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Loan Agreement with Niyogin Fintech

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0% found this document useful (0 votes)
20 views9 pages

Loan Agreement with Niyogin Fintech

Uploaded by

omdwivedi876
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

LOAN AGREEMENT

This Loan Agreement ("Agreement") is made on the date, set forth in the Annex A hereto between the Borrower(s), whose name
and address are stated in Annex A hereto, hereinafter called the "Borrower(s)", which expression shall unless the context
otherwise requires, include his/her/their heirs, executors, administrators and permitted assigns;
AND
NIYOGIN FINTECH LTD, holding Corporate Identity Number (CIN) - L65910TN1988PLC131102, a limited company,
incorporated under the provisions of the Companies Act, 1956, registered as a Non-Banking Financial Company with the Reserve
Bank of India ("RBI") and having its registered office at MIG 944, Ground Floor, TNHB Colony, 1st Main Road, Velachery, Chennai,
Tamil Nadu- 600042, India(hereinafter referred to as "NFL", which expression shall unless repugnant to the context or meaning
thereof be deemed to include a reference to its successors and assigns).
The "Borrower(s)" and "NFL" shall be collectively called "Parties" hereinafter and "Party" hereinafter.

WHEREAS:-

The Borrower(s) have requested NFL via a duly completed document that NFL extend Loan and NFL has agreed to accede to the
said request, subject to the Borrower(s) tendering requisite documents, executing present agreement and such documents as may
be required by NFL from time to time.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY AGREED, DECLARED, CONFIRMED AND
RECORDED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
1. Definitions:-

In this Agreement, in addition to terms defined elsewhere in this Agreement, the following terms have the following meanings: -

a. "Affiliates" in relation to a person, means any other person, directly or indirectly Controlling, Controlled by, or
under Common Control of or with, that person or any person or entity forming part of such person. Any group
company or if such person is an individual, the term "Affiliate" shall include a relative of such individual

b. "Applicable Law" means any applicable constitution, decree, judgment, legislation, order, ordinance,
regulation, statute, treaty or other legislative measure in any jurisdiction or any present or future directive,
regulation, circular, notification, clarification, guidelines, instruction or requirement having the force of law in
any jurisdiction, governing transactions hereunder.

c. "Bullet Repayment" means the repayment of the Loan Facility in a way that the repayment of the principal
amount of Loan Facility, is made in lump sum together with the payment of the related interest.

d. "Control" means, with respect to any person:

i. the ownership of more than 50% (Fifty percent) of the equity shares or other voting securities of such
person;

ii. the possession of the power to direct the management and policies of such person;

iii. the power to appoint a majority of the directors, managers, partners or other individuals exercising similar
authority with respect to such person by virtue of ownership of voting securities or management or
contract or in any other manner, whether directly or indirectly, including through one or more other person;
and the terms "Controlling", "Common Control" and "Controlled by" shall be construed accordingly.

e. "DLA" means the mobile and web-based applications, named in Annex A to the Agreement.

f. "Due Date" means in respect of any amount payable under the Loan, the date on which such amount falls due in
terms of Key Fact Statement, annexed hereto.

g. "Equated Monthly Instalment (EMI)" means amount of each periodical payment required to be paid to the
Bank, at monthly intervals in terms of the Agreement, to amortise the Loan with interest over the tenure of the
Loan, consisting of principal amount of the Loan and/or interest payable on the Loan.

h. "LSP" means the entity named in Annex A to the Agreement under the head "Name of the LSP"

i. "Loan account" means account opened by NFL in the name of the Borrower(s) pursuant to the sanction of the
Loan and to be operated in accordance with the terms hereof.

2. Agreement to lend and borrow


Subject to the terms and conditions hereinafter set forth, NFL has agreed to lend, on an uncommitted basis, a sum of money not
exceeding the amount stipulated in the Key Fact Statement, annexed hereto, under the head "Sanctioned Loan amount (in
Rupees)" (hereinafter referred as "Loan" or "Loan Facility"). The Loan shall be disbursed in lump sum or in stages, in
accordance with the Disbursal Schedule, outlined in the Key Fact Statement, annexed hereto. Borrower(s) agrees that the
disbursements of any proceeds of the Loan shall be deemed to be made on the date when credit is made by NFL.
3. Purpose

The Borrower(s) shall use the proceeds of the Loan, for the purpose specified in the Annex A hereto. The Borrower irrevocably
authorizes NFL to disburse the proceeds of the Loan directly to the owner of the e-commerce platform, named in Annex A under
the head "Purpose of the Loan", to ensure satisfaction of the aforesaid purpose, and acknowledges that such disbursement shall
not diminish the Borrower's liability to repay the Loan with interest and other charges.

