CLWF Facility Agreement
CLWF Facility Agreement
TO BE STAMPED AS A PLEDGE
AGREEMENT AS PER LOCAL STAMP
ACT) – Applicable to all states
except Andhra Pradesh
This Agreement executed at the place and date specified in the Schedule by the person(s)
described in the said Schedule (hereinafter referred to as the “Borrower”, which expression shall
unless repugnant to the context or subject otherwise requires include his/ her /their respective
heir(s), executor(s) and administrator(s) and assigns) in favour of
Axis Bank Limited, a public limited company incorporated under the Companies Act 1956 and
licensed as a Bank under the Banking Regulation Act, 1949 and having its registered office at
“Trishul”, 3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellisbridge, Ahemdabad-
380006 and a branch office as specified in the Schedule (hereinafter called the "Bank” which
expression shall include its successors and assigns)
1. General Interpretation
2. Definitions
a) “Balance Due to the Bank” means and includes the principal amount of the Facility from time
to time advanced to the Borrower, interest, penal charges thereon as set out herein and all
costs, charges, commissions and expenses, including incremental taxes, interest tax and any
other related and consequential charges and taxes, insurance premium which the Bank may
have paid or incurred, including in connection with the commodities and also the incidental
or other charges debited by the Bank to the account of the Borrower in accordance with the
rules, or usage of the Bank.
b) "Commodities" means the harvested agricultural crops /agricultural processed commodities/
agricultural inputs viz. fertilizers, seeds, pesticides etc, and other non-hazardous non-
agricultural commodities (viz. Base Metal) which shall be pledged by the Borrower with the
Bank.
c) "Facility" means the financial assistance granted by the Bank to the Borrower and more
particularly described in the schedule.
d) “Schedule” means the schedule annexed of this Agreement, which forms a part of the
Agreement.
e) "Authorized representative of Joint Liability Groups (JLGs)" shall refer to persons who shall
be storing the Commodities in the warehouses on behalf of the Farmers.
f) “Warehouse” or a “Godown”, by whatever name called is a storage area, where the
commodities pledged/to be pledged to the Bank are stored.
g) “WDRA" means the Warehousing Development and Regulatory Authority established under
the Warehousing (Development And Regulation) Act, 2007
h) “Repositories” means an entity that has received a certificate of registration from the
Authority for creation and management of electronic negotiable warehouse receipts and
include National E- Repository Limited (NERL) and CDSL Commodity Repositories Limited
(CCRL)
a) The Borrower shall not, without previous permission in writing of the Bank, sell or otherwise
part with the possession/ownership of the commodities. Where with such permission of the
Bank the commodities is sold or disposed off by the Borrower, the value of such produce sold
shall be paid forthwith to the Bank towards repayment of the Facility.
b) It shall be the duty of the Borrower to safeguard and diligently manage the commodities and
do everything that is necessary to preserve, protect and maintain the quality of the
commodities. Whenever required by the Bank, the Borrower shall do everything necessary
for transferring to and effectively vesting in the Bank or any of its officers or nominees titled
to the commodities. The Borrower shall keep the Bank informed of the true condition of the
commodities.
c) The Borrower hereby expressly undertakes to hold the commodities in trust for and as agent
of the Bank until full repayment of all the balance due to the Bank including interest, cost and
expenses of the Bank. The Borrower(s) further agrees to deal with and dispose of the
Commodities in the manner instructed by and under the supervision and control of the Bank,
its agents, officers or nominees.
d) The Borrower shall insure/ensure insurance of the pledged commodities as may be required
by the Bank against loss or damage by fire and other risks as may be required by the Bank
and shall bear all costs, expenses, charges, levies, taxes, fees etc. payable in connection with
the pledged commodities, their storage in the warehouse/godown, insurance thereof,
provision of security and/or the taking of any action for protection/preservation thereof,
protection of the Bank’s interest therein, as also all costs, expenses and charges payable in
connection with the enforcement of the pledge and sale thereof. In the event the Bank is
required to pay any amounts in this regard the same shall form part of the Balance due to the
Bank and the Borrower(s) shall promptly reimburse the said amounts to the Bank on receipt
of notice in this regard. Any such insurance shall be in the name of the Bank/ assigned to the
Bank as required by the Bank. It shall be also lawful for but not obligatory upon the Bank to
insure the commodities by debit to the Borrower's account. The proceeds of any such
insurance shall, at the discretion of the Bank either applied towards replacement of the
commodities or towards the satisfaction of the balance due to the Bank.
e) The Borrower hereby declares and confirms that the commodities are free from
encumbrances and has not been offered/does not constitute security for any loan /advance
availed by the Borrower from any other person or institution.
f) The Borrower shall be responsible for the quantity and quality of the pledged commodities
as also for the correctness of any statements/documents furnished to the Bank in connection
with the pledged commodities, as also for any loss, damage, shortage or deterioration of the
pledged commodities owing to any cause whatsoever. The Borrower agrees that the Bank
shall not be held liable of any loss, damage or depreciation of the said commodities or any
additions substitutions that may be made there to undergo while in possession nor shall the
Bank aforesaid be held liable in case of theft, burglary, loss by fire, floods, earthquakes,
enemy, warfare civil commotion and riots and the like and authority herein contained in favor
of the Bank to enable them to sell and transfer the said property, goods, documents,
securities etc., is hereby declared to be irrevocable during the currency thereto, and the
5. Events of Default
An event of default shall be deemed to have occurred if the Borrower (a) commits a breach
of any of the terms and conditions in this Agreement including in the Schedule annexed
hereto and /or the sanction letter or any written terms agreed thereon (b) fails to pay any
installment or any other payment on the due dates and such failure continues for 5 days; or
(c) makes assignment for the benefit of creditors or the Commodities are attached or any
• However, if Borrower fails to make the payment of above said amounts in default for
payment or the penal charges and other charges levied by the Bank within 90 days from
the due date of such payments, in that case said loan/drawal account shall be classified
as Non Performing Asset (“NPA”).
• In order to regularise the said loan/drawal account, the Borrower shall be liable to pay all
the above mentioned amounts in default and/or penal chargesand other charges, as the
case may be, [on immediate basis].
• The Fair Practice Code for the Lenders as published on the Axis Bank's website, shall
apply to the Loan. Copy of the Fair Practice Code for lenders as available on the Bank's
website.
https://www.axisbank.com/docs/default-source/default-document-library/fair-practice-
code-for-lenders.pdf
• Interest for the Warehouse receipt Finance will be due and charged on every last day of
the month from the date of disbursement.
• Principal repayment will be due on the maturity of said warehouse receipt finance along
with the interest for the broken period (i.e., difference between last month end interest
application and maturity of the loan).
• I understand that if I do not pay my dues on the above-mentioned date, my account will
be considered as ‘Overdue’ from the end of that date.
1.2 Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
(i) Dues: shall mean the principal / interest / any charges levied on the loan account
which are payable within the period stipulated as per the terms of sanction of the
credit facility.
(ii) Overdue: shall mean the principal / interest / any charges levied on the loan
account which are payable, but have not been paid within the period stipulated as
per the terms of sanction of the credit facility. In other words, any amount due to
the bank under any credit facility is 'overdue' if it is not paid by the due date fixed
by the bank.
Assuming that nothing is paid / or there is partial payment (INR Y) of dues during
the month of February, the overdue as on 01-03-2021 will be INR X - INR Y.
The age of oldest dues is reckoned in days from the date on which the oldest
payment is due and continues to remain unpaid. In the aforesaid illustration, if the
dues relating to 01-02-2021 remain unpaid till 01-03-2021, the age of the oldest
dues is reckoned as 29 days on 02-03-2021.
