & Advances, & Deposits
Current Liabilities
Gross Receipts / Turnover [A]
Closing Stock [B]
Total Income [A] + [B] = [C]
Other Operating Expenses (incl. Opening Stock) [D]
Interest on Loans from Banks [E]
Depreciation [F]
Other Expenses [G]
Total Expenses (Excl. Tax) [D] + [E] + [F] + [G] = [H]
Income Tax [I]
Net Profit After Tax [H] – [I] = [J]
Note: kindly submit financial documents (audited financials wherever applicable) for last 3 years.
13. Details of other businesses : _______________________________________

14. Annual Income from other source : ______________________________________


Eg: Rental Inc, commission etc ______________________________________
______________________________________
15. Authorized personnel for entity
Name : ______________________________________
Designation : ______________________________________
Identity Proof : ______________________________________

We hereby declare that the above particulars are true and correct to my knowledge and belief.

Place : _____________________
Date : Signature of the Guarantor

(Ver Mar 2022)


Page 2 of 2
Updated as of March 2022

DEED OF GUARANTEE

THIS DEED OF GUARANTEE (“Deed” OR “Indenture”) made at the place and on the date
as more particularly mentioned in the Schedule attached hereto by the GUARANTOR/S whose
name/s and address/es is/are mentioned in the Schedule attached hereto (hereinafter called as
“Guarantor/s” or “Guarantor/ss” which expression shall unless repugnant to the context or
meaning thereof , be deemed to include, where the Guarantor/s is a company, its successors
and permitted assigns, where the Guarantor/s/s is / are individual/s, his/ her/ their respective
executors, administrators, legal heirs and permitted assigns, where the Guarantor/s is a
partnership firm, the partners for the time being of the firm, and/or the last surviving partner
and the heirs, executors, administrators and legal representatives of each deceased partner,
where the Guarantor/s is a sole proprietor his / her heirs, executors, administrators and
permitted assigns wherever the context or meaning shall so require, or permit)

IN FAVOUR OF

the LIC Housing Finance Ltd., a Company established by the Companies Act of 1956 and
having its Corporate Office at 2nd floor, Bombay Life Building, 45/47 , Veer Nariman Road,
Mumbai – 400 001 and having an Area office as mentioned in the Schedule attached hereto,

hereinafter called “the Company” (which expression, shall include its successors and assigns
wherever the context or meaning shall so require or permit) of the, Second Part.

WHEREAS in consideration of and at the request of the Guarantor/s the Company has agreed
to grant / granted the loan for the purpose and the amount as mentioned in the Schedule attached
hereto (“Loan”) to the Borrower/s whose name/s and address/es is/are mentioned in the
Schedule attached hereto (which expression shall wherever the context or meaning shall so
require or permit include his / her / their respective heirs, executors, administrators, successors,
surviving partners and permitted assigns, as the case may be), the Borrower has entered into an
Agreement with the Company on the date more particularly mentioned in the Schedule attached
hereto (“Loan Agreement”).

AND.

WHEREAS the Guarantor/s has agreed to Guarantee the due repayment of the aforesaid Loan
with interest at the rate stipulated in the above mentioned Loan Agreement for the Loan and
other moneys due there under;

IN CONSIDERATION THEREOF NOW, THIS INDENTURE WITNESETH THAT in


pursuance of the Loan Agreement recited above and in consideration of the Company having
agreed to lend and advance the Loan to the Borrower/s as aforesaid on the condition that the
Guarantor/s would fully guarantee the due repayment thereof with interest and other moneys
remaining due or unpaid to the Company in respect thereof Guarantor/s the Guarantor/s doth
hereby covenant and agree with the Company as follows:

1) Unless otherwise stated or unless the context otherwise requires, in this Deed:

(a) words importing the singular include the plural and vice versa;

pg. 1
Updated as of March 2022
(b) a reference to the Borrower/s may include any individual/s, company/s, partnership
firms, trust, joint venture, association, corporation or other body corporate;

(c) a reference to a clause or Schedule is a reference to that clause of, or that Schedule
to in this Deed;

(d) a reference to a document includes an amendment or supplement to, or replacement


or novation of, that document but disregarding any amendment, supplement,
replacement or novation made in breach of the Loan Document (as defined
hereinafter);

(e) a reference to a party to any document includes that party's heirs, successors,
executors and permitted assigns; and

(f) a reference to a statute or regulation includes its subsequent amendments and/or any
other successor statute or regulation, by whatever name called.

(g) "Guaranteed Obligations" shall mean all debts and monetary liabilities of the
Borrower/s to the Company under or in relation to the Loan or under the Loan
Agreement or under any other agreement or otherwise. However, it is clarified
that in addition to the aforesaid amount the Guarantor/s shall always remain liable
for interest, costs (including but not limited to break-funding costs) and other
liabilities under this Deed and the Loan Agreement (This Deed, the Loan
Agreement and such other agreements executed by the Borrower or the Guarantor/s
in favour of the Company are collectively called as “Loan Documents”).

2) Guarantee and Indemnity

i) If at any time default shall be made by the Borrower in payment of the Guaranteed
Obligations in whole or in part for the time being due and remaining unpaid to the
Company as aforesaid the Guarantor/s shall pay and hereby guarantees the payment
to the Company of the whole of such Guaranteed Obligations which shallthen be
due or remaining unpaid to the Company as aforesaid and will indemnify and keep
indemnified the Company against all losses of principal, interest or other moneys
secured by the Borrower/s and all costs, charges and expense whatsoever which the
Company may incur by reason of any default on the part of the Borrower/s.

ii) That the Company shall have the fullest liberty without affecting the guarantee to
postpone for any time or from time to time the exercise of any power or powers
conferred by or under the said Loan Documents and to exercise same at any time
and in any manner either to enforce or forbear to enforce the covenants for payment
of principal or interest or Guaranteed Obligations or any other covenants contained
or implied in the said Loan Documents or any other remedies or securities available
to the Company there under and the Guarantor/s shall not be released from his/her/
its liability under the Guarantee by any exercise by the Company of its liberty with
reference to the matters aforesaid or any of them or due to any reason of
giving/granting time to the Borrower/s or any other forbearance, act or omission on
the part of the Company any indulgence by the Company to the Borrower or any
other matter or thing whatsoever which under,

pg. 2
Updated as of March 2022
the law relating to sureties would but for this provision have the effect of so
releasing the Guarantor/s from such liability.

iii) The Guarantor/s hereby also guarantees the due observance and performance of
all the terms, conditions and covenants on the part of the Borrower/s contained in
the Loan Documents and the Guarantor/s hereby makes himself personally liable in
such manner in which the Borrower/s is/are liable for the due observance and
performance of the said terms, conditions and covenants.

iv) The Guarantee herein shall be in addition and without prejudice to all other
securities that the Company may have from the Borrower/s or any other person for
any moneys hereby secured and this guarantee shall be enforceable against the
Guarantor/s notwithstanding the securities held by the Company, as aforesaidshall
at the same time when proceedings are taken against the Guarantor/s hereunder be
outstanding or unrealized.

v) In order to give full effect to the Guarantee herein contained the Company shall be
entitled to act as if the Guarantor/s was the principal debtor to the Company having
full responsibility and liability for all payments and covenants guaranteed by him
as aforesaid to the Company and the guarantor hereby waives all his suretyship
rights and other rights if any, which are inconsistent with the above or any other
provisions of this guarantee.

vi) The Guarantee herein contained shall be continuing one for all amounts advanced
and to be advanced by the Company to the Borrower/s under the aforesaid Loan
Documents as also for all interest, costs, expenses (legal or otherwise), charges
and other moneys which may from time to time become due or remain unpaid to
the Company thereunder.

vii) The Guarantee herein contained shall not be determined or affected by insolvency,
reconstitution or retirement or merger or amalgamation and/or death of the
Borrower/s but shall in all respects and for all purposes be binding and operative
against the Guarantor/s until repayment to the full and final satisfaction to the
Company of all moneys secured by and due to the Company under the said Loan
Documents as aforesaid.

viii) Any money or money hereby guaranteed shall become due and payable to the
Company on default being committed by the Borrower/s in payment thereof or as
the Company may at its discretion determine/ decide or otherwise and without
requiring any notice to be served upon the Guarantor/s by the Company.

ix) The Company reserves to itself the right to proceed against the Guarantor/s
personally with or without proceeding against the Borrower/s and without
exhausting its remedies against the Borrower/s or any other security of whatever
nature or kind.

x) The guarantee and the indemnity contained in this Deed shall be additional,separate
and independent obligations of the Guarantor/s and shall survive the termination of
any Loan Documents. The Company may bring an action, suit or proceeding against
the Guarantor/s regardless of whether an action, suit or proceeding is brought
against the Borrower or whether the Borrower be joined in any such action, suit or
proceeding.

pg. 3
Updated as of March 2022
xi) The Guarantor/s's obligations under this Deed shall be discharged only by
performance and then only to the extent of such performance to the complete
satisfaction of the Company. The Guarantor/s’s obligations are not subject to any
prior notice to, demand upon or action against the Borrower.

xii) All payments which the Guarantor/s is required to make under this Deed shall be
made without any set-off, counterclaim or condition and without demur or protest
of any nature.

xiii) The Company may apply any amounts received by it or recovered under any
security, and any other document or agreement which is a security for any of the
Guaranteed Obligations and any other moneys, in any manner and for such purposes
in respect of the Loan Documents as the Company in its sole discretion determines.
Unless otherwise required by the Company, payment made by the Guarantor/s shall
be appropriated in the following order:

(a) fees, costs, charges and expenses;


(b) liquidated damages;
(c) interest; and
(d) principal outstanding due under the Loan Documents.

xiv) If the Guarantor/s or the Borrower at any time pays to the Company an amount less
than the full amount then due and payable to the Company under this Deed, the
Company may allocate and apply such amount received by it in any manner and for
such purposes in respect of the Loan, this Deed or any other Loan Document as the
Company in its sole discretion determines, notwithstanding any instruction that the
Guarantor/s or the Borrower may give to the contrary.

xv) The guarantee and indemnity contained in this Deed shall not be determined or in
any manner prejudiced by any absorption or amalgamation or re-constitution or
alteration in the status of the Company or the Borrower or the Guarantor/s or any
change in the constitutional documents of the Company or the Borrower or the
Guarantor/s but shall ensure to the benefit of the Company or absorbing or
amalgamated or reconstituted or altered entity of the Company.

3) This Guarantee shall be binding on the Guarantor/s, his/ her / its heirs, executors,
administrators, representatives, successors and permitted assigns and shall be enforceable
against him, his/her/ its heirs, executors, administrators, representatives, successors and
permitted assigns.

4) In case it becomes necessary for the Company or the Company at its discretion decides
to file a suit / application for the recovery of the amount due and payable by the
Borrower/s and/ or - Guarantor/s, the Company reserves the right to include in the plaint
for the suit/ application separate or joint prayers in relation to the recovery of the amounts
due as the Company deems fit.

5) The Guarantor/s confirms that on happening of any event as mentioned herein-below or


as mentioned in the Loan Agreement (“Event of Default”) by the Borrower/s / the
Guarantor/s, the Guarantors would forthwith make the payment due, on the Company
notifying such defaults, without demur of protest. In other words, in order to give effect
to the Guarantee the Company would be entitled to proceed against the Guarantor/s as
principal debtor: -

pg. 4
Updated as of March 2022
Events of Default

a) Payment of Dues: If default shall have occurred in payment of interest and/or


Equated Monthly Installments and/or in payment of any other amounts due and
payable to LICHFL within the Term of the LOAN and/or in terms of any other
Agreement/s document/s that may be subsisting or that may be executed between
the BORROWER / Guarantor and LICHFL.

b) Performance of Covenants: If default shall have occurred in the performance of any


other covenants, conditions, representations and/or warranties or agreements on the
part of the BORROWER / Guarantor under the LOAN or any otheragreement/s
between the BORROWER / Guarantor and LICHFL.

c) Supply of Misleading Information: If any information given by the BORROWER


/ Guarantor in the Loan Application or otherwise is found to be misleading or
incorrect in any material respect or any warranty referred to in this Agreement is
found to be incorrect.

d) Attachment or Distraint of Property: If an attachment or distraint is levied on the