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
4. Interest and Default Interest

The outstanding principal balance of the Loan shall bear interest at a rate, specified in the Key Fact Statement, annexed hereto
under the head "Interest rate (%) and type (fixed or floating or hybrid)". Interest under this Agreement shall be calculated on
the basis of a year of 365 days for the actual number of days elapsed during the period for which the principal is outstanding and
shall be calculated until it is paid in full. Interest shall be so calculated with respect to each day during such period by multiplying
the outstanding principal balance of the Loan on such day at the close of business on such day by a daily interest factor, which
interest factor shall be calculated by dividing the interest rate per annum in effect on such day with respect to such Loan by 365.
The Borrower(s) shall pay the interest in accordance with the Key Fact Statement, annexed hereto. Any revision in the rate of
interest, fees, charges, or other financial terms applicable to the Loan Facility shall take effect prospectively from the date of such
change. Upon occurrence and during the continuance of an Event of Default, the Borrower(s) shall be liable to pay interest and/or
fees as stipulated in Key Fact Statement, annexed hereto. For the benefit of the Borrower(s), NFL shall publish the amount due, as
of any date, under the "Active Loan Summary" tab available on the DLA. The Borrower further agrees that:

Borrower(s) shall bear all fees, charges and expenses, as stipulated in Key Fact Statement annexed hereto under
the head "Fees/Charges".

Borrower(s) shall pay stamp duty as applicable to this Agreement and undertakes to pay or reimburse to NFL, all
statutory charges/ stamp duties as may be payable/applicable in future, due to adjudication by tax authorities or
enhancement/amendment to the Loan Facility.

Borrower(s) shall pay any charge, sum, cost, which NFL would reasonably incur pursuant to enforcing to demand
of dues relating to the Loan, enforcement on breach of contract or on initiation of any recovery proceedings.

Borrower(s) shall pay a one-time upfront fee specified in the Key Fact Statement annexed hereto under the head
"Processing Fees", which fee shall be deducted by NFL at the time of disbursal of the Loan.

5. Repayment of Loan

The Borrower(s) shall repay the unpaid principal amount of Loan and shall pay the interest accrued on the Loan, by way of:

a. Bullet Repayment, in case so indicated in Annex- A under the head "Periodicity of repayment".

b. Equated Monthly Instalment (EMI) repayment, in case so indicated in Annex- A under the head "Periodicity of
repayment". In such case, the Borrower(s) shall repay the Loan by way of Equated Monthly Installments (EMIs) as
specified in the Part 4 of Key Fact Statement, annexed hereto (time being the essence of the contract)

The Borrower(s) shall ensure that the entire Loan is repaid before the end of the period, identified in Key Fact Statement under the
head "Loan term (year/months/days)".
For the benefit of the Borrower(s), NFL shall cause to be made available the information relating to amounts due hereunder, as of
any date, under the "Active Loan Summary" button available on the DLA.

All payments to be made by the Borrower(s) to NFL in terms of this Agreement shall be made directly to NFL by cheques/ bank
draft/ NEFT/RTGS/UPI mandate or any other mode of payment, as may be acceptable to NFL.

Where the Borrower(s) consents to the initiation of NACH Mandate/ UPI mandate / any other mandates/standing instructions as
allowed under Applicable Law and/or provides cheques for payment of dues under the Loan, the Borrower(s) agrees that in case of
dishonour of such mandates, standing instructions, or cheques for insufficiency of funds, NFL shall be entitled to initiate legal
proceedings against the Borrower pursuant to Section 138 of the Negotiable Instruments Act, 1881 read with, if applicable,
Section 25 of the Payment and Settlement Systems Act, 2007.
Credit for all payments of Loan dues made by cheque/bank draft/ NEFT shall be given only on realization or on the relevant due
date, whichever is later.

The Borrower(s) shall have the right to prepay the outstanding principal amount, together with accrued interest and charges up to
the date of such prepayment, at any time prior to the scheduled maturity date without incurring any prepayment penalty or
premium.