(b) Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
Lending institutions will recognize the incipient stress in loan accounts, immediately on
default, by classifying them as Special Mention Accounts (SMA). The basis of
classification of SMA / NPA category shall be as follows:
Loans other than revolving facilities Loans in the nature of cash credit / overdraft
SMA Sub Basis for classification – SMA Sub- Basis for classification – Outstanding balance
categories Principal or interest categories remains continuously in excess of the
payment or any other sanctioned limit or drawing power, whichever
amount wholly or partly is lower, for a period of:
overdue
SMA 0 Up to 30 days NA NA
SMA 1 More than 30 days and SMA 1 More than 30 days and
Up to 60 days Up to 60 days
SMA 2 More than 60 days and SMA 2 More than 60 days and
Up to 90 days Up to 90 days
(i) Interest and/or instalment of principal remains overdue for a period of more than
90 days in respect of a term loan,
(i) the outstanding balance in the CC/OD account remains continuously in excess of the
sanctioned limit/drawing power for 90 days, or
(ii) the outstanding balance in the CC/OD account is less than the sanctioned limit/drawing
power but there are no credits continuously for 90 days, or the outstanding balance in
the CC/OD account is less than the sanctioned limit/drawing power but credits are not
enough to cover the interest debited during the previous 90 days period.
Illustrative movement of an account to SMA category to NPA category based on delay I non-payment
of dues and subsequent upgradation to Standard category at day end process:
Due date of Payment date Payment covers Age of SMA /NPA SMA since NPA NPA Date
payment oldest dues categorisation date / SMA categorization
in days class date
01.01.2022 01.01.2022 Entire dues upto 0 NIL NA NA NA
01.01.2022
01.02.2022 01.02.2022 No Payment or Partly 1 SMA-0 01.02.2022 NA NA
paid dues of
01.02.2022
01.02.2022 02.02.2022 No Payment or Partly 2 SMA-0 01.02.2022 NA NA
paid dues of
01.02.2022
01.03.2022 Dues of 01.02.2022 not 29 SMA-0 01.02.2022 NA NA
fully paid 01.03.2022
is also due at EOD
01.03.2022
Dues of 01.02.2022 1 SMA-0 01.03.2022 NA NA
fully paid, Due for
01.03.2022 is not paid
at EOD 01.03.2022
No payment of full 31 SMA-1 01.02.2022/ NA NA
dues of 01.02.2022 and 03.03.2022
01.03.2022 at EOD
03.03.2022
Dues of 01.02.2022 1 SMA-0 01.03.2022 NA NA
fully paid, due for
01.03.2022 not fully
(e) The Borrower agrees and acknowledges that the manner of classification and illustrations
of SMA and NPA as provided in sub-clauses (a) to (d) above in which the Bank is required
to classify accounts as SMA / NPA as per the various applicable regulations and guidelines
issued by RBI from time to time and:
(i) the same is liable to change / be modified as per the requirements of the RBI guidelines
in the matter issued from time to time. Any such change shall be intimated by the Bank
to the Borrower from time to time and the Borrower agrees and acknowledges that
such intimation shall accordingly modify the manner and illustrations provided herein
without a need for further amendment to the Agreement or require specific
acknowledgment of the Borrower; and
(ii) the Bank shall have the right to classify the account of the Borrower with the Bank as
SMA / NPA as per the applicable regulations / guidelines issued by RBI from time to
time even though the manner of classification and the illustrations thereof are not set
forth in this Agreement or the Sanction Letter(s).
Definition -Politically exposed persons are individuals who are or have been entrusted with
prominent public functions in a foreign country, e.g., Heads of States or Governments, senior
politicians, senior government/judicial/military officers, senior executives of state-owned
corporations, important political party officials, etc.
Definition -Politically
exposed persons are individuals who are or have been entrusted with
prominent public functions in a foreign country, e.g., Heads of States or Governments, senior
politicians, senior government/judicial/military officers, senior executives of state-owned
corporations, important political party officials, etc.
5. Commodity/ Margin
11 Rate of Interest At ……% above Repo Rate (the Repo Rate applicable at present being
__% p.a.) i.e., presently at the rate of........ percent per annum or at
such other rate as the Bank may fix from time to time, in relation to
the Repo Rate,” payable on due date along with the principal amount.
12. Penal Charges • Financial Default*: 8% p.a. above applicable interest rate on
the outstanding amount (subject to the aggregate not
exceeding Rs. 1,00,000/- per instance).
• Non-Financial Default**: 1% p.a. above applicable interest
rate / commission from the date of each non-financial default
on the outstanding amount of fund-based credit facilities and
non-fund-based facilities (as applicable).
• There shall be no capitalisation of Penal Charges.
• The said Penal Charges will be subject to GST as per applicable
law on Goods and Service Tax in India, and GST will be
charged separately.
• *Financial Default includes all types of payment or financial
defaults/irregularities with respect to your Loan Account.
• **Non-Financial Default includes breach of any other
obligation(s)/covenant(s) with respect to your Loan Account.
13 Valuation of Commodity The value of the commodity as security shall be the lower of the
following:
15. Maximum tenor The tenure of the loan shall be …… months. The validity of the facility
against a Warehouse Receipt/Storage Receipt/ eNWR to expire by the
end of the month in which new crop arrives (harvesting season). In
case of any commodity having multiple harvesting seasons, the tenure
of the intermittent crop also needs to expire by the end of the month
in which new main crop arrives. The above tenors are subject to the
maximum duration as specified by the Bank for each commodity.
➢ The Borrower shall ensure that at any point of time, during the
currency of the facility, the receipt wise total outstanding
(including interest accrued till date) as a percentage of the
market value of the commodities pledged should not exceed
82.5%. In case of outstanding exceeds 82.5 %, the Borrower
shall furnish additional security or deposit funds within 5 days
of being served a notice to replenish with the original margin
level as stipulated in the schedule. In case, the borrower does
not bring in additional security or funds within the stipulated
time, the Bank may offload the commodities, directly or
through an agent, in part or full, at its discretion to ensure
maintenance of the requisite margin. The loss if any from this
action would be to the borrower’s account. However, during
the notice period or any time during the currency of the facility,
if the total outstanding (including interest accrued till date) as
a percentage of the market value of the commodities pledged
touches 90 % due to commodity price volatility, Bank may
immediately initiate disposal of the commodities on the same
day directly or by appointing an agent. The Banks Decision and
action shall final as regards such disposal. The Bank may offload
the commodities in part or full at its discretion. All the expense
of the agent, if any, appointed shall be borne by the borrower.
➢ Providing PDCs towards repayment of the loan.
➢ Pre-stacked stock will not be financed. The same can be
considered only if the borrower agrees to pay the de-stacking
and restacking expenses.
➢ Warehouse / Storage Receipts/ eNWR/ ePledge Lot should be
kept valid during the currency of the facility.
➢ Inspection of the Commodity stocked will be conducted at least
once in a month by the Bank officials.
➢ QC charges, fumigation charges and other charges if any,
wherever required are to be borne by the borrower.
➢ Repo Rate would be declared by the Bank on a monthly basis
and shall be displayed at the Axis Bank website. Subsequent
disbursements would be at the respective Repo rate of the
month in which funds are drawn.
The contents of the document have been explained to me in ___________ language and I/we
have understood the same.
IN WITNESS WHEREOF the Borrower has hereunto put his hand and seal on
_____________________
_____________________
_____________________ ______________________
Borrower’s Signature Borrower’s Initial
_________________________
_________________________
_________________________
[Note: Both the signature and the initials to be obtained on this page]
____________________
Name :_____________________________
_______________________________
Signature
___________________
Initial
_______________________________
(c) Mr./Ms.________________________________
_______________________________
Signature
___________________
Initial
(d) Mr./Ms.________________________________
_______________________________
Signature
___________________
Initial
(e) Mr./Ms.________________________________
_______________________________
Signature
___________________
Initial
___________________
(Proprietor Signature)
__________________
(Proprietor Initial)
[Note: Both the signature and the initials to be obtained on this page]
_______________________________
(Karta Signature)
___________________ ______
(Karta Initial)
[insert designation]
Signature
___________________
[insert designation]
Initial
FACILITY AGREEMENT
This Agreement executed at the place and date specified in the Schedule by the person(s)
described in the said Schedule (hereinafter referred to as the “Borrower”, which expression shall
unless repugnant to the context or subject otherwise requires include his/ her /their respective
heir(s), executor(s) and administrator(s) and assigns) in favour of
Axis Bank Limited, a public limited company incorporated under the Companies Act 1956 and
licensed as a Bank under the Banking Regulation Act, 1949 and having its registered office at
“Trishul”, 3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellisbridge, Ahemdabad-
380006 and a branch office as specified in the Schedule (hereinafter called the "Bank” which
expression shall include its successors and assigns)
1. General Interpretation
In this Agreement, unless the context otherwise requires:
2. Definitions
a) “Balance Due to the Bank” means and includes the principal amount of the Facility from time
to time advanced to the Borrower, interest, penal charges thereon as set out herein and all
costs, charges, commissions and expenses, including incremental taxes, interest tax and any
other related and consequential charges and taxes, insurance premium which the Bank may
have paid or incurred, including in connection with the commodities and also the incidental
or other charges debited by the Bank to the account of the Borrower in accordance with the
rules, or usage of the Bank.
