Professional Documents
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Projects
Amount Disbursement Procedure
The Lender agrees to lend – a sum based on the agreement for the Project
Cost.
A lender enforces any of its rights arising out of the financing and
security documents.
The obligation of each of the lender are several. Failure of a lender to
carryout these obligations will not relieve the borrowers from their
obligation with regards to the documents.
Borrowing Disbursement
The disbursement will be in installments based on the agreement.
It is subjected to Borrower complying with the provisions of the
agreement.
The disbursement procedure is stipulated by the lender.
The borrower should make a request for it before ten days prior to the
draw date.
ii) The Notice of Borrowing from the auditor regarding the expenditure
incurred on the project and the utilization of previous Borrowing
iii) A certificate from the lenders Engineer regarding the physical progress.
3) After receiving the Notice of Borrowing, the lender will
a) review the attachments so as to determine whether all the required
documents are provided and all the other conditions are satisfied.
b) Will notify their decision by assuming that all the conditions precedent
are satisfied. If unsatisfied CP notice shall have been received prior to the
receiving date
4) If any lender determines that the precedent conditions are not satisfied
he has to notify the borrower before three days of the Date of Drawdown
that it cannot be made. This statement is called unsatisfied CP notice. Any
such statement received less than three days prior to the Drawdown date is
not valid.
5) If the lender determines that any conditions mentioned are not
satisfied or the unsatisfied CP notice is received ,then they should
notify the Borrower in writing two days prior to the Drawdown
Date. They should also specify it and attach the copy of unsatisfied CP
notice. Upon such written notice from the lender, none of the lenders
have any obligation to make the Drawdown on the required date.
The Draw stop notice is valid until the conditions are satisfied by the
borrower. The lender’s agent should notify it in writing the withdrawal of
Draw stop notice upon the receipt of confirmation of the remedial of the
default events.
Payment
b) All the money should be paid, on or before the due date with
immediate available fund.
The Borrowers
They have the power and authority to own the project and the assets of it.
They have the power for the transactions in the project with the proposed
functions and generate the revenue and make sufficient profit so that
they can earn money.
Litigation
The borrowers should pay all the income tax returns and other payments
required by the Applicable laws.
All those legal requirements should be fulfilled.
If not he should provide the sufficient reserves to the lenders and if
satisfied by them will help in financing their projects.
Compliance with Statutes
Financial Closure: The borrower shall tie up all the funds towards the
project cost.
Project Site: The borrower shall acquire and obtain possession of the
land necessary for the project.
Sponsor Support: The borrower shall acquire and furnish the Sponsor
Support Undertaking to the satisfaction of the lenders.
Non Compliance of terms and condition: Failure by the borrower to carry out
all or any terms of the financing document.
Change in borrower setup: Based on the opinion of the lender any change in
the borrowers setup that would affect the conduct of the borrowers business, or
financial position or execution of the project.
Suspension to continue till default
remedied
The borrowers right to make withdrawals from the facilities shall be
suspended till the lender notifies the borrower that the right to make
withdrawals has been restored.
TERMINATION:
If the borrower is not able to collect the facilities on the laid down date,
then the lender has the power to cancel the entire payment. It should be
notified to the borrower in writing that he is terminating the right of the
borrower to withdraw the facilities.
Cancellation of commitments: The borrower by a written notice to the
lenders or lenders agent can cancel unused commitments
Lenders Agents or Security Trustee
The failure of the lenders to forward any notice or the failure to arrive
shall never be deemed to release the borrower from any obligations
under this agreement.
Evidence & Calculations
If the borrower agrees to pay all sums paid by the lender under the
provisions of the agreement or financing document within 30 days
from the date of notice of demand from the lenders agent, then
such sums will include the costs and expenses of each lender and
the lenders agent in connection with the preparation, execution,
delivery, modification and amendment of the agreement.
The parties shall meet at the earliest mutual convenience and in any
event within 15 days of such dispute, difference or controversy being
notified in writing and attempt to resolve the same.
Governing Law
The borrower has to agree that the agreement shall be governed and
construed in accordance with the laws of India.
Jurisdiction
The borrower agrees that the courts and tribunal India , shall have the
jurisdiction to settle any disputes , which may arise in connection with
this agreement and that any legal Proceedings arising in connection
with this agreement may be bought to those courts and tribunals the
borrower submits to.
Nothing shall limit any right of the Security Trustee or the lender to
take proceedings to any other jurisdiction, nor shall the taking of
proceedings in any other jurisdiction.
Execution in counterparts