LOAN APPLICATION FORM

ACCOUNT TYPE: Personal Loan

NAME: HARISH GOWDA K R

FATHER/SPOUSE NAME: RAGHAVENDRA K R

MOTHER'S NAME: LATHA C

DATE OF BIRTH: 09/11/1997

GENDER: M

MARITAL STATUS: UNMARRIED

OCCUPATION: modicare dp

NATIONALITY: INDIAN

RESIDENTIAL STATUS: PERMANENT

PROOF OF IDENTITY : AADHAAR_XML

PAN: ANXPH7517B

PROOF OF ADDRESS: AADHAAR_XML

ADDRESS TYPE: PERMANENT

S/O: K R Raghavendra, 4381, 5th cross, m g layou
maraluhola, Channapatna, Channapatna, Ramanaga
CURRENT ADDRESS: Channapatna, Karnataka, India, 562160
PHONE NUMBER: 919590193425

EMAIL: [email protected]

NAME OF BANK: CANARA

BANK A/C NO: 0592101140031

IFSC: CNRB0000592

NAME OF RELATED PERSON: NA

PHONE NUMBER OF RELATED PERSON: NA

I agree to submit the following documents for availing of the Facility:

S. No. Documents from the Applicant and the Co-Applicant (if any) Status
NOT_UPLOA
1 PAN Card or Form 60* DED
2 Passport/Voter ID/Masked Aadhaar/Driver License UPLOADED
3 Last 3 months bank statements or other income proof NA
4 Any other document requested by Lender NA

I / We further acknowledge, understands and agrees that Lender has adopted risk-based
pricing, which is arrived by taking into account, broad parameters including the customers
financial and credit profile. I understand all the terms listed above and hereby apply for the
said Facility to Lender.

SELF-DECLERATION AND UNDERTAKING:

I hereby apply for the Facility from the Lender as specified above.
I represent that the information and details provided in this Application Form and
the documents submitted by me are true, correct and that I have not withheld any
information.
I have read and understood the fees and charges applicable to the Facility that I may
avail from time to time.
I confirm that no insolvency proceedings or suits for recovery of outstanding dues have
been initiated and / or are pending against me.
I hereby authorize Lender to exchange or share information and details relating to this
Application Form its group companies or any third party, as may be required or
deemed fit, for the purpose of processing this loan application and/or related offerings
or other products / services that I may apply for from time to time.
I hereby consent to and authorize Lender to increase or decrease the credit limit
assigned to me basis Lender's internal credit policy.
By submitting this Application Form, I hereby expressly authorize Lender to send me
communications regarding various financial products offered by or from Lender, its
group companies and / or third parties through telephone calls / SMSs / emails / post
etc. including but not limited to promotional communications. And confirm that I shall not
challenge receipt of such communications as unsolicited communication, defined under
TRAI Regulations on Unsolicited Commercial Communications under the Do Not Call
Registry.
I understand and acknowledge that Lender has the absolute discretion, without
assigning any reasons to reject my application and that Lender is not liable to provide
me a reason for the same.
That Lender shall have the right to make disclosure of any information relating to me
including personal information, details in relation to Facility, defaults, security, etc. to the
Credit Information Bureau of India(CIBIL) and/or any other
governmental/regulatory/statutory or private agency / entity, credit bureau, RBI,
CKYCR, including publishing the name as part of willful defaulter's list from time to time,
as also use for KYC information verification, credit risk analysis, or for other related
purposes.
I agree and accept that Lender may in its sole discretion, by its self or through
authorised persons, advocate, agencies, bureau, etc. verify any information given,
check credit references, employment details and obtain credit reports to determine
creditworthiness from time to time.
That I have not taken any loan from any other bank/ finance company unless
specifically declared by me.
That the funds shall be used for the Purpose specified in above and will not be used for
speculative or antisocial purpose.
 I have understood and accepted the late payment and other default charges listed above.
I hereby confirm that I contacted Lender for my requirement of personal loan and no
representative of Lender has emphasized me directly / indirectly to make this
application for the Facility.
I hereby confirm having read and understood the standard terms and conditions
applicable to this Facility as specified in the Loan Agreement and are signing this
Application Form after understanding of each term.
LOAN AGREEMENT
BETWEEN
PERSON(S) LISTED IN SCHEDULE A
(as the “Borrower”)
AND
VIVRITI CAPITAL PRIVATE LIMITED

(as the “VCPL”)

The Borrower may apply for one or more loans by submitting the Application Form(s) and
Lender as specified in Schedule A ("Lender") may agree to grant such loan(s) of the
aggregate amounts as identified under Schedule A (the “Facility") that are or will be
governed by this loan agreement ("Agreement") read together with the Application Form(s),
Sanction Letter, Drawdown Request(s) and MITC as exchanged between the parties, and
any other document executed amongst the parties with respect to the Facility, and
designated as a Transaction Document by the Lender (together referred to as "Transaction
Documents").

Definitions:
In this Agreement unless there is anything repugnant to the subject or context
thereof, the expressions listed below, if applicable, shall have the following
meanings:
"Access Code(s)" means any authentication mode as approved, specified by the
Lender including without limitation combination of user name and password.
"Account" means the bank account where the Facility disbursement is requested and
more specifically provided under the Application Form or Drawdown Request;
"Application Form" means the loan application form submitted by the Borrower to the
Lender for applying and availing of the Facility, together with all other information,
particulars, clarifications and declarations, if any, furnished by the Borrower or any
other persons in connection with the Facility;
"Availability Period" means such availability period as identified by the Lender in
Schedule A;
"Borrower" means jointly and severally each applicant and co-applicants (if any) and
the term shall include their successors and permitted assigns;
"Business Day" means a day (other than a Saturday or a Sunday) on which
banks are open for general business in Mumbai;
"Default Rate" means the rate provided as such under Schedule A;
"Drawdown Request" means a request from the Borrower in a form and manner
acceptable to the Lender for seeking disbursement of the Facility;
"Drawing Power" means the threshold limit(s) assessed by the Lender, in its sole
discretion from time to time which shall be within the overall sanctioned limit and shall
determine the amount of drawdown that can be requested by the Borrower at any given
time under the Facility;
"Due Date" means such date(s) on which any payment becomes due and payable
 under the terms of the Transaction Documents (or otherwise);
"Increased Costs" means
a reduction in the rate of return from the Facility or on the Lender's overall capital
(including as a result of any reduction in the rate of return on capital brought about by
more capital being required to be allocated by the Lender)
any additional or increased cost including provisioning as may be required under or as
may be set out in RBI regulations or any other such regulations from time to time; or
a reduction of any amount due and payable under the Transaction Documents;
"Lender" means Lender as specified in Schedule A and shall include its
successors and assigns;
"MITC" means the most important terms and conditions reiterated by the
Borrower at the time of availing the Facility, as specified under Schedule A;
“Outstanding Balance” means collectively, the principal, interest, compound interest,
default interest, any other charges, dues and monies payable, costs and expenses
reimbursable, as outstanding from time to time and whether any of them are due or not in
relation to the Facility.
"Portal" shall mean platform called SmartCoin mobile app operated and maintained by the
Service Provider.
"Purpose" shall have the same meaning as is provided in Schedule A;
“Sanctions” means all economic or financial sanctions or trade embargoes imposed,
administered or enforced from time to time by the Sanctioning Authorities.
"Sanctioning Authority" includes the Reserve Bank of India, the U.S. government,
including those administered by the Office of Foreign Assets Control of the U.S.
Department of the Treasury or the U.S. Department of State Office of Foreign Assets
Control of the Department of Treasury of the United States of America, the United
Nations Security Council, the European Union, Her Majesty’s Treasury of the
United Kingdom or any combination of theforegoing or other relevant sanctions
authority.
“Sanctioned Country” means at any time, a country, region or territory which is itself the
subject or target of any Sanctions (at the time of this Agreement, Crimea, Cuba, Iran,
North Korea, Sudan and Syria)
“Sanction Letter” means the sanction letter issued on such date as identified under
Schedule A issued by the Lender in favour of the Borrower.
“Service Agreement” means the service agreement dated 25-09-2020 executed amongst
the Lender and the service Provider, for inter alia, appointment of the Service Provider
and for providing the terms thereof.
“Service Provider” means Smartcoin Financials Private Limited, a company incorporated
under Companies Act 2013 and having its registered office at Indiqube Gamma, no
293/154/172, 1st Floor, outer ring road, Kadubeesanahalli, Marathahalli, Bangalore-
560103, Karnataka, India.
"Tenure" means the period of tenor of the Facility specified as such under Schedule A.
Capitalized terms used in this Agreement but not defined herein, shall have the
meaning ascribed to such terms under the Application Form or Drawdown
Request.

Sanction and Disbursement

The Lender may agree to grant the Facility to the Borrower on the basis of the
information and representations provided in the Application Form and other
Transaction Documents. The terms of this Agreement shall be read in conjunction
with the Sanction Letter.
Grant of the Facility and acceptance of the Borrower's request shall be at the
 absolute discretion of the Lender and the Lender shall not be required to notify any
rejection of the Application Form to the Borrower. Further, the continuation of the
Facility shallbe at sole and absolute discretion of the Lender and the Lender may at
any time in its sole discretion and without assigning any reason, cancel, suspend or
repudiate or refuse to disburse the Facility.
The Borrower may request for disbursement only if (a) no Event of Default or
potential event of default has occurred or is continuing, (b) Drawdown Request
during the Availability Period for an amount not exceeding the Drawing Power has
been submitted by the Borrower and (c) no material adverse event in the opinion of
the Lender has occurred.
The Borrower's request for the Facility under the Application Form and each
Drawdown Request shall be irrevocable unless rejected by the Lender.
In the event that the Lender accepts the Borrower's request for the Facility and
sanctions the Facility, the Lender may, subject to satisfaction of all the conditions
precedents, disburse Facility into the Account and the Borrower confirms that the
Facility shall be utilized only for the Purpose and subject to the terms under the
Transaction Documents.
The Facility shall be available for drawdown for such period as identified under
Schedule A from the date of delivery of a Drawdown Request for Disbursement (“
Availability Period”) and in the event the Borrower fails to drawdown the Facility
prior to expiry of the Availability Period, the Facility shall stand cancelled.
Disbursements may be made by the Lender to the Borrower directly or through the
Service Provider under or in terms of this Agreement.
Any such disbursement made by the Lender into the Account (whether in the name
of the Borrower or any third party) shall be a disbursement under this Facility.
Lender shall not be responsible for any dispute between Borrower and any such
third party.
The Borrower shall use the Facility only for the Purpose stated in the Application
and in the Schedule A hereunder and not for any other purpose.