PROPERTY or any part thereof and/or recovery proceedings are taken or
commenced for recovery of any dues from the BORROWER / Guarantor.

e) Failure to furnish information/documents: If the BORROWER / Guarantor fails to


furnish, any information/documents as, required by LICHFL.

f) Failure to inform event of default: If the BORROWER / Guarantor fails to inform,


to the LICHFL, the happening of any event of default or any event which after the
notice, or lapse of time, or both, would become an event of default.

g) Non-payment/non-renewal of Cheque: If a cheque in respect of any monthly


payment is not paid on the date thereof or where any such cheque is not renewed
before the date of its payment.

h) Non-delivery of Cheques: If the BORROWER / Guarantor fails to deliver PDCs in


accordance with the terms of the Agreement or as and when demanded by the
LICHFL.

i) Failure to deliver balance confirmation: If the BORROWER / Guarantor fails to


sign and deliver to LICHFL the balance confirmation of Outstanding Amount as
and when so required by the LICHFL in the absence of any manifest error in
calculation of such statement pointed out by the BORROWER / Guarantor within
10 (ten) days after receiving the balance confirmation statement from LICHFL.

j) Security becoming unenforceable: If any Security or guarantee of the LOAN


becomes unenforceable or in fructuous or is challenged by the BORROWER /
Guarantor or any other person.

k) Cross Default: If the BORROWER / Guarantor makes the default under any credit
facility, agreement or arrangement with LICHFL or its subsidiaries and affiliates
or any other Bank / Financial Institution / Non-Banking Financial Company/
Housing Finance Company and other Lender / Creditors and in respect of any credit
facility, agreement or arrangement with the LICHFL or its subsidiaries and
affiliates, and vice-versa.
pg. 5
Updated as of March 2022

l) Short Payment: Where any payment made by the BORROWER / Guarantor to


LICHFL falls short of the payment required to be made by the BORROWER /
Guarantor with respect to the amount due from the BORROWER / Guarantor to
LICHFL.

m) Death: In the event of death of BORROWER / Guarantor.

6) The Guarantor/s shall reimburse, indemnify against and pay to the Company all lossesof
principal, interest, costs, charges, expenses (legal or otherwise) and other moneys due
or payable by the Borrower or under the Loan Documents or which may be incurred in
preparation of these presents and related to and/or incidental documents as also for the
enforcement or attempted enforcement of this Deed.

7) The Company reserves to itself the right to postpone the Loan or give any other facility
to the Borrower/s without in any way affecting the guarantee or discharging the
Guarantor/s.

8) The Company reserves to itself the liberty to increase or decrease the Loan or vary the
rate of interest without in anyway vitiating this Deed of Guarantee.

9) The Guarantor/s confirms that he/ she / it is under no legal disabilities or restriction to
give, execute this Deed Guarantee.

10) The Guarantee herein contained shall not be determined or in any way prejudiced by any
absorption of or by the Company or by any amalgamation or bifurcation thereof or therewith but
shall ensure and be available for the absorbed or amalgamated of bifurcated company and
concern.

11) Any notice or other communication required or permitted hereunder to be served on the
Guarantor/s shall be deemed to be sufficiently served if the same is either personally
delivered or sent by courier or by an email or if sent through registered post with acknowledgment
of receipt at the last known place of abode or business of the Guarantor/s. Such notices
and other communication duly given shall be deemed to be effective:

a) if sent by personal delivery, upon delivery at the address of the relevant Party;
b) if sent by email, immediately upon successful transmission of the said email from the
sender’s system;
c) if sent by post (with acknowledgment of receipt), 2 (two) Business Day after the date
of posting;
d) if sent by courier service, 2 (two) Business Day after the date of dispatch;
e) if sent by any mode as aforesaid, it shall be deemed to have been served as specified
above even though returned unserved on account of refusal by the Guarantor/s or
otherwise, howsoever

12) Any admission or acknowledgement in writing given or any part payment made by the
Borrower in respect of the Loan or any acceptance or deemed acceptance by the Borrower
in view of or due to the Borrower continuing to avail or utilise or enjoy the benefits of
the Loan / credit limits, whether fully or partly, from time to time or making utilisation
or withdrawals of / under the Loan, the same shall be binding on the Guarantor/s and shall
be treated as given on behalf of the Guarantor/s also and for all purposes under / of this
Guarantee, the Borrower is empowered to give consent, make any admission or

pg. 6
Updated as of March 2022
acknowledgement on behalf of the Guarantor/s and any consent or admission or
acknowledgement given by the Borrower shall be deemed to have been given by the
Guarantor/s and shall bind each of the Guarantor/s in all respects as if the same had been
expressly given by the Guarantor/s in writing.