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
The Borrower(s) may, at any time during the cooling-off period as specified in the Key Fact Statement annexed hereto, terminate
this Agreement and discharge all obligations hereunder by paying the principal amount of the Loan and the proportionate Annual
Percentage Rate (APR), specified in the Key Fact Statement, for the time period between the actual date of disbursement of the
Loan and the actual date of the payment.
6. Representations, warranties and undertakings

The Borrower(s) hereby represent, undertake and warrant that:

Borrower(s) shall promptly notify NFL of any circumstances and conditions which have/may have a material
adverse effect (the effect or consequence of any event or circumstance which is or is likely to be adverse to the
ability of the Borrower(s) to repay the Loan dues or perform/ comply with any of the respective obligations agreed
under this Agreement). This may include but not be restricted to breach of terms of this Agreement, updation to
NFL about death of any of the Borrower(s).

Borrower(s) shall solely be responsible for fulfilling, any tax related obligation arising from availing this Loan.

The records maintained by NFL shall be conclusive proof of the amounts outstanding and due from the
Borrower(s), absent any manifest error.

Borrower(s) agrees to indemnify and agree to keep indemnified NFL from time to time and at all times thereafter
against all claims, costs, losses, damages, charges, expenses and liability of any kind or nature whatsoever and
expenses that may be incurred by NFL by reason of any act or default on the part of the Borrower(s) in respect of
the Loan and/or for the recovery of the outstanding dues on account of failure of the Borrower(s) of any of the
terms and conditions herein.

Borrower(s) liability for repayment of the dues shall, in cases where more than one Borrower(s) have jointly
applied for the Loan, be joint and several.

It shall inform NFL, in writing, of any change, alteration, or development affecting the accuracy or completeness of
any information, data, or particulars previously provided to NFL in relation to the availment of the Loan Facility.
7. Event of Default

NFL shall be entitled to treat any of the events listed as follows, as an event of default (each an "Event of Default") and on the
question of whether the following events have occurred, the decision of NFL shall be final, conclusive and binding:

a. if there is a failure to pay the dues relating to the Loan or any fee, charges or costs on the date, such dues and/or
fee, charges or costs is/are due in terms hereof;

b. if there is breach of terms and conditions agreed herein or a misrepresentation of facts made while availing the
Loan Facility;

c. if any of the Borrower(s) is declared insolvent, subject to Applicable Laws;

d. the initiation of any criminal or judicial proceeding against any Borrower which NFL in its sole discretion, regards
as materially adverse to the its interests, in respect of the Loan;

e. there exists any other circumstance, which, in the sole opinion of NFL, impacts NFL's interest.

8. Consequences of Event of Default

In case any event constituting Event of Default has occurred, NFL shall be entitled to:

a. cancel the drawdown of undisbursed amount of Loan Facility;

b. call upon the Borrower(s) to pay forthwith the total outstanding balance of the Loan account together with
interest;

c. levy Penal Charges, as outlined in Key Fact Statement, annexed hereto;

d. enforce any security, as may have been provided in respect of the Loan Facility;

e. exercise any other right as deemed appropriate in the interest of NFL.

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
9. Disclosure of Information
9.1

NFL may deliver copies of this Agreement and/or disclose any information received by it under or pursuant to this Agreement or
any other information about the Borrower(s) and the Loan related documents as NFL shall consider appropriate to:

a. any of its Affiliates;

b. its head office and any other branch;

c. any of its professional advisers and any other person providing services to it (provided that such person is under a
duty of confidentiality, contractual or otherwise, to NFL);

d. any person to the extent required for the purpose of any litigation, arbitration or regulatory proceedings or
procedure;

e. any person to whom, and to the extent that, information is required to be disclosed by any Applicable Laws; and

f. any other person a) to (or through) whom NFL assigns or transfers (or may potentially assign or transfer) all or any
of its rights and obligations under this Agreement; or b) with (or through) whom NFL enters into (or may
potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be
made by reference to, this Agreement, the Borrower.