b) "Commodities" means the harvested agricultural crops /agricultural processed commodities/
agricultural inputs viz. fertilizers, seeds, pesticides etc and other non-hazardous non-agricultural
commodities deposited by the Borrower with the warehouse.
c) "Facility" means the financial assistance granted by the Bank to the Borrower and more
particularly described in the schedule.
d) “Schedule” means the schedule annexed of this Agreement, which forms a part of the
Agreement.
e) "Authorized representative of Joint Liability Groups (JLGs)" shall refer to persons who shall be
storing the Commodities in the warehouses on behalf of the Farmers.
f) “Warehouse” or a “Godown”, by whatever name called is a storage area, where the
commodities pledged/to be pledged to the Bank are stored.
g) "WDRA" means the Warehousing Development and Regulatory Authority established under
the Warehousing (Development And Regulation) Act, 2007
h) Repositories means an entity that has received a certificate of registration from the Authority
for creation and management of electronic negotiable warehouse receipts and include
National E- Repository Limited (NERL) and CDSL Commodity Repositories Limited (CCRL)
i) “Negotiable Warehouse Receipt” means a warehouse receipt under which the goods
represented therein are deliverable to the depositor or order, the of endorsement which has
the effect of transfer of goods represented thereby and the endorsee for which takes a good
title;
j) “Electronic Negotiable Warehouse Receipt (eNWR) ” means a negotiable warehouse receipt
issued in an electronic form by _warehouseman of WDRA accredited Warehouse_and
management of electronic negotiable warehouse receipts
k) “Repository Participant– Account Maintenance” means as per WDRA guidelines, a Repository
may appoint one or more entities as Repository Participants for carrying all or any of the
following core activities of repository such as enabling the transfer of electronic Negotiable
Warehouse Receipts; on-boarding the users of a Repository; To identify through documentary
and/ or physical verification, on behalf of the Repository, the identity, and address of the
depositor in whose favor a warehouseman intends to issue an electronic Negotiable
Warehouse Receipt; To facilitate the opening, management, and closing of accounts of users
on the Repository;
l) Repository Participant – Pledgee means entities for carrying out core activity of enabling the
pledge or removal of the pledge, e-auction of electronic Negotiable Warehouse Receipts.
These entities are Scheduled Commercial Bank as listed under Schedule 2 (as amended) of
the Reserve Bank of India Act, 1934, or financial institution licensed under the Banking
Regulation Act, 1949 and the Reserve Bank of India Act, 1934; Such other financial
intermediaries which are permitted by RBI for the purpose of carrying on the business of lending
and borrowing; Any custodian as defined by SEBI
19) The Bank shall maintain/cause to be maintained the Facility account in the name of the
Borrower for entering the particulars of the said Facility for the time being (hereinafter
referred to as the said "Account”).
20) The Borrower shall each be entitled to the Facility of a maximum amount equivalent to the
value of the Commodities deposited by the Borrower with the warehouse, from time to
time. Such value shall be based on the amount of commodities supplied by the Borrower
as evidenced in the warehouse receipt /storage receipt and other documents deposited
by the borrower/Collateral Manager or unencumbered eNWR/ePledge Lot depicting in
the beneficiary account/COMRIS account of the borrower with ComRIS Participants /
Repository Participant – Account Maintenance and evidencing the pledge of
commodities to the Bank and the market price offered for the said commodities, from time
to time. Notwithstanding the above the maximum amount of credit line available to the
Borrower shall not exceed Rupees ________. In case of JLGs, the maximum amount of
credit line provided to individual farmers within the overall limit of JLG shall not exceed Rs.
10 lakhs. The price of the commodity considered for disbursement of a warehouse
receipt/storage receipt/ eNWR/ePledge lot, shall be at the sole discretion of the Bank.
22) The Borrower shall pay interest on said facility as specified in the Schedule, which shall be
paid along with the repayment of the Facility as specified herein.
23) The Borrower) shall pay ‘the Balance due to the Bank’ on demand from the Bank. Without
prejudice to the right of the Bank to demand the balance due to the Bank at any time,
the Borrower hereby agrees to repay all amount(s) drawn and/or outstanding under the
said account on the date(s) as stipulated together with interest, penal charges and other
amounts payable under this Agreement.
24) The Borrower hereby acknowledges to have deposited the Commodities with the
warehouse/Collateral Manager more particularly described in the schedule, absolutely
belonging to the Borrower, notwithstanding-
a) The existence of a credit balance or “Nil” balance in the accounts at anytime or any
partial payment or fluctuation of accounts or
b) Any loan(s) or any part thereof has been repaid either after demand has been made
by the Bank or otherwise or has not been so repaid on demand.
25) In case of eNWR/ePledge lot Borrower will require to follow the process mentioned below
in order to create valid pledge in favor of the Bank:
(a) The borrower shall deposits the commodity in the WDRA accredited warehouse/
MCX accredited Warehouse where the warehouseman generates the electronic
Negotiable Warehouse Receipt in the repository platform / electronic credit balance
of commodities in ComRIS.. This eNWR/ePledge Lot should reflects as electronic
balance in the Beneficiary account/COMRIS account of the borrower opened with
the Repository Participant – Account Maintenance (RP – Account Maintenance)
/Comris Participant.
(b) The borrower shall then submits the request for pledge of eNWR/ePldge Lot to the
Bank through Comris Participant RP – Account Maintenance with an intention to
create a pledge on the commodities described in the schedule and such future
commodities of the Borrower against which the Borrower intends to avail the
Facility, from time to time thereon
(c) The Borrower shall submit the unencumbered eNWR ePledge Lot depicting in the
beneficiary account/COMRIS account of the borrower with Comris Participant
a) The Borrower shall not, without previous permission in writing of the Bank, sell or otherwise
part with the possession/ownership of the commodities. Where with such permission of the
Bank the commodities is sold or disposed off by the Borrower, the value of such produce
sold shall be paid forthwith to the Bank towards repayment of the Facility.
b) It shall be the duty of the Borrower to safeguard and diligently manage the commodities
and do everything that is necessary to preserve, protect and maintain the quality of the
commodities Whenever required by the Bank, the Borrower shall do everything necessary
for transferring to and effectively vesting in the Bank or any of its officers or nominees titled
to the commodities. The Borrower shall keep the Bank informed of the true condition of the
commodities.
c) The Borrower hereby expressly undertakes to hold the commodities in trust for and as agent
of the Bank until full repayment of all the balance due to the Bank including interest, cost
and expenses of the bank. The Borrower(s) further agrees to deal with and dispose of the
Commodities in the manner instructed by and under the supervision and control of the
Bank, its agents, officers or nominees.
d) The Borrower shall insure/ensure insurance of the commodities as may be required by the
Bank against loss or damage by fire and other risks as may be required by the Bank and
shall bear all costs, expenses, charges, levies, taxes, fees etc. payable in connection with
the commodities, their storage in the warehouse/godown, insurance thereof, provision of
security and/or the taking of any action for protection/preservation thereof, protection of
the Bank’s interest therein, as also all costs, expenses and charges payable in connection
with the enforcement of the commodities and sale thereof. In the event the Bank is
required to pay any amounts in this regard the same shall form part of the Balance due to
the Bank and the borrower(s) shall promptly reimburse the said amounts to the Bank on
receipt of notice in this regard. Any such insurance shall be in the name of the Bank/
assigned to the Bank as required by the Bank. It shall be also lawful for but not obligatory
upon the Bank to insure the commodities by debit to the Borrower's account. The proceeds
of any such insurance shall, at the discretion of the Bank either applied towards
replacement of the commodities or towards the satisfaction of the balance due to the
Bank.
e) The Borrower hereby declares and confirms that the commodities are free from
encumbrances and has not been offered/does not constitute security for any loan
/advance availed by the Borrower from any other person or institution.
f) The Borrower shall be responsible for the quantity and quality of the commodities as also
for the correctness of any statements/documents furnished to the Bank in connection with
• However, if Borrower fails to make the payment of above said amounts in default for
payment or the penal charges and other charges levied by the Bank within 90 days from
the due date of such payments, in that case said loan/drawal account shall be classified
as Non Performing Asset (“NPA”).
• In order to regularise the said loan/drawal account, the Borrower shall be liable to pay all
the above mentioned amounts in default and/or penal charges and other charges, as the
case may be, [on immediate basis].
• The Fair Practice Code for the Lenders as published on the Axis Bank's website, shall
apply to the Loan. Copy of the Fair Practice Code for lenders as available on the Bank's
website.
https://www.axisbank.com/docs/default-source/default-document-library/fair-practice-
code-for-lenders.pdf
• Interest for the Warehouse receipt Finance will be due and charged on every last day of
the month from the date of disbursement.
• Principal repayment will be due on the maturity of said warehouse receipt finance along
with the interest for the broken period (i.e., difference between last month end interest
application and maturity of the loan).
• I understand that if I do not pay my dues on the above-mentioned date, my account will
be considered as ‘Overdue’ from the end of that date.
1.4 Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
(v) Dues: shall mean the principal / interest / any charges levied on the loan account
which are payable within the period stipulated as per the terms of sanction of the
credit facility.
(vi) Overdue: shall mean the principal / interest / any charges levied on the loan
account which are payable, but have not been paid within the period stipulated
as per the terms of sanction of the credit facility. In other words, any amount due
to the bank under any credit facility is 'overdue' if it is not paid by the due date fixed
by the bank.
(vii) Relevance of the principle of 'First In First Out' (FIFO) in appropriation of payments
into the Borrower’s account: The principle of FIFO i.e. 'First In, First Out' accounting
method is relevant to arrive at the number of days overdue for determining the
SMA/NPA status. The FIFO principle assumes that the oldest outstanding dues in the
loan account needs to be cleared first. The FIFO method thus requires that what is
due first must be paid by the Borrower first. For example, if in any loan account as
on 01-02-2021, there are no overdues and an amount of INR X is due for payment
towards principal instalment / interest / charges, any payment being credited on
or after 01-02-2021 in the loan account will be used to pay off the dues outstanding
on 01-02-2021.
Assuming that nothing is paid / or there is partial payment (INR Y) of dues during the
month of February, the overdue as on 01-03-2021 will be INR X - INR Y.
The age of oldest dues is reckoned in days from the date on which the oldest
payment is due and continues to remain unpaid. In the aforesaid illustration, if the
dues relating to 01-02-2021 remain unpaid till 01-03-2021, the age of the oldest dues
is reckoned as 29 days on 02-03-2021.
Lending institutions will recognize the incipient stress in loan accounts, immediately on
default, by classifying them as Special Mention Accounts (SMA). The basis of
classification of SMA / NPA category shall be as follows:
Loans other than revolving facilities Loans in the nature of cash credit / overdraft
SMA Sub Basis for classification – SMA Sub- Basis for classification – Outstanding
categories Principal or interest categories balance remains continuously in excess of
payment or any other the sanctioned limit or drawing power,
amount wholly or partly whichever is lower, for a period of:
overdue
SMA 0 Up to 30 days NA NA
SMA 1 More than 30 days and SMA 1 More than 30 days and
Up to 60 days Up to 60 days
SMA 2 More than 60 days and SMA 2 More than 60 days and
Up to 90 days Up to 90 days
(viii) Interest and/or instalment of principal remains overdue for a period of more than
90 days in respect of a term loan,
(ix) The account remains 'out of order' as indicated below, in respect of an Overdraft /
Cash Credit (OD / CC),
(x) The bill remains overdue for a period of more than 90 days in the case of bills
purchased and discounted,
(xi) The instalment of principal or interest thereon remains overdue for two crop seasons
for short duration crops
(xii) The instalment of principal or interest thereon remains overdue for one crop season
for long duration crops.
(xiii) The amount of liquidity facility remains outstanding for more than 90 days, in respect
of a securitisation transaction undertaken in terms of the Reserve Bank of India
(Securitisation of Standard Assets) Directions, 2021.
(xiv) in respect of derivative transactions, the overdue receivables representing positive
mark-to-market value of a derivative contract, if these remain unpaid for a period
of 90 days from the specified due date for payment.
(iii) the outstanding balance in the CC/OD account remains continuously in excess of the
sanctioned limit/drawing power for 90 days, or
(iv) the outstanding balance in the CC/OD account is less than the sanctioned limit/drawing
power but there are no credits continuously for 90 days, or the outstanding balance in the
CC/OD account is less than the sanctioned limit/drawing power but credits are not
enough to cover the interest debited during the previous 90 days period.
Illustrative movement of an account to SMA category to NPA category based on delay I non-payment
of dues and subsequent upgradation to Standard category at day end process:
(i) the same is liable to change / be modified as per the requirements of the RBI guidelines
in the matter issued from time to time. Any such change shall be intimated by the Bank
to the Borrower from time to time and the Borrower agrees and acknowledges that such
intimation shall accordingly modify the manner and illustrations provided herein without
a need for further amendment to the Agreement or require specific acknowledgment
of the Borrower; and
(ii) the Bank shall have the right to classify the account of the Borrower with the Bank as
SMA / NPA as per the applicable regulations / guidelines issued by RBI from time to time
even though the manner of classification and the illustrations thereof are not set forth in
this Agreement or the Sanction Letter(s).
Definition -Politically exposed persons are individuals who are or have been entrusted
with prominent public functions in a foreign country, e.g., Heads of States or
Governments, senior politicians, senior government/judicial/military officers, senior
executives of state-owned corporations, important political party officials, etc.
Definition -Politically exposed persons are individuals who are or have been entrusted
with prominent public functions in a foreign country, e.g., Heads of States or
Governments, senior politicians, senior government/judicial/military officers, senior
executives of state-owned corporations, important political party officials, etc.
1. Place of Agreement
2. Date of Agreement
Details of the
3. borrower
Address
Name of the Borrower Village:
Tehsil:
District:
Telephone No.
Village:
Tehsil:
District:
Telephone No.
4. Address of the Branch Axis Bank Ltd. ________________ Branch
office of the Bank ___________________________________
5 Commodity/Margin:
11. Rate of Interest At ……% above Repo Rate (the Repo Rate applicable at
present being __% p.a.) i.e., presently at the rate of........
percent per annum or at such other rate as the Bank may
fix from time to time, in relation to the Repo Rate,”
payable on due date along with the principal amount.
12 Penal charges • Financial Default*: 8% p.a. above applicable
interest rate on the outstanding amount (subject
to the aggregate not exceeding
Rs. 1,00,000/- per instance).
• Non-Financial Default**: 1% p.a. above
applicable interest rate / commission from the
date of each non-financial default on the
outstanding amount of fund-based credit
facilities and non-fund-based facilities (as
applicable).
• There shall be no capitalisation of Penal
Charges.
• The said Penal Charges will be subject to GST as
per applicable law on Goods and Service Tax in
India, and GST will be charged separately.
• *Financial Default includes all types of payment
or financial defaults/irregularities with respect to
your Loan Account.
• **Non-Financial Default includes breach of any
other obligation(s)/covenant(s) with respect to
your Loan Account.
The contents of the document have been explained to me in ___________ language and
I/we have understood the same.
IN WITNESS WHEREOF the Borrower has hereunto put his hand and seal on
_______________________
_____________________
_____________________ ______________________
Borrower’s Signature Borrower’s Initial
_________________________
_________________________
_________________________
Authorised Signatory Signature Authorised Signatory Initial
[Note: Both the signature and the initials to be obtained on this page]
____________________
Name :_____________________________
_______________________________
Signature
___________________
Initial
_______________________________
Signature
___________________
Initial
(h) Mr./Ms.________________________________
_______________________________
Signature
___________________
Initial
(i) Mr./Ms.________________________________
Signature
___________________
Initial
(j) Mr./Ms.________________________________
_______________________________
Signature
___________________
Initial
___________________
(Proprietor Signature)
__________________
(Proprietor Initial)
[Note: Both the signature and the initials to be obtained on this page]
___________________ ______
(Karta Initial)
[insert designation]
Signature
___________________
[insert designation]
Initial
____________________
THIS SUPPLEMENTAL AGREEMENT is made and entered by and between on _____day of _____
year
“Borrower”, which expression shall, unless repugnant to the context or meaning thereof, be
deemed to mean and include its successors and permitted assigns) of the OTHER PART;
AND
Axis Bank Limited, a banking company carrying on its banking business under the Banking
Regulation Act, 1949 and incorporated under the Companies Act, 1956 and having its registered
office at Ahmedabad and its corporate office at Axis house, C-2, Wadia International Centre,
P.B.Marg, Worli, Mumbai 400025 (hereinafter referred to as “the Bank” which term shall include
unless the context be repugnant to its successors and assigns in business) of the ONE PART.
The Parties to this Agreement are hereinafter individually referred to as a "Party" and collectively
as "Parties".
WHEREAS by Facility Cum Pledge Agreement dated [____________] entered into between the
Bank and the “Borrower” (hereinafter referred to as the Principal Agreement), “Borrower” has
inter-alia agreed to avail Loan from the Bank against pledge of warehouse receipts/storage
receipts which are more particularly described in the Principal Agreement and the Bank has
accepted the same subject to the terms contained therein.
AND WHEREAS in terms of clauses for “Definitions, Terms of the Facility, Dealing with the
Commodities, Event of Default, Event of Jeopardy and Schedule of the Principal Agreement, the
Principal Agreement can be modified, amended or altered with the consent of both the Parties,
and thus, the Parties hereby agree to execute this separate agreement, being supplemental of
Now, the Borrower and the Bank has agreed to further amend the Principal Agreement and
include obligations of the Parties for the facility as hereunder set forth in this Supplemental
Agreement.
In consideration of both Parties mutually agreeing to execute this Supplemental Agreement, THIS
AGREEMENT WITNESSETH AS UNDER:
1. Parties hereby agree that Clause no. 2, under the heading ‘definition’ in the Principal
Agreement shall stand modified and replaced as under-
2.g "WDRA" means the Warehousing Development and Regulatory Authority established
under The Warehousing (Development And Regulation) Act, 2007
2.h “ Repositories” means an entity that has received a certificate of registration from the
Authority for creation and management of electronic negotiable warehouse receipts and
include National E- Repository Limited (NERL) and CDSL Commodity Repositories Limited
(CCRL)
2.i “Negotiable warehouse receipt” means a warehouse receipt under which the goods
represented therein are deliverable to the depositor or order, the of endorsement which
has the effect of transfer of goods represented thereby and the endorsee for which takes
a good title;
3.2. The Borrower shall each be entitled to the Facility of a maximum amount equivalent to
the value of the Commodities pledged by the Borrower from time to time with the Bank. Such
value shall be based on the amount of commodities supplied by the Borrower, as evidenced
in the warehouse receipt/storage receipt and other documents deposited by the
Borrower/Collateral Manager or unencumbered eNWR/ePledge Lot depicting in the
beneficiary account/COMRIS account of the borrower with ComRIS Participants /Repository
Participant – Account Maintenance and evidencing the pledge of commodities to the Bank
and the market price offered for the said commodities, from time to time. Notwithstanding
the above the maximum amount of credit line available to the Borrower shall not exceed
Rupees ________. In case of JLGs, the maximum amount of credit line provided to individual
farmers within the overall limit of JLG shall not exceed Rs. 10 lakhs. The price of the
commodity considered for disbursement of a warehouse receipt/storage receipt/
eNWR/ePledge lot, shall be at the sole discretion of the Bank.
3.3 a) The Bank at the request of the Borrower has agreed to grant / granted credit facility as
described in the Schedule with full power to the Bank from time to time to renew or reduce
or enhance the limit (as and when the Borrower/Collateral Manager deposits warehouse
receipts/storage receipts or unencumbered eNWR/ePledge lot depicting in the beneficiary
account/COMRIS account of the borrower with Repository Participant – Account Maintenance
duly endorsed in favour of the Bank evidencing the pledge of commodities to the Bank) or
altogether withdraw the facility on the terms and conditions appearing herein.
3.6 The Borrower hereby deposits and agrees to deposit with the Bank the warehouse
receipt/storage receipt slips/eNWR/ePledge lot and such other documents as sought by the
Bank either directly or through Collateral Manager or agent with an intention to create a
pledge on the commodities described in the schedule and such future commodities of the
Borrower against which the Borrower intends to avail the Facility, from time to time thereon.
Introduction of clause 3.7 In case of eNWR/ePledge lot Borrower will require to follow the
process mentioned below in order to create valid pledge in favor of the Bank:
i) The borrower shall deposits the commodity in the WDRA accredited warehouse /MCX
accredited Warehouse where the warehouseman generates the electronic Negotiable
Warehouse Receipt in the repository platform/ electronic credit balance of commodities in
ComRIS. This eNWR/EPledge Lot should reflects as electronic balance in the Beneficiary
account /COMRIS account of the borrower opened with the Repository Participant – Account
Maintenance (RP – Account Maintenance)/ Comris Participant.
iii) The Borrower shall submit the unencumbered eNWR/ePledge Lot depicting in the
beneficiary account /COMRIS account of the borrower with Comris Participant /Repository
Participant – Account Maintenance and evidencing the commodities pledged to the Bank and
the market price offered for the said commodities.
3. Parties hereby agree that, under the clause heading ‘Dealing with the Commodities’ in
the Principal Agreement shall stand modified as under-
17.i The Borrower shall adhere to the rules and regulations stipulated in the WDRA/MCX
and shall ensure compliance with the provisions of WDR Act/Security Contract Act including
amendments thereof from time to time
4. Parties hereby agree that Clause, under the heading ‘Events of default’ in the Principal
Agreement shall stand modified as under-
An event of default shall be deemed to have occurred if the Borrower (a) commits a
breach of any of the terms and conditions in this Agreement including in the Schedule
annexed hereto and /or the sanction letter or any written terms agreed thereon (b) fails
to pay any installment or any other payment on the due dates and such failure continues
for 5 days; or (c) makes assignment for the benefit of creditors or the Commodities are
attached or any regulatory restraint is levied thereon by the appropriate government or
other authorities as the case may be, or a receiver is appointed thereof or insolvency
proceedings are instituted against the Borrower; or (d) where any information mentioned
by the Borrower) to the Bank is found to be incorrect or incomplete in any material facts
stated therein
5. Parties hereby agree that below Clause, in the Principal Agreement shall stand modified
as under-
In the event the Commodities under this Agreement are in jeopardy (as determined by
the Bank in its sole discretion) for any reason whatsoever, the Bank shall be entitled to
enforce the pledge and sell the pledged Commodities in any manner and the sale
proceeds shall be utilized towards reduction of the balance due to the Bank. In case of
6. Parties hereby agree that schedule of the Principal Agreement shall stand modified as
under-
Valuation of Commodity The value of the commodity as security shall be the lower of the
following:
6. Price cap provided by the Bank from time to time for various
commodities
➢ In case of eNWR/ ePledge Lot, the value and quality of stocks will
be certified by the warehouseman.
Nature of the Facility Credit Line against Pledge of Warehouse/Storage Receipts/ eNWR/ePledge
Lot
Maximum tenor The tenure of the loan shall be …… months. The validity of the facility against
a Warehouse Receipt/Storage Receipt/ eNWR to expire by the end of the
month in which new crop arrives (harvesting season). In case of any
commodity having multiple harvesting seasons, the tenure of the
intermittent crop also needs to expire by the end of the month in which new
main crop arrives. The above tenors are subject to the maximum duration as
specified by the Bank for each commodity.
7. It is further agreed that save and except the above mentioned addition and/or
modification of the terms, conditions and stipulations, warranties, confirmations,
responsibilities as stated and agreed to by both the Parties, the Principal Agreement shall
continue to be in force. This Supplemental Agreement shall form an integral part of the
Principal Agreement and be deemed to be incorporated and shall always be read in
conjunction with the Principal Agreement. This Supplemental Agreement shall not be
considered as substitution, suspension or termination of the Principal Agreement, except
if the contrary is specifically stated herein above.