13) If any amounts have become payable or have been paid by the Guarantor/s under this Deed, the
Guarantor/s shall not, in respect of such monies, seek to enforce repayment, obtain the benefit of
any security or exercise any other rights or legal remedies of any kind which may accrue to the
Guarantor/s against the Borrower, whether by way of subrogation, offset, counterclaim or
otherwise, in respect of the amount so payable or sopaid (or in respect of any other monies for
the time being due to the Guarantor/s from the Borrower) if and for so long as any Guaranteed
Obligations remain payable. The Guarantor/s shall hold in trust for and forthwith pay or transfer
to the Company any payment or distribution or benefit of security received by it.

14) Without prejudice to any other right or remedy available to the Company, the Company
may by notice to the Guarantor/s declare all or any part of the Guaranteed Obligations
to be payable immediately on the occurrence (howsoever caused) of a material adverse
change:

(a) in the shareholding, board representation or control of the Borrower;


(b) in the business, assets or financial condition of the Guarantor/s (in the opinion of
the Company), that impairs the ability of the Borrower or the Guarantor/s to perform
all or any of its obligations under the Loan Documents.

15) The Guarantor hereby agrees, confirms and undertakes that upon default in discharge of
the Guarantor’s obligations, the company shall be entitled to declare the Guarantor as
‘wilful defaulter’ if he refuses to comply with the demand made, despite having sufficient
means to make payment of the dues and/or in any other event as notified by any circular
issued by the RBI/NHB from time to time in this regard.

16) The Guarantor/s represents and warrants that as of the date of this Deed:

(a) the Guarantor/s has the necessary corporate approvals (applicable in case of a
company) and authority to enter into and deliver and to perform his / her / its
obligations under this Deed and the performance by him/ her / it of the obligations
hereunder have been duly authorized;

(b) this Deed has been duly executed and constitutes valid and legally binding
obligations enforceable in accordance with its terms and would be so treated under
the law of and the courts in India;

(c) neither the execution and delivery by it of this Deed nor the performance by it of
the obligations under this Deed conflicts or shall conflict with or result in any breach
of any of the terms, conditions or provisions of, or violate or constitute a default or
require any consent under:

(i) any indenture, mortgage, contract, agreement or other instrument or


arrangement to which the Guarantor/s is a party or which purports to be
binding upon it or any of its property or assets, and shall not result in the
imposition or creation of any lien, charge, or encumbrance on, or security
interest in, any part thereof pursuant to the provisions of any such agreement,
instrument or arrangement or its constitutional documents (applicable in case
of a company); or

pg. 7
Updated as of March 2022
(ii) any statute, rule or regulation, or any judgment, decree or order of any court,
governmental authority, bureau or agency binding on or applicable to it;

(d) all authorizations for the execution and delivery of this Deed by the Guarantor/s and
the performance by it of the obligations hereunder, have been duly obtained or
granted and are in full force and effect.

(e) that the Guarantor has not availed loan from nor given any guarantee in favour of
any banks / financial institutions / housing finance companies / any lender till date
and if the Guarantor at any time during the continuance of this guarantee / Deed
desires to avail loan from or give any guarantee in favour of any banks / financial
institutions / housing finance companies / any lender, the Guarantor shall seek prior
approval from the Company in writing before availing such loan.

17) The Guarantor/s warrants to the Company that each of such representations is true and
correct in all material respects as of the date of this Deed and that none of them omits any
matter the omission of which makes any of such representations misleading. The
Guarantor/s further warrants on a continuing basis to the Company that each of such
representations shall remain true and correct in all material respects and that the
Guarantor/s shall promptly intimate the Company in writing in the event of any of the
representations may or likely to turn out to be untrue or incorrect subsequently. The
Company may at its discretion treat such circumstances as a breach of a warranty by the
Guarantor/s.

18) The Company's rights and remedies in relation to any misrepresentation or breach of
warranty on the part of the Guarantor/s are not prejudiced:

i. by any investigation by or on behalf of the Company into the affairs of the


Guarantor/s;

ii. by the execution or the performance of this Deed; or

iii. by any other act or thing which may be done by or on behalf of the Company in
connection with this Deed and which might, apart from this clause, prejudice
such rights or remedies.

19) No failure or delay by the Company in exercising any power, remedy, discretion,
authority or other rights under this Deed shall waive or impair that or any other right of
the Company. No single or partial exercise of such a right shall preclude its additional
or future exercise. No such waiver shall waive any other right under this Deed. All
waivers or consents given under this Deed shall not be valid unless made in writing.

20) This Deed shall be governed by and construed in accordance with the laws of India.

21) For the exclusive benefit of the Company, the Guarantor/s hereby irrevocably agrees that
any legal action, suit or proceeding arising out of or relating to this Deed may be brought
in the courts of competent jurisdiction in the city of more particularly mentioned in the
Schedule attached hereto.

22) This Deed binds and inures to the benefit of the respective successors and assignees of
the Parties, except that the Guarantor/s may not assign or otherwise transfer all or any
part of its rights or obligations under this Deed without the prior written consent of the
Company. The benefit of this Deed may be freely and unconditionally assigned,
pg. 8
Updated as of March 2022
transferred or otherwise disposed of, in whole or in part, by the Company to any other
person, corporate or otherwise, with the prior written consent of the Guarantor/s, which
consent shall not be unreasonably withheld.

23) The Guarantor/s hereby authorises the Company including the persons engaged or
employed by it or representing it to disclose or divulge the records, information, data,
terms and conditions of this Deed or relating to the Loan to any office or branch of the
Company or another group member of the Company including, any branch, related
companies, affiliates ("Group Member") or any assignee of the Company whether
within or outside India; (ii) any agent, service provider of the Company or another Group
Member, whether within or outside India, in connection with this Deed; (iii) any regulator
or governmental authority with jurisdiction over the Company.
24) (a)The Guarantor/s agree/s to accept the statement of account sent by the Company or
by any other authorised representative of the Company as conclusive proof , unless
otherwise proved to the satisfaction of the Company, of the correctness of any sum
claimed to be due from it save and except manifest errors.

25) The Guarantor/s agree/s that the Company may in its sole discretion and for its internal
purpose show the different repayment installments towards principal amount of the
Loan as different sub-loans /loans in its computer system and in the statements of
accounts to be sent to the Borrower. But all such different sub-loans /loans shall for the
purpose of this Deed be treated as the one Loan and the terms and provisions hereof
will be applicable to such sub-loans /loans in toto.

26) The Guarantor/s hereby authorizes Company or its subsidiaries / affiliates and their agents
to exchange, share or part with all the information relating to the Guarantor/s’ LOAN
details and repayment history, information and all information pertaining to and
contained in this Agreement to affiliates / subsidiaries of Company / Banks / Financial
Institutions / Credit Bureaus / Agencies / Statutory Bodies as may be required and
undertakes not to hold affiliates / subsidiaries of Company and their agents liable for use
of the aforesaid information.

IN WITNESS WHEREOF the Guarantor/s has / have set his / their hand, seal and signatureon
the date, month and year as mentioned in the schedule hereinabove.

1. Name…………. 2. Name …………….


Address……………………. Address………………

(Signature of Guarantor/s or the Authorised Signatories of the Guarantor/s)

Witnesses

1.

2.

pg. 9
Updated as of March 2022
SCHEDULE

Place of execution of this Deed

Date of Execution.

Name/s of the Guarantor/s

Address/es of the Guarantor/s

Address of the Area Office of the


Company.

Name of the Borrower/s

Address of the Borrower/s

Purpose of the Loan

Loan Amount Rs.

Date of the Loan Agreement

Jurisdiction

1. Name…………. 2. Name …………….


Address……………………. Address………………

(Signature of Guarantor/s or the Authorised Signatories of the Guarantor/s)

Witnesses

1.

2.

pg. 10

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