Interest and other charges

The Facility shall carry interest at the rate specified in Schedule A.
In case of an Event of Default, Borrower will, to the extent permitted by law, be
required to pay interest (before as well as after judgment / award, if any) on the
overdue amount to the other party on demand, for the period from (and including)
the original Due Date for payment to (but excluding) the date of actual payment, at
the Default Rate.
The Borrower acknowledge and agree that (i) the rates of interest specified in the
Transaction Documents, including the Default Interest, are reasonable and that
they represent genuine pre-estimates of the loss expected to be incurred by the
Lender in the event of non-payment of any monies by the Borrower; and (ii) the rate
of interest payable by the Borrower shall be subject to change prospectively based
on the monetary policies as may be changed by the Reserve Bank of India and
other factors impacting the interest rates.
The Borrower shall bear all Tax including GST , other imposts, costs, charges, fees
and duties including stamp duty and relevant registration and filing charges in
connection with the Finance Documents(including any differential or additional
duties and taxes which may be required pursuant to the provisions of the applicable
laws from time to time), as may be levied from time to time by the Government or
other authority including those incurred by the Lender in connection with the
Facilities.
In case a credit note is issued, the borrower should adjust its GST Input Tax Credit,
within the month in which the discrepancy is communicated. If the same is not
rectified by the borrower which results in additional liability for Lender, the same
 (tax and interest) will be recoverable by Lender. Providing correct registration
number is the responsibility of the customer and Lender will not be responsible for
verification of GSTIN. In cases where customer fails to furnish GST registration
number, the customer will be treated as unregistered.
The Borrower agrees to pay to the Lender the non-refundable Smartcoin Platform
fees as set out in Schedule A. The Borrower hereby authorises the Lender to
deduct these amounts together with applicable taxes from the Facility amount and
to pay to the Borrower only the balance amount. The Borrower hereby confirms that
irrespective of deduction of such Smartcoin Platform fees, the obligation of the
Borrower to repay to the Lender shall be of the entire Facility amount along with
interest, and other charges together with applicable taxes in terms of this
Agreement.

Payments:
The Borrower shall make each payment under the Transaction Documents on or
before the respective Due Date identified with respect to such payment in Schedule A
. No Due Date shall exceed the Tenure of the Facility. The Borrower shall make the
payments by way of one or more modes and Instruments including the NACH
Mandate, post-dated cheques, standing instructions (SI)/ electronic clearing system
(ACH) instructions/ other mode/instrument (the “Payment Instruments”), as specified
under Schedule A hereunder written and as acceptable to the Lender from time to
time.
If the respective Due Date is not a Business Day, then the Borrower agrees that the
payment shall be made on the preceding Business Day.
All payments shall be made in freely transferable funds without any set off,
counter claim or any deduction (except to the extent that the Borrower is required
by law to make payment subject to any tax deduction at source under the
applicable law). In case any such deductions are made the Borrower agrees to
deliver to the Lender, within the statutory time frame prescribed under the law or
20 (twenty) days of the payment being made, whichever is earlier, satisfactory
evidence that the tax has been deducted at source and duly remitted to the
appropriate authority.
Notwithstanding anything to the contrary, the Lender may, at any time, without
assigning any reason,
cancel the undisbursed portion of the Facility and can also recall any or all portion of the
disbursed Facility on demand. Upon such recall, the Facility and other amounts stipulated by
the Lender shall be payable forthwith.
The Borrower shall make repayment of the principal amount under the Facility(s)
in such proportion and periodicity as may be provided in the Transaction
Documents or as communicated by the Lender from time to time.
The Borrower shall not, prepay the outstanding principal amounts of any of the
Facility(s) in full or in part, before the Due Dates without the prior written approval
of the Lender obtained by giving a prior written notice of such number of days and
subject to payment of such prepayment premium, each as may be prescribed by
the Lender and subject to such other conditions as the Lender may prescribe. It is
clarified that no waiver in the interest rate shall be granted to the Borrower on
account of any part prepayment and the Borrower shall continue to pay the
instalments to the Lender in accordance with the Repayment Schedule until the
Final Settlement Date.
Any statement of account furnished by the Lender shall be accepted by and be
binding on the Borrower and shall be conclusive proof of the correctness of the
amounts mentioned therein except for any manifest error therein.

Conditions Precedent:
The Borrower shall, prior to making nay drawdowns under the Facility, satisfy all the
Conditions Precedent as specified under Schedule A.

Representations and Warranties:

The Borrower makes the representations and warranties set out in this Section
6.1 to the Lender, in reliance of which the Lender may grant the Facility:
The Borrower has the competence and has obtained all authorizations (which is in full
force and effect) to enter into and perform under the Transaction Documents and to carry
on its business and operations as it is being or is proposed to be conducted. The
Borrower is a citizen of India and a major (in terms of age) and is of sound mind and is
competent to contract and enter into and perform his/her obligations contemplated under
this Agreement/ other document in respect of the Facility;
The Facility once disbursed by the Lender, and all obligations pertaining thereto
under Transaction Documents constitutes legal, valid and binding obligations of the
Borrower enforceable in accordance with their respective terms;
The Borrower is in compliance with all laws (including laws relating to environment,
social and labour, anti-corruption and anti-money laundering) applicable to the Parties;
The entry into, delivery and performance by the Borrower of, and the transactions
contemplated by the Transaction Documents, do not and will not conflict: (a) with any
law; (b) with the constitutional documents, if any, of the Borrower; or (c) with any
document which is binding upon the Borrower or on any of its assets. There is no
impediment or restriction, whether under law, judgement, order, award contract or
otherwise, for the Borrower entering into and/or performing any of the transactions,
contemplated by this Agreement, Transaction Documents and other documents in
respect of the Facility and all approvals as necessary required to be obtained by the
Borrower for availing the Facility, performing its obligations hereunder and for entering
into this Agreement and other Transaction Documents have been duly obtained and are
and will continue to be in full force;
The Borrower has a valid agreement, engagement or arrangement with the Portal
which is currently subsisting and the Portal has not blacklisted, delisted, suspend or
otherwise terminated thearrangement;
Where the accounts are required to be audited under applicable law, the most recent
audited accounts of the Borrower: (a) have been prepared in accordance with applicable
accounting principles and practices generally accepted and consistently applied;(b) have
been duly audited by the auditors in accordance with applicable laws (c) represent a true
and fair view of its financial condition as at the date to which they were drawn up,and
there has been no material adverse effect since the date on which those accounts were
drawn up;
Except to the extent disclosed to the Lender, no litigation, arbitration, administrative or
other proceedings are pending or threatened against the Borrower or its assets, which, if
adversely determined, might have a material adverse effect;
(a) All information communicated to or supplied by or on behalf of the Borrower to the
Lender from time to time, are true and fair/ true, correct and complete in all respects as
on the date on which it was communicated or supplied; and (b) Nothing has occurred
since the date of communication or supply of any information to the Lender which
renders such information untrue or misleading in any respect;
Except to the extent disclosed to the Lender: (a) all the Borrower's contracts or
agreements with, or any commitments to, any affiliates or group companies (if
applicable) are on arms' length basis; and (b) No director/ partner/member/trustee, as
the case may be, of the Borrower has been declared to be a willful defaulter or a non-
cooperative borrower;
there is no Event of Default, material adverse effect (by whatsoever name called)
subsisting hereunder, or under any other agreement binding on the Borrower
including any payment or other contractual obligations or expected to arise pursuant
 to availing the Facility;
The Borrower is not a specially Designated National or otherwise sanctioned, under
Sanctions, restrictions (and related laws) promulgated by any Sanctioning Authority.
For the purposes of this Clause, “Designated National” means (a) any person listed
in any Sanctions-related list of designated persons maintained by any Sanctioning
Authority, (b) any person operating, organized or resident in a Sanctioned Country
or (c) any person owned or controlled by any such person or persons described in
the foregoing clauses (a) or (b);
The Borrower has not taken any action and no other steps have been taken or
legal proceedings started by or against it in any court of law/ other authorities for its
insolvency, bankruptcy, winding up, dissolution, administration or re- organization
or for the appointment of a receiver, administrator, administrative receiver, trustee
or similar officer of the Borrower or of any or all if its assets.
No lender of the Borrower has declared (whether as of the date hereof or at any
time previously) the loan(s) availed by the Borrower to be a non-performing asset.
The Borrower, its promoters/directors or Guarantors do not figure in any list of
willful defaulters circulated by RBI/Transunion CIBIL Limited or the Lenders'
defaulters list or the defaulter list of any bank or financial institution or any other
Government Authority. Further, the Borrower shall not induct a person in the
capacity of director / promoter who is a director / partner / member / trustee of a
company / firm / association of persons / trust as the case may be, which has been
identified as willful defaulter. In the event such a person is found to be a director
identified as willful defaulter, the Borrower shall take expeditious and effective
steps for removal of such person.
Each of the representations set out in Section 6.1 shall be deemed to be
repeated on each day during the Tenure of the Facility.

Covenants:
The Borrower shall provide all payment mandates including but not limited to
electronic clearing service (ECS) or national automated clearing house (NACH)
mandate, as and when demanded by the Lender, to the Lender or to any person
nominated by the Lender.
Borrower shall ensure that all payment mandates including post-dated cheques,
electronic clearing service (ECS) or national automated clearing house (NACH)
mandate, if any, provided to the Lender or to any person nominated by the Lender,
are honored at all times and such mandates are not altered or amended without
prior permission of the Lender.
Borrower shall permit and facilitate inspection and audit of Borrower's
premises, books and statements of accounts and other documents as may
be required, for the purposes of theFacility.
The Borrower shall maintain its existence and shall carry on its business and
operations in compliance with all applicable laws (including laws relating to
environment, social and labour, anti corruption and anti money laundering)
applicable to the Parties and with due diligence and efficiency and in accordance
with sound technical, financial and managerial standards and business practices.
The Borrower shall ensure that the obligations under the Transaction Documents
shall at least rank pari passu with all its unsecured and unsubordinated
obligations.
The Borrower shall, within 3 (three) Business Days of demand by the Lender, pay
the amount of any Increased Costs incurred by the Lender as a result of (i) the
introduction of or any change in (or in the interpretation, administration or
application of ) any law or regulation; (ii) compliance with any law or regulation
made before or after the date of relevant Facility (including any law or regulation
concerning
capital adequacy, prudential norms, liquidity, reserve assets or tax) or (iii) in the event of the
Lender being called upon to pay any additional amount by its lending agency in terms of their
respective financing agreements or (iv) on account of factors beyond the control of the Lender.
The Borrower agrees that it shall indemnify and hold harmless the Lender, to the
fullest extent permitted by applicable law, for all losses and liabilities (including due to
claims by a third party), incurred by the Lender as a result of any breach by it of any
Transaction Documents.
Borrower shall submit the details of financials, sales details, stock and book debts
statement on such periodicity as required by the Lender.
Borrower shall promptly provide upon request of the Lender any further
document/information as may be required by the Lender.
Borrower undertakes to ensure that all information provided in the Application
Form(s) shall remain true at all times during the Tenure of the Facility.
The Borrower shall not:
use the fund for purchase of gold in any form, (including primary gold, gold bullion, gold
jewellery, gold coins, units of gold exchange traded funds (ETF) and units of gold mutual
funds).
directly or indirectly: (a) use the Facility in any transaction with or for the purpose of
financing the activities of, any person/country currently subject to any sanctions by
Sanctioning Authority; and (b) take part in or financing any activity, production, use of,
trade in, distribution of, or otherwise involved in any exclusion-list; and
directly or indirectly, make or offer any payment, gift or other advantage which is
intended to, or does, influence or reward any person (whether or not they are in the
public sector) for acting in breach of an expectation of good faith, impartiality or trust or
otherwise performing their function improperly.
The Borrower shall provide the end use certificate in a form and manner satisfactory to
the Lender.
The Borrower shall put in place appropriate procedures and policies to restrict its
employees, consultants or other agents from causing breach of any conditions,
covenants or undertakings under this Agreement including laws relating to
environment, social and labour, anti corruption and anti money laundering.
The Borrower shall promptly notify the Lender in writing upon occurrence of any
breach of Covenant or representation or occurrence of Event of Default and the
steps, if any, being taken to remedy it.
The Borrower shall from time to time, if required by the Lender, provide additional
security, in a form and manner satisfactory to the Lender.
The Borrower shall promptly notify the Lender of any breach of any
representations, warranties, covenants, undertakings or any other terms of this
Agreement together with the steps taken to remedy it. Upon the breach being
reported, the Lender may, without prejudice to any of its rights under law or
contract, in its sole discretion recommend implementation of corrective measures to
remedy such breach in a form, manner and time as may be necessary or desirable
to the Lender.
The Borrower shall ensure that throughout the Tenure of the Facility a
valid agreement, engagement or arrangement with the Portal shall
subsist and the Portal has not
blacklisted/delisted/suspended or otherwise terminated such arrangement.
Notwithstanding any of the provisions of the Indian Contract Act, 1872 or any other
applicable law or anything contained in the Transaction Documents, the amounts
repaid by the Borrower shall be appropriated first towards cost, charges and
expenses and other monies; secondly towards interest on cost charges and
expenses and other monies; thirdly towards interest on the delayed payments;
fourthly towards interest payable under the Transaction Documents and lastly
towards repayment of any principal amounts.
 Negative Covenants:
The Borrower hereby covenants and agrees that without the prior written approval
of the Lender, the Borrower shall not:
The Borrower hereby covenants and agrees that, save and except with the prior, specific
andexpress written consent of the Lender, the Borrower shall not (a) create, assume or
incur any further indebtedness to any person; (b) lend or advance any amounts to any
person; or undertake any guarantee or security obligations in relation to obligations of any
other person; (c) change, cease or diversify the business/ employment which the Borrower
is currently involved in and as disclosed in the Application or retire from, be terminated from
or resign from the present employment/ profession disclosed in the Application; and/ or (d)
close the bank account with respect to which the PDCs, the NACH Mandate or such other
instrument for effecting any payments hereunder has been issued.
undertake or permit to sell any undertaking or any substantial assets of the Borrower to any
person.

Cancellation:
The Lender reserves the unconditional right to cancel the limits sanctioned
without giving any prior notice to the Borrower, on the occurrence of any one or
more of the following:
in case the Facility (in full or in part) is not disbursed; or
in case of deterioration in the creditworthiness of the Borrower (as determined by the
Lender) in any manner whatsoever; or
in case of non-compliance of the Transaction Documents.

Event of Default:
The Borrower shall be deemed to have committed default on the occurrence of, inter-alia but
not limited to, any one or more of the following events (hereinafter referred to as "Event of
Default"):
Default has occurred in the payment of any monies in respect of the Facility (whether
at stated Due Date, by acceleration or otherwise) under the terms of the Transaction
Documents (including on account of the NACH Mandate/ PDCs provided by the
Borrower being dishonoured).
Default (other than a payment default) has occurred in the performance of any
covenant, condition, agreement or obligation on the part of the Borrower under the
Transaction Documents.
The Borrower has, or there is a reasonable apprehension that the Borrower would,
voluntarily or involuntarily become the subject of proceedings under any bankruptcy
or insolvency law, or is voluntarily or involuntarily dissolved, or declared insolvent, or
if the Borrower has taken or suffered to be taken any action for its re- organization,
liquidation or dissolution or if a receiver or liquidator or a similar official has been
appointed or allowed to be appointed in respect of all or any part of the assets of the
Borrower or if an attachment or distrait has been levied on the Borrower's assets or
any part thereof or certificate proceedings have been taken or commenced for
recovery of any dues from the Borrower or if one or more judgments or decrees have
been rendered or entered against the Borrower and such judgments or decrees are
not vacated, discharged or stayed for a period of 30(thirty) days, and such judgments
or decrees involve in the aggregate, a liability which could have a material adverse
effect.
Death of any Borrower, or the change of constitution of the Borrower without the
 consent of the Lender commission of an act of bankruptcy of the Borrower, or
initiation of any steps under the Insolvency and Bankruptcy Code, 2016 against
the Borrower.
Breach of any representation, warranty, declaration or confirmation made or
deemed to be made under the Transaction Documents or if it is found that the
Borrower has withheld information from the Lender which would have impacted the
Lender’s decision in relation to sanction of and other matters in relation to the
Facility.
The Borrower is unable or has admitted in writing its inability to pay any of its
indebtedness as and when they mature or become due or any attachment, distress,
execution or other process against the Borrower or his or her assets is threatened,
enforced or levied upon by any person.
If the Borrower ceases or threatens to cease to carry on any of its businesses or
employment in its current form which could have a material adverse effect.
The security, if any, for the Facility is in jeopardy or ceases to have effect.
Any person acting singularly or with any other person (either directly or indirectly)
acquires control of the Borrower, without the approval of the Lender.
It is or becomes unlawful for any Borrower to perform any of its obligations under
the Transaction Documents or any Transaction Document is not effective in
accordance with its terms or is alleged by the Borrower to be ineffective in
accordance with its terms for any reason, or it is or becomes unlawful for the
Borrower to perform any of his/ her obligations under the Transaction Documents.
An event of default howsoever described (or any event which with the giving of
notice, lapse of time, determination of materiality or fulfillment of any other
applicable condition or any combination of the foregoing would constitute an event
of default) occurs under any agreement or any indebtedness of the Borrower or
becomes capable at such time of being declared, due and payable under such
agreements before it would otherwise have been due and payable.
One or more events, conditions or circumstances (including any change in law) shall
occur or exist which could have a material adverse effect or if providing of the Facility
is no longer in accordance with applicable laws.
The Borrower shall promptly notify the Lender in writing upon becoming aware of
any Event of Default and the steps, if any, being taken to remedy it.

Consequences of Event of Default:

Upon occurrence of any Event of Default, the Lender shall be entitled at its absolute discretion
to inter alia:
Declare the Facility to be cancelled or suspended and the entire Outstanding Balance
shall become immediately due and payable by the Borrower and recall the entire
Outstanding Balance. In such case, the entire sums and charges of whatsoever nature
shall become immediately due and payable. The Lender shall have no further liability to
make any further disbursements under the Facility;
Call upon the Borrower to pay all claims, costs, losses and expenses that may be
incurred by the Lender because of any act or default on the part of the Borrower with
respect to the Facility and/or for the recovery of the outstanding dues (including
legal/attorney fee) and/or on account of failure of the Borrower of any of the terms and
conditions under the Transaction Documents;
take, initiate and pursue any actions/proceedings as deemed necessary by the Lender
for recovery of the dues including by suing for creditor’s process;
publish the name of the Borrower, as defaulter in such form, manner and through such
medium as Lender in its sole discretion may think fit and also inform other lenders about
such default by Borrower and/or Security Provider(s) and make disclosure of details
pertaining to the Borrower and/or any of the Security Providers to RBI/ Transunion CIBIL
Limited (“CIBIL”) or such other authorities or credit information companies authorised in
 this regard;
to enforce any/all security, if any provided to the Lender in terms of this Agreement and
the other Transaction Documents including by invoking the guarantee(s) if any furnished;
to exercise and enforce all rights and remedies available to the Lender under this
Agreement, other Transaction Documents and under Applicable Laws;
exercise its right of set off against any monies due to the Lender from the Borrower and to
combine all accounts of the Borrower held with the Lender to recover the Outstanding
Balance from the Borrower.
The Borrower shall, without prejudice to the Lender’s other rights and remedies, pay the
Default Interest at the rate mentioned in Schedule A hereto or as may be prescribed by the
Lender, over and above the then applicable rate of interest in case of occurrence of the
events specified under paragraph 21 of Schedule A in the manner provided thereunder.
This liability shall not act as justification for any Event of Default.

Indemnity:

The Borrower(s) does hereby hold harmless, indemnify and agree to keep indemnified the
Lender, from time to time and at all times hereafter against all claims, losses, costs,
damages, liabilities, losses and expenses (including legal costs and attorney fees) that may
be incurred by the Lender on account of any act or default on the part of the Borrower(s) in
respect of the Facility, the non-performance of or non-observance of any of the undertakings
and agreements on the part of the Borrower(s) herein contained or as contained under the
Transaction Documents or in respect of any inaccuracy in the representation and warranties
made by the Borrower(s), or due to occurrence of an Event of Default in relation to the
Facility and/or for the recovery of the Outstanding Balances due and/or on account of failure
of the Borrower(s) to comply with any of the terms of this Agreement.

The Borrower shall promptly on demand pay to the Lender/ the Service Provider the amount
of all costs and expenses (legal or otherwise) incurred by such party in connection with (a)
the negotiation, preparation, printing and execution of any Facility Document; (b) responding
to, evaluating, negotiating or complying with any request from the Borrower for any
amendment, waiver or consent in connection with the Facility; and (c) the enforcement or
preservation of any rights of the Lender under any Transaction Document.

Acknowledgement:

The Borrower(s) expressly recognizes and accepts that the Lender has appointed Smartcoin
Financials Private Limited as a service provider under the Service Agreement, and shall also
be entitled at its discretion to engage/ avail of, at the risk and cost of the Borrower(s),
services of any person/third party service provider/agent/agency, for anything required to be
done for/ in relation to/ pursuant to the Facility, including disbursement, collections, recovery
of dues, enforcement of security, getting or verifying any information of the Borrower(s)/
assets, and any necessary or incidental lawful acts/ deeds/ matters and things connected
thereto, as the Lender may deem fit. For the purposes as aforesaid, the Lender shall be
entitled to disclose to such persons/third parties all necessary and relevant information
pertaining to the Borrower(s), the Facility and such other details and the Borrower(s) hereby
expressly consents to such disclosure. The Borrower hereby acknowledges that, any act
required to be undertaken hereunder in favour of the Service Provider shall be for the benefit
of both the Lenders. I hereby acknowledge that I have been provided a copy of this
document and all other Transaction documents.

The Borrower hereby agrees and confirms that any notice, approvals, instructions, demand
and other communications to be given by the Lender may be given by the Service Provider
for and on behalf of the Lender in accordance with the terms of the Service Agreement
executed amongst the Lenders and the Transaction Documents and such communications
 shall be deemed to have been given by the Lender.

Assignment:

the Lender shall at any time, without any consent of or notice to the Borrower(s) be entitled
to sell, assign, discount or transfer all or any part of the Lender’s rights and obligations under
the Facility, this Agreement or any other document, to any person(s) and in such manner and
on such terms as the Lender may decide, and any such sale, transfer or assignment shall be
binding on the Borrower. The Borrower(s) shall not be entitled to directly or indirectly assign
or in any manner transfer, whether in whole or part, any rights, the benefit or obligation under
the Facility, this Agreement/other document.

Miscellaneous:
Online Transactions:
For ease of operation of the Borrower, Borrower has been permitted to avail the
Facility by applying through the Portal, being an online secure platforms as may be
specified by the Lender. The Facility shall be extended to the Borrower subject to the
Borrower complying with the Lender's credit parameters and submitting all
documents/information as may be required by Lender in such form as may be
specified by the Lender from time to time. Lender may in its sole discretion reject the
application for the facility/loan by the Borrower.
It shall be the sole responsibility of the Borrower to ensure that the Access Codes are not
compromised or shared with any unauthorized users.
The Borrower expressly agrees and acknowledges to have read and understood the
terms applicable for usage of the Online Facility and be bound by such terms and
conditions (as amended by the Lender from time to time) at all times during the tenure
of such Facility.
The Lender shall have no obligation to verify the authenticity of any
transaction/instruction received or purported to have been received from the Borrower
through the Online Facility or purporting to have been sent by the Borrower other than by
means of verification of the Access Codes.
All the records of the Lender with respect to the online request for facility arising out of
the use of the Online Facility shall be conclusive proof of the genuineness and accuracy
of the transaction. While the Lender and its affiliates shall endeavor to carry out the
instructions promptly, they shall not be responsible for any delay in carrying on the
instructions due to any reason whatsoever, including due to failure of operational
systems or any requirement of law.
Any transaction initiated by the Borrower through the Portal does not constitute grant of
the Facility to the Borrower and shall be subject to the terms as may be specified by
Lender from time to time and execution of all the Transaction Documents.
Borrower acknowledges and accepts that the Lender may permit/allow anybody
quoting the correct Access Codes and other details to conduct the type of operations
which are permitted under the Online Facility.
The Borrower agrees and acknowledges that the Lender shall, subject to applicable
law, not be responsible or liable to the Borrower or any other person for any misuse of
data, information or details pertaining to the Facility or the Borrower, if it has taken the
required steps under applicable law for the protection of data and privacy, and any
leak, breach or misuse occurs thereof due to any conditions/causes outside the control
of the Lenders including any malware, virus, security breaches, unauthorized access
occurring in spite of adequate data protection under taken by the Lender under
Applicable Law.
Notices
Any notice or request to be given or made by a party to the other shall be in writing. Such
notice or request shall be deemed to have been duly received by the party to whom it is
addressed if it is given or made at the address specified below or at such other address as
may be agreed from time to time:
For the Lender:
Registered office at Registered Address specified in the Application Form.

For the Borrower:

The address as stated in the Application Form.
The Lender may also agree to act on the basis of request made via registered email
address of the Borrower.

Provided however that a notice or communication to any Borrower shall be deemed to be

a notice or communication to other Borrower(s). Such notice and service shall be
deemed to take effect on the third working day following the date of the posting thereof in
case of normal post, courier, registered post, at the time of delivery if given by personal
delivery, upon receipt of a transmission report if given by facsimile or upon sending the
electronic mail.
The Facility, this Agreement, other Transaction Documents and any other
documents executed in relation thereto, shall be governed by the laws of India. Any
and all claims and disputes arising out of or in connection with the Transaction
Documents or its performance shall be settled by arbitration by a single arbitrator to
be appointed by the Lender. The venue of arbitration shall be in Chennai. The
arbitration shall be conducted under the provisions of the Arbitration and
Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the
time being in force and the award of such arbitrator shall be final and binding upon
the Borrower and the Lender. Subject to the above, the Courts of Chennai shall
have exclusive jurisdiction with respect to any claims and disputes arising
hereunder.
The Lender shall, without prejudice to any of its specific rights under any other
agreements with the Borrower, at its sole discretion, be at liberty to apply any other
money, amounts, securities and other property of the Borrower (whether singly or
jointly with another or others) in possession of the Lender or any of its subsidiary/
affiliate/ associate company in or towards payment of the dues under Facility granted
under the Transaction Documents.
The Lender or the Service Provider (with the prior consent of the Lender) shall be
entitled at the sole risk and cost of the Borrower to engage one or more person(s) to
collect the Borrower's dues and shall further be entitled to share such information,
facts and figures pertaining to the Borrower as the Lender deems fit. The Lender
may also delegate to such person(s) the right and authority to perform and execute
all such acts, deeds, matters and things connected herewith, or incidental thereto, as
the Lender may deems fit. The Borrower recognizes, accepts and consents to such
delegation.
The Lender shall have the right to disclose or publish any information regarding
the Borrower or guarantor(s) (if any) and any information and documents that they
might possess from time to time to:
any of its branches or with other banks, financial institutions, Credit Information Bureau of
India Limited, credit reference or rating agencies/bureaus or other individuals/entities
either in response to their credit inquiries directed to the Lender or in the event of the
Borrower not complying with any terms and conditions herein or otherwise;
the Reserve Bank of India and/or any other statutory authority or official of the
Government of India or that of any other state.
The Borrower shall not assign or transfer all or any of its rights, benefits or
obligations under the Transaction Documents. The Lender may, at any time, assign
or transfer all or any of its rights, benefits and obligations under the Transaction
 Documents.
In case of default committed by the Borrower, the Lender may also disclose and
publish the information about the Borrower and its default with the Lender in the
public domain including through social media.
The Borrower acknowledges that the Lender has or may have business and other
transactions with third parties (including those who are in the business of
manufacturing, supplying or otherwise dealing with any asset being financed by the
proceeds of this Facility) and hereby waives any conflict of interest that it may have
on such arrangement. Further, the Borrower acknowledges that any contract or
arrangement between the Lender and such third parties are independent of this
Agreement.
The Lender reserves the right to amend the terms of this Agreement (except
amendment to Rate of Interest) by intimating the same to the Borrower. Rate of
Interest shall not be changed without prior consent of the Borrower.
No failure or delay by the Lender in exercising any right, power or remedy under this
Agreement shalloperate as a waiver thereof. No single or partial exercise of any
right, power or remedy under this Agreement by the Lender shall preclude any
further exercise thereof or the exercise of any other right, power or remedy by the
Lender. Without limiting the foregoing, no waiver by the Lender of any breach by the
Borrower of any provision hereof shall be deemed to be a waiver of any subsequent
breach of that or any other provision hereof. The rights and remedies of the Lender
provided for in this Agreement shall be in addition to the rights and remedies
available to the Lender in law or in equity.
The invalidity or unenforceability of any term, phrase, clause, paragraph, restriction,
covenant,agreement or other provisions hereof shall in no way affect the validity or
enforcement of any other provision, or any part thereof. Further, if, at any time, any
provision of the Agreement is or becomes illegal, invalid or unenforceable in any
respect under any law of any jurisdiction, the legality, validity or enforceability of the
of such provisions under the law of any other jurisdiction will not in any way be
affected or impaired.
This Agreement shall be effective from the date of execution hereof and shall be
valid andbinding on the Borrower until the repayment in full, to the satisfaction of the
Lender, of all Outstanding Balances including the loan amount, interest thereon all
moneys lent, advanced, paid or incurred together with interest, discount, commission
and other charges as fixed by the Lender from time to time and other costs, charges
and expenses which may become payable in connection therewith.
I/We confirm that we know English, we have read and understood and accepted this
Agreement, the Sanction Letter and the general terms and conditions for the grant of
loan facility as specified under all the Transaction Documents.
The Borrower is hereby informed that the Fair Practices Code of Lender 2 is placed
at https://www.vivriticapital.com/policies.html. Further, the Borrower, in case of any
grievance or queries in regard to the Facility or against the Lender or regarding the
Portal, may contact the concerned authorities as mentioned hereinafter. The details
of the Designated Grievance Redressal Officer and the procedure for redressal of
grievances for Lender 2 have been placed on the website
https://www.vivriticapital.com/Greivance_Redressal_Mechanism.pdf. The details of
the Designated Grievance Redressal Officer of the Lender is as follows (or as
updated from time to time on the website as aforesaid):
1.
Name of the Grievance Redressal Officer/ Principal Officer: Vamshi Vasudevan,
Head - Institutional Risk..
Address: 12th Floor. Prestige Polygon, Anna Salai, Teynampet, Mount Road,
Chennai -600035
Contact Details (Telephone/Email): 044- 40074801/
[email protected].
 SCHEDULE A
THE MOST IMPORTANT TERMS AND
CONDITONS – MITC

I understand the terms of the loan to be provide to me Lender as per the internal policies and
law shall be as specified below ("Facility"):

HARISH
Borrower GOWDA K
R
VIVRITI
CAPITAL
Lender PRIVATE
LIMITED
SmartCoin
Platform Mobile App
Facility Amount 10000
Facility Type Term Loan
Availability Period NA
Hospital,
Medical
Purpose Bill,
Medicine
Sanction Letter Date [•]
Tenure 3 MONTH
Rate of Interest (p.a %) 36%
EMI Amount 3535
Repayment Terms MONTHLY
Risk Category NA
Type of Interest Rate Fixed
Fees and Charges 0
Smartcoin Platform Fees 1652
Service Charges 0
Full Prepayment Charges 0
Part Payment Charges 0
Cheque bounce: NA
Cheque swap: NA
Document retrieval: Pending

NACH Dishonor: EMANDAT

E
 The disbursal amount shall be net of Smartcoin platform
processing fee and applicable taxes.
Prepayment of the Facility in full prior to the Due Date,
provided that on such prepayment he/she shall pay the Facility
Amount along with the entire Interest Amount, as would have
Other Terms and conditions been be due and payable by him on the Due Date.
Cheque return charges of Rs. 500 + GST per instrument is
payable in case of any dishonoured cheques and ACH.
Swapping of Payment Instrument (PDC to PDC, ACH to PDC
and ACH to ACH) will attract charges of Rs. 1000 + GST.
Default Interest 36%p.a1
The Borrower shall comply with all Conditions Precedent
stipulated below prior to availing any Disbursement under the
Facility:
Submit documents to satisfy all ‘know your customer’
regulations issued by RBI in a form and manner acceptable to
the Lender;
Duly verified Payment Instruments executed in favour of the
Lender for each repayment installment, for payments as per
the Repayment Schedule;
Submission of duly filled Loan Application Form and all the
Conditions Precedent documents specified therein;
Execution and delivery of all relevant Financing Documents in
the form and manner satisfactory to the Lenders.
Submission of all the necessary approvals and permission
from, the appropriate authorities including, but not limited to
approvals and certificates from corporations.
Any other document or writing as the Lenders may require in
its sole discretion.
[_______________________________________]__________
_______________________________.2

1
2 To be retained in bold.