8. Parties agree that in case of any conflict between the terms of this Supplemental
Agreement and the Principal Agreement, this Supplemental Agreement shall prevail only
9. Axis Bank can change the reset frequency for the Commodity Pledge loans once in 3 months or as
decided by the Bank, whichever is earlier
• Interest for the Warehouse receipt Finance will be due and charged on every last day of
the month from the date of disbursement.
• Principal repayment will be due on the maturity of said warehouse receipt finance along
with the interest for the broken period (i.e., difference between last month end interest
application and maturity of the loan).
• I understand that if I do not pay my dues on the above-mentioned date, my account will
be considered as ‘Overdue’ from the end of that date.
1.6 Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
(ix) Dues: shall mean the principal / interest / any charges levied on the loan account
which are payable within the period stipulated as per the terms of sanction of the
credit facility.
(x) Overdue: shall mean the principal / interest / any charges levied on the loan
account which are payable, but have not been paid within the period stipulated as
per the terms of sanction of the credit facility. In other words, any amount due to
the bank under any credit facility is 'overdue' if it is not paid by the due date fixed
by the bank.
Assuming that nothing is paid / or there is partial payment (INR Y) of dues during
the month of February, the overdue as on 01-03-2021 will be INR X - INR Y.
Additionally, an amount of INR Z becomes due as on 01-03-2021. Now any payment partial
payment into the account on or after 01-03-2021 will be first utilized to pay off the partial
due of 01-02-2021 (INR X - INR Y). If there is more recovery than the INR X - INR Y, then
after recovering dues of 01-02-2021, the remaining amount will be treated as recovery
towards due of 01-03-2021.
The age of oldest dues is reckoned in days from the date on which the oldest payment is
due and continues to remain unpaid. In the aforesaid illustration, if the dues relating to 01-
02-2021 remain unpaid till 01-03-2021, the age of the oldest dues is reckoned as 29 days
on 02-03-2021.
(j) Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
Lending institutions will recognize the incipient stress in loan accounts, immediately on
default, by classifying them as Special Mention Accounts (SMA). The basis of
classification of SMA / NPA category shall be as follows:
Loans other than revolving facilities Loans in the nature of cash credit / overdraft
SMA Sub Basis for classification – SMA Sub- Basis for classification – Outstanding balance
categories Principal or interest categories remains continuously in excess of the
payment or any other sanctioned limit or drawing power, whichever
amount wholly or partly is lower, for a period of:
overdue
SMA 0 Up to 30 days NA NA
SMA 1 More than 30 days and SMA 1 More than 30 days and
Up to 60 days Up to 60 days
SMA 2 More than 60 days and SMA 2 More than 60 days and
(xv) Interest and/or instalment of principal remains overdue for a period of more than
90 days in respect of a term loan,
(xvi) The account remains 'out of order' as indicated below, in respect of an Overdraft /
Cash Credit (OD / CC),
(xvii) The bill remains overdue for a period of more than 90 days in the case of bills
purchased and discounted,
(xviii) The instalment of principal or interest thereon remains overdue for two crop
seasons for short duration crops
(xix) The instalment of principal or interest thereon remains overdue for one crop
season for long duration crops.
(xx) The amount of liquidity facility remains outstanding for more than 90 days, in
respect of a securitisation transaction undertaken in terms of the Reserve Bank of
India (Securitisation of Standard Assets) Directions, 2021.
(xxi) in respect of derivative transactions, the overdue receivables representing positive
mark-to-market value of a derivative contract, if these remain unpaid for a period
of 90 days from the specified due date for payment.
(v) the outstanding balance in the CC/OD account remains continuously in excess of the
sanctioned limit/drawing power for 90 days, or
(vi) the outstanding balance in the CC/OD account is less than the sanctioned limit/drawing
power but there are no credits continuously for 90 days, or the outstanding balance in
the CC/OD account is less than the sanctioned limit/drawing power but credits are not
enough to cover the interest debited during the previous 90 days period.
Illustrative movement of an account to SMA category to NPA category based on delay I non-payment of
dues and subsequent upgradation to Standard category at day end process:
(i) the same is liable to change / be modified as per the requirements of the RBI guidelines
in the matter issued from time to time. Any such change shall be intimated by the Bank
to the Borrower from time to time and the Borrower agrees and acknowledges that
such intimation shall accordingly modify the manner and illustrations provided herein
without a need for further amendment to the Agreement or require specific
acknowledgment of the Borrower; and
(ii) the Bank shall have the right to classify the account of the Borrower with the Bank as
SMA / NPA as per the applicable regulations / guidelines issued by RBI from time to
time even though the manner of classification and the illustrations thereof are not set
forth in this Agreement or the Sanction Letter(s).
Definition -Politically exposed persons are individuals who are or have been entrusted
with prominent public functions in a foreign country, e.g., Heads of States or
Governments, senior politicians, senior government/judicial/military officers, senior
executives of state-owned corporations, important political party officials, etc.
Definition -Politically exposed persons are individuals who are or have been entrusted
with prominent public functions in a foreign country, e.g., Heads of States or
Governments, senior politicians, senior government/judicial/military officers, senior
executives of state-owned corporations, important political party officials, etc.
IN WITNESS WHEREOF both the Parties hereunto put its hand and seal on the date and year first
herein above written.
This Agreement executed at the place and date specified in the Schedule by the person(s)
described in the said Schedule (hereinafter referred to as the “Borrower”, which expression shall
unless repugnant to the context or subject otherwise requires include his/ her /their respective
heir(s), executor(s) and administrator(s) and assigns) in favour of
Axis Bank Limited, a public limited company incorporated under the Companies Act 1956 and
licensed as a bank under the Banking Regulation Act, 1949 and having its registered office at
“Trishul”, 3rd Floor, Opposite Samartheshwar Temple, Law Garden, Ellisbridge, Ahemdabad-
380006 and a branch office as specified in the Schedule (hereinafter called the "Bank” which
expression shall include its successors and assigns)
WHEREAS:
1. The Borrower was sanctioned Commodity Loan, under the CLWF Scheme, aggregating to Rs.
____________/- (Rupees ____________only) by the Bank (hereinafter referred to as the “Credit
Facilities”) vide its sanction letter no. ___________ dated ______________ & for the further
facility/limit by way of enhancement in CLWF limit to the extent of Rs. ____________________/-
(Rs. _____________________ only) by Bank vide sanction letter no ______________________ dated
______________________ & to make aggregate limit/s of Rs. __________________________/-
(Rupees _______________________ Only) (hereinafter called the “Principal Sanction Letter”).
2. In consideration of the said sanction the borrower has entered into a Facility Cum Pledge
Agreement dated ________ (hereinafter referred to as the “Principal Facility Cum Pledge
Agreement”). The Borrower had also executed the under mentioned loan/security
documents.
i. Facility cum Pledge Agreement
ii. DP Note
iii. DP delivery cum waiver letter
iv. Declaration cum indemnity bond.
3. By the said Facility Cum Pledge Agreement dated________ executed by the Borrower, the
Borrower has created charge by way of Pledge in favour of the Bank, as and by way of security
for the above-referred credit facilities of present and future movable assets, that is, the pledge
of Warehouse receipts described in general terms in the Schedule attached to the Facility
Cum Pledge Agreement (all of which are hereinafter called “Pledged Property”).
4. At the request of the borrower, the Bank has agreed to provide finance to the borrower
against the pledge of agri commodities Numbers, within the sanctioned limit and has agreed
to execute the necessary documents as mandated by the Bank. By virtue of providing finance
against the agri commodities Numbers and revision of the Principal Sanction Letter, it has
become necessary to amend the Principal Facility Cum Pledge Agreement, which the
Borrower has agreed to do.
5. At the request of the Borrower, the Bank has agreed to provide additional / enhance the
Credit line warehouse finance facility, including against agri commodities Numbers Numbers
under the said CLWF Scheme over and above the outstanding amount to the Borrower and
have sanctioned the said facility to the Borrower vide its Sanction Letter No.
___________________ dated ___________________ (hereinafter referred to as the “Enhanced
Sanction Letter”), as under:-
1 CLWF limit
The aforesaid additional/enhanced limit/s is/are sanctioned on the specific condition that the
same should be secured by extension of charge on the Pledged property covered by the
Principal Facility Cum Pledge Agreement shall continue to be a security for the Bank for the
additional/enhanced limit together with interest, additional interest, expenses, costs and all
other monies payable by the Borrower to the Bank and the Borrower agrees that all other terms
and conditions in the Principal Facility Cum Pledge Agreement shall apply to the additional/
enhanced limit.
6. By virtue of this enhancement and revision of the Principal Sanction Letter, it has become
necessary to amend the Principal Facility Cum Pledge Agreement, which the Borrower has
agreed to do.
7. Considering the provision of finance against pledge of agri commodities Numbers and
enhancement in the facility, the borrower agrees that the terms of the facility shall be as per
the supplemental agreement.
The parties hereto have agreed to execute this Supplemental Agreement as under:
1) The Borrower agrees and confirms that this Agreement is and shall be supplemental to the
said Principal Facility Cum Pledge Agreement dated _______ and shall always be read in
conjunction with the same and with all the agreements already executed.
2) The Borrower agrees and confirms that the borrowing Limit of Rs.___________ /- stated in
the Schedule of the said Principal Facility Cum Pledge Agreement and in all other places
in the said Principal Facility Cum Pledge Agreement shall stand modified to
Rs._______________/-
3) The rate of interest applicable for the revised aggregate limit shall be ________% above
Repo Rate which will be reset once in 3 months or as decided by the bank (Repo Rate
applicable at present being __% p.a.) i.e., presently at the rate of ________ % per annum)
whichever is earlier in relation to the Repo rate for CLWF limits”.
4) It is hereby agreed that the figure of Rs.__________/-appearing in the said Principal Facility
Cum Pledge Agreement shall stand revised to Rs.___________/-(Rs. __________________
Only) and the figure of At ……% above Repo Rate (the Repo Rate applicable at present
being __% p.a.) i.e., presently at the rate of........ percent per annum or at such other rate
as the Bank may fix from time to time, in relation to the Repo Rate for CLWF limit (Physical
stock) which will be reset once in 3 months or as decided by the Bank, whichever is earlier
and that all other terms and conditions in the Principal Facility Cum Pledge Agreement
shall remain unchanged and shall continue to be applicable to the revised limits and be
binding on the Borrower.
a) The Borrower acknowledges and agrees that the Bank has/shall have sole discretion to:
i.allow Temporary Overdrafts in the account for meeting the temporary mismatches;
ii.allow operations beyond sanctioned limits i.e. granting excesses etc.
The Borrower also undertakes and agrees that they shall not be entitled to claim any of
the above as a matter of right even if the same are allowed by the Bank at any point of
time at their sole discretion. In such event, the Borrower hereby waives the requirement of
notice of withdrawal of any such facility stated above in this clause.
5) The Borrower agrees and declares that all the schedules, covenants and stipulations
contained in the said Principal Facility Agreement and to be performed and observed by
the Borrower shall be applicable to the enhanced facility as herein mentioned and be
binding on and enforceable against the Borrower as if all the provisions contained in the
Principal Facility Agreement were reiterated and reproduced herein.
6) The Borrower confirms and agrees that except for the above modification all the terms
and conditions, covenants, stipulations including all the provisions and schedules
contained in Principal Facility Agreement executed by the borrower will hold good without
any change and shall form part of this Supplemental Agreement.
7) The Parties hereby agree that save and except the terms and conditions hereinafter
specified for the above said substitution in this supplemental agreement, all the other terms
and conditions as contained in the Principal Facility Agreement shall remain unchanged
and shall continue to be applicable to the said extension of charge in favour of the Bank
and be binding on the Borrower irrespective of the contents of this supplemental
agreement.
Accordingly, the Borrower hereby agree and give consent for the disclosure by the Bank of all
or any such:
(a) information and data relating to us
(b) the information or data relating to any credit facility availed of/to be availed by
us and
(c) default, if any, committed by us, in discharge of our such obligations,
as the Bank may deem appropriate and necessary to disclose and furnish to Credit
Information Bureau (India) Ltd. and any other agency authorised in this behalf by RBI
We, declare that the information and data furnished by us to the Bank are true and correct.
9) That all the terms and conditions, covenants, stipulations, clauses including all the
provisions contained in the Principal Facility Agreement executed by the borrower shall
remain unchanged and shall apply mutatis mutandis to this Supplemental Agreement
also.
10) All disputes, differences and / or claim or questions arising out of these presents or in any
way touching or concerning the same or as to constructions, meaning or effect thereof or
as to the right, obligations and liabilities of the parties hereunder shall be referred to and
settled by arbitration, to be held in accordance with the provisions of the Arbitration and
Conciliation Act, 1996 or any statutory amendments thereof, of a sole arbitrator to be
nominated by the Lender/Bank, and in the event of death, unwillingness, refusal, neglect,
inability or incapability of a person so appointed to act as an arbitrator, the Lender/Bank
may appoint a new arbitrator to be a sole arbitrator. The arbitrator shall not be required to
give any reasons for the award and the award of the arbitrator shall be final and binding
on all parties concerned. The arbitration proceedings shall be held at
Mumbai/Delhi/Kolkata/Bangalore/Chennai/Kochi. The arbitral procedure shall be
conducted in English.
11) The Borrower hereby gives specific consent to the Bank/Lender for disclosing / submitting
the ‘financial information’ as defined in Section 3 (13 ) of the Insolvency and Bankruptcy
Code, 2016 ( ‘Code’ for brief ) read with the relevant Regulations/ Rules framed under the
Code, as amended and in force from time to time and as specified there under from time
to time, in respect of the Credit/ Financial facilities availed from the Bank/ Lender, from
time to time, to any ‘Information Utility’ ( ‘IU’ for brief ) as defined in Section 3 ( 21 ) of the
Code, in accordance with the relevant Regulations framed under the Code, and
directions issued by Reserve Bank of India to the banks from time to time and hereby
specifically agree to promptly authenticate the ‘financial information submitted by the
Bank/Lender, as and when requested by the concerned ‘IU’ .
• However, if Borrower fails to make the payment of above said amounts in default for payment
or the penal charges and other charges levied by the Bank within 90 days from the due date
of such payments, in that case said loan/drawal account shall be classified as Non
Performing Asset (“NPA”).
• In order to regularise the said loan/drawal account, the Borrower shall be liable to pay all the
above mentioned amounts in default and/or penal charges and other charges, as the case
may be, [on immediate basis]
• The Fair Practice Code for the Lenders as published on the Axis Bank's website, shall
apply to the Loan. Copy of the Fair Practice Code for lenders as available on the Bank's
website.
https://www.axisbank.com/docs/default-source/default-document-library/fair-practice-
code-for-lenders.pdf
• Interest for the Warehouse receipt Finance will be due and charged on every last day of
the month from the date of disbursement.
• Principal repayment will be due on the maturity of said warehouse receipt finance along
with the interest for the broken period (i.e., difference between last month end interest
application and maturity of the loan).
• I understand that if I do not pay my dues on the above-mentioned date, my account will
be considered as ‘Overdue’ from the end of that date.
1.8 Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
(xiii) Dues: shall mean the principal / interest / any charges levied on the loan account
which are payable within the period stipulated as per the terms of sanction of the
credit facility.
(xiv) Overdue: shall mean the principal / interest / any charges levied on the loan
account which are payable, but have not been paid within the period stipulated
as per the terms of sanction of the credit facility. In other words, any amount due
to the bank under any credit facility is 'overdue' if it is not paid by the due date fixed
by the bank.
(xv) Relevance of the principle of 'First In First Out' (FIFO) in appropriation of payments
into the Borrower’s account: The principle of FIFO i.e. 'First In, First Out' accounting
method is relevant to arrive at the number of days overdue for determining the
SMA/NPA status. The FIFO principle assumes that the oldest outstanding dues in the
loan account needs to be cleared first. The FIFO method thus requires that what is
due first must be paid by the Borrower first. For example, if in any loan account as
on 01-02-2021, there are no overdues and an amount of INR X is due for payment
towards principal instalment / interest / charges, any payment being credited on
or after 01-02-2021 in the loan account will be used to pay off the dues outstanding
on 01-02-2021.
The age of oldest dues is reckoned in days from the date on which the oldest
payment is due and continues to remain unpaid. In the aforesaid illustration, if the
dues relating to 01-02-2021 remain unpaid till 01-03-2021, the age of the oldest dues
is reckoned as 29 days on 02-03-2021.
(n) Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)
Lending institutions will recognize the incipient stress in loan accounts, immediately on
default, by classifying them as Special Mention Accounts (SMA). The basis of
classification of SMA / NPA category shall be as follows:
Loans other than revolving facilities Loans in the nature of cash credit / overdraft
SMA Sub Basis for classification – SMA Sub- Basis for classification –
categories Principal or interest categories Outstanding balance remains
payment or any other continuously in excess of the
amount wholly or sanctioned limit or drawing power,
partly overdue whichever is lower, for a period of:
SMA 0 Up to 30 days NA NA
SMA 1 More than 30 days and SMA 1 More than 30 days and
Up to 60 days Up to 60 days
SMA 2 More than 60 days and SMA 2 More than 60 days and
Up to 90 days Up to 90 days
(xxii) Interest and/or instalment of principal remains overdue for a period of more than
90 days in respect of a term loan,
(xxiii) The account remains 'out of order' as indicated below, in respect of an Overdraft
/ Cash Credit (OD / CC),
(xxiv) The bill remains overdue for a period of more than 90 days in the case of bills
purchased and discounted,
(xxv) The instalment of principal or interest thereon remains overdue for two crop
seasons for short duration crops
(xxvi) The instalment of principal or interest thereon remains overdue for one crop season
for long duration crops.
(vii) the outstanding balance in the CC/OD account remains continuously in excess of the
sanctioned limit/drawing power for 90 days, or
(viii) the outstanding balance in the CC/OD account is less than the sanctioned
limit/drawing power but there are no credits continuously for 90 days, or the outstanding
balance in the CC/OD account is less than the sanctioned limit/drawing power but credits
are not enough to cover the interest debited during the previous 90 days period.
Due date Payment Payment covers Age of SMA /NPA SMA NPA NPA Date
of date oldest categorisat since categorizat
payment dues in ion date / ion
days SMA class
date
01.01.202 01.01.2022 Entire dues upto 0 NIL NA NA NA
2 01.01.2022
01.02.202 01.02.2022 No Payment or 1 SMA-0 01.02.202 NA NA
2 Partly paid dues of 2
01.02.2022
01.02.202 02.02.2022 No Payment or 2 SMA-0 01.02.202 NA NA
2 Partly paid dues of 2
01.02.2022
01.03.202 Dues of 01.02.2022 29 SMA-0 01.02.202 NA NA
2 not fully paid 2
01.03.2022 is also
due at EOD
01.03.2022
Dues of 01.02.2022 1 SMA-0 01.03.202 NA NA
fully paid, Due for 2
01.03.2022 is not
paid at EOD
01.03.2022
No payment of full 31 SMA-1 01.02.202 NA NA
dues of 01.02.2022 2/
and 01.03.2022 at 03.03.202
EOD 03.03.2022 2
Dues of 01.02.2022 1 SMA-0 01.03.202 NA NA
fully paid, due for 2
01.03.2022 not fully
(q) The Borrower agrees and acknowledges that the manner of classification and illustrations
of SMA and NPA as provided in sub-clauses (a) to (d) above in which the Bank is required
to classify accounts as SMA / NPA as per the various applicable regulations and guidelines
issued by RBI from time to time and:
(i) the same is liable to change / be modified as per the requirements of the RBI guidelines
in the matter issued from time to time. Any such change shall be intimated by the Bank
to the Borrower from time to time and the Borrower agrees and acknowledges that such
intimation shall accordingly modify the manner and illustrations provided herein without
a need for further amendment to the Agreement or require specific acknowledgment
of the Borrower; and
(ii) the Bank shall have the right to classify the account of the Borrower with the Bank as
SMA / NPA as per the applicable regulations / guidelines issued by RBI from time to time
even though the manner of classification and the illustrations thereof are not set forth in
this Agreement or the Sanction Letter(s).
Definition -Politically exposed persons are individuals who are or have been entrusted with
prominent public functions in a foreign country, e.g., Heads of States or Governments, senior
politicians, senior government/judicial/military officers, senior executives of state-owned
corporations, important political party officials, etc.
Definition -Politically exposed persons are individuals who are or have been entrusted with
prominent public functions in a foreign country, e.g., Heads of States or Governments, senior
politicians, senior government/judicial/military officers, senior executives of state-owned
corporations, important political party officials, etc.
9 Processing fee _________% + Goods and Service Tax (GST) collected to be paid upfront/
for each tranche of disbursement.
10 Prepayment charges
1. Prepayment charges (0.50% exclusive of GST) of the amount being
prepaid only if prepayment is within one month from the date of
disbursement. Otherwise Nil.
2. Prepayment penalty is not applicable in case of loan against
electronic Negotiable Warehouse Receipt (eNWR).
3. In case of Micro and Small Enterprises (MSE) customers, no
prepayment charges are applicable if;
a. Loan amount is up to Rs.50 Lakhs under Fixed rate loans, or
b. Loans with floating interest rates (irrespective of the loan limit)
11 Rate of Interest At ……% above Repo Rate (the Repo Rate applicable at present being
__% p.a.) i.e., presently at the rate of........ percent per annum or at such
other rate as the Bank may fix from time to time, in relation to the Repo
Rate,” payable on due date along with the principal amount.
12. Penal charges • Financial Default*: 8% p.a. above applicable interest rate on
the outstanding amount (subject to the aggregate not
exceeding Rs. 1,00,000/- per instance).
3. Price cap provided by the Bank from time to time for various
commodities
14. Security CLWF:
Primary:
Collateral:
Other Security:
Personal guarantee :
5. Maximum tenor The tenure of the loan shall be _______ months. The validity of the facility
against a Warehouse Receipt/Storage Receipt to expire by the end of
the month in which new crop arrives (harvesting season). In case of any
commodity having multiple harvesting seasons, the tenure of the
intermittent crop also needs to expire by the end of the month in which
new main crop arrives. The above tenors are subject to the maximum
duration as specified by the Bank for each commodity.
16 Repayment Terms
Interest: Interest will be charged and will fall due on monthly intervals.
➢ The Borrower shall ensure that at any point of time, during the
currency of the facility, the receipt wise total outstanding
(including interest accrued till date) as a percentage of the
market value of the commodities pledged should not exceed
82.5%. In case of outstanding exceeds 82.5 %, the Borrower shall
furnish additional security or deposit funds within 5 days of being
served a notice to replenish with the original margin level as
stipulated in the schedule. In case, the borrower does not bring
in additional security or funds within the stipulated time, the Bank
may offload the commodities, directly or through an agent, in
part or full, at its discretion to ensure maintenance of the requisite
margin. The loss if any from this action would be to the borrower’s
account. However, during the notice period or any time during
the currency of the facility, if the total outstanding (including
interest accrued till date) as a percentage of the market value
of the commodities pledged touches 90 % due to commodity
price volatility, Bank may immediately initiate disposal of the
commodities on the same day directly or by appointing an
agent. The Banks Decision and action shall final as regards such
disposal. The Bank may offload the commodities in part or full at
its discretion. All the expense of the agent, if any, appointed shall
be borne by the borrower.
➢ Providing PDCs towards repayment of the loan.
➢ Pre-stacked stock will not be financed. The same can be
considered only if the borrower agrees to pay the de-stacking
and restacking expenses.
➢ Warehouse / Storage Receipts should be kept valid during the
currency of the facility.
➢ Inspection of the Commodity stocked will be conducted at least
once in a month by the Bank officials.
➢ QC charges, fumigation charges and other charges if any,
wherever required are to be borne by the borrower.
Annexure I
List of eligible commodities along their margins and validity
The contents of the document have been explained to me in ____________ language and I/we
have understood the same.
IN WITNESS WHEREOF the Borrower has hereunto put his hand and seal on
Place:
Date :