9.2

Notwithstanding anything contained in Clause 9.1:

a. In the event of the Borrower(s) committing default in the repayment of any dues relating to the Loan, NFL shall
have an unqualified right to disclose the name of the Borrower(s) to RBI and/or any credit information company, as
the term is defined in Credit Information Companies (Regulation) Act, 2005) ("Credit Bureau") and/or in the
public domain through social media. The Borrower hereby gives consent to NFL and/or the RBI and/or the Credit
Bureau to publish its name as defaulters in such manner and through such medium as NFL /the RBI / the Credit
Bureau in their absolute discretion may think fit

b. Each of the Borrower(s) understands that as a pre-condition, relating to grant of the Loan to the Borrower(s), NFL
requires the consent of each of the Borrower(s) for the disclosure by NFL to Credit Bureau and/or any other
agency authorized in this behalf by the RBI, of information and data relating to the Borrower(s), of the Loan
availed or/to be availed by the Borrower(s), or obligations assumed/to be assumed by the Borrower(s), in relation
thereto and default, if any, committed by the Borrower(s), in discharge thereof. Each of the Borrower(s) hereby
agrees and gives consent for the disclosure by NFL of all or any such:

i. information and data relating to the Borrower(s);

ii. the information or data relating to any credit facility availed of / to be availed, by the Borrower; and

iii. default, if any, committed by the Borrower(s), in discharge of such obligation of the Borrower.

c. The Borrower hereby agrees that NFL shall be entitled to exchange information regarding the Borrower(s)
accounts with other financial institutions, as and when required in accordance with Applicable Laws.

d. The Borrower undertakes that:

i. Credit Bureau and any other agency so authorized may use, process the said information and data disclosed
by the NFL in the manner as deemed fit by them; and

ii. Credit Bureau so authorized may furnish for consideration, the processed information and data or products
thereof prepared by them, to banks/financial institutions and other credit grantors or registered users, as may
be specified by the RBI in this behalf.

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
10. Assignment and/or Securitisation

Unless otherwise indicated in the Key Fact Statement annexed hereto, the Borrower(s) agree that NFL shall have absolute
discretion, power and authority to novate, assign, sell or transfer, securitise the Loan in any manner, in whole or in part, to any
third party of NFL's choice, without reference to or without written intimation to the Borrower(s). The Borrower(s) hereby agree to
execute necessary documents to facilitate the said assignment, transfer and sale by NFL.
11. Grievance Redressal Mechanism

Borrower(s) can register complaints relating to the Loan Account with the nodal grievance redressal officer of NFL at the contact
details set out in Key Fact Statement, annexed hereto under the head "Phone number and email id of the nodal grievance redressal
officer". If the complaint / dispute is not redressed within a period of 1 (one) month, the Borrower(s) may appeal to the Officer –in -
Charge of the Regional Office of DNBS of RBI (complete contact details), under whose jurisdiction the registered office of the
Company falls i.e. Chennai Regional Office
12. Recovery Agents
NFL may appoint Recovery Agents for collection of dues, relating to the Loan ("Recovery Agents"). NFL shall keep posted the
details of Recovery Agents on the website of NFL for information of all concerned.
13. SMA/NPA classification

In case, the Borrower(s) fail to pay dues on the relevant Due Date, the Borrower(s)' Loan account shall be classified as
Special Mention Account ("SMA") / Non-Performing Asset ("NPA"), in accordance with the extant RBI regulations.
By way of an example, if the Due Date for certain dues relating to the Loan is March 31, 2021, and the entire dues are
not received by NFL by end of day on March 31, 2021, Borrower(s)' Loan account shall be classified as SMA as on
March 31, 2021. If the said Loan Account continues to remain overdue for another 30 (thirty) continuous days, the
said loan account shall be classified as SMA -1 on April 30, 2021. If the said Loan Account continues to remain
overdue for another 30 (thirty) continuous days, on running day-end process on May 30, 2021, the Loan account shall
be classified as SMA – 2. If the said loan account continues to remain overdue for another 30 (thirty) continuous days,
on running day-end process on June 29, 2021, the said loan account will be classified as NPA.
14. Notices

Any notice or request required or permitted to be given or made under this Agreement to NFL or to the Borrower shall be given in
writing. Such notice or request shall be deemed to have been duly given or made when it shall be delivered by hand, mail or
telegram to the party to which it is required or permitted to be given or made at such party's address specified below or at such
other address as such party shall have designated by Notice to the party giving such notice or making such request:

For NFL:-

Mr. Nilesh Dattaram Desai – Vice President and Head- Customer Success

Neelkanth Corporate IT Park, 311/312, 3rd Floor

Kirol Road, Vidyavihar(W), Mumbai - 400086


Email: nodalofficer@[Link]

Phone Number:- 1800 266 0266

For the Borrower(s):- The address described in the Annex A

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
Annex A
Borrower information
1. Date 2025-12-29T11:55:55.367Z
2. Name of the Borrower(s) TANAY KUMAR
3. Purpose of the Loan Purchasing the goods/product from Meesho, available at
[Link]
4. Address of the Borrower(s) WARD NO 6,NEHRU NAGAR,,,Akbarpur,Akbarpur,Kanpur
Dehat,Uttar Pradesh,India - 209101
5. Periodicity of repayment
☐ Bullet Repayment

6. Name of the LSP Meesho Payments Private Limited, a company incorporated and
registered in India under the Companies Act, 2013, having CIN
U64990KA2019FTC123770 and its registered office at 3rd Floor,
Wing-E, Helios Business Park, Kadubeesanahalli Village, Varthur
Hobli, Outer Ring Road, Bellandur, Bangalore, Bangalore South,
Karnataka, India, 560103
7. Name of the DLA Meesho, available at [Link]

Annex B
Key Fact Statement

Part 1 (Interest rate and fees/charges)

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
1 Loan proposal/ account No. 000171539 Type of Loan MPB
2 Sanctioned Loan amount (in Rupees) 46
3 Disbursal schedule 100% upfront
i. Disbursement in stages or 100% upfront.

ii. If it is stage wise, mention the clause of loan agreement having


relevant details

4 Loan term (year/months/days) 1 months


5 Instalment details
Type of instalments Number of EPIs EPI (₹) Commencement of
repayment, post sanction
Not Applicable Not Applicable Not Applicable Not Applicable
6 Interest rate (%) and type (fixed or floating or hybrid)
0%
Type-Fixed

7 Additional Information in case of Floating rate of interest


Reference Benchmark Spread (%) (S) Final rate Reset Impact of change in the
Benchmark rate (%) (B) (%) R = (B) periodicity(Months) reference benchmark (for
+ (S) 25 bps change in 'R',
change in:)
B S EPI (₹) No. of EPIs
Not Applicable Not Not Applicable Not Not Not Not Applicable Not
Applicable Applicable Applicable Applicable Applicable
8 Fee/ Charges
Payable to the RE (A) Payable to a third party through RE
(B)
One-time/
Amount (in ₹) or One- Amount (in ₹) or
Recurring
Percentage (%) as time/Recurring Percentage (%) as
applicable applicable
(i) Processing fees One-time 0.00 NA
(ii) Insurance charges NA NA NA
(iii) Valuation fees NA NA NA
(iv) Any other (please specify) NA NA NA
9 Annual Percentage Rate (APR) (%) -0.0013820747
10 Details of Contingent Charges (in ₹ or %, as applicable)
(i) Penal charges, if any, in case of delayed payment
(ii) Other penal charges, if any NA
(iii) Foreclosure charges, if applicable NA
(iv) Charges for switching of loans from floating to fixed rate and vice versa NA
(v) Any other charges (please specify) NA

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z
Part 2 (Other qualitative information)
1 Clause of Loan agreement relating to Clause 12
engagement of recovery agents
2 Clause of Loan agreement which details Clause 11
grievance redressal mechanism
3 Phone number and email id of the nodal
grievance redressal officer Mr. Nilesh Dattaram Desai – Vice
President and Head- Customer Success

Neelkanth Corporate IT Park, 311/312,


3rd Floor
Kirol Road, Vidyavihar(W), Mumbai -
400086

Email: nodalofficer@[Link]

Phone Number:- 1800 266 0266


4 Whether the loan is, or in future maybe, subject to transfer to other REs or Yes
securitisation (Yes/ No)
5 In case of lending under collaborative lending arrangements (e.g., co-lending/ outsourcing), following additional details
may be furnished:
Name of the originating RE, along with its Name of the partner RE Blended rate of interest
funding proportion along with its proportion of
funding
Niyogin Fintech Limited Not Applicable
100%
6 In case of digital loans, following specific disclosures may be furnished:
(i) Cooling off/look-up period, in terms of RE's board approved policy, during 3 (three) days
which borrower shall not be charged any penalty on prepayment of loan

This is a legally binding agreement. Please read all terms and conditions carefully.

Name: TANAY KUMAR


Signed Using: 8960534095,
IP: [Link], Date: 2025-12-29T11:55:54.212480971Z

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