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Lease Rental Discounting - Axis Bank

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36<br />

This Agreement is made the at the place and date as specified in the Schedule between<br />

such persons, whose name(s) and address(es) are as specified in the Schedule<br />

(hereinafter called the “Borrower” which expression shall unless repugnant to the context<br />

includes its legal heirs, administrators, executors, successors, assigns) of ONE PART<br />

AND<br />

AXIS <strong>Bank</strong> Ltd., a Company registered under the Companies Act, 1956 and carrying on<br />

<strong>Bank</strong>ing Business under <strong>Bank</strong>ing Regulation Act, 1949 and having its Registered Office at<br />

Ahmedabad and one of the Branches at the place as specified in the Schedule<br />

(hereinafter referred to as the “<strong>Bank</strong>”) which term shall unless repugnant to the context<br />

otherwise requires include its successors and assigns of the Second Part; and<br />

Lessee(s)/ Tenant(s) whose name(s) and address(es) are as specified in the Schedule<br />

[hereinafter called the “Lessee(s)” ] which term shall unless repugnant to the context<br />

otherwise requires include its legal heirs, executors, administrators, partners, successors<br />

and assigns, as the case may be of Third Part .<br />

WHEREAS :<br />

1) By the <strong>Lease</strong> Deed/Leave and Licence Agreement /Tenancy agreement<br />

executed by and between the Borrower and Lessee(s) (hereinafter referred to as<br />

the “<strong>Lease</strong> Agreement” and more particularly described in the schedule), the<br />

Borrower has leased/given on leave and licence/let out certain property(s)<br />

(hereinafter referred to as “property(ies)” and more particularly described in the<br />

schedule) to the Lessee(s) on such terms and conditions as stipulated in the <strong>Lease</strong><br />

Agreement and for such period more particularly described in Annexure 1,<br />

forming an integral part of this agreement.<br />

2) By and under the <strong>Lease</strong> Agreement, the Borrower receives a total lease<br />

rental/receivables/fees/compensation (hereinafter referred to as the “<br />

receivables”). on such basis to the extent more particularly described in the<br />

Annexure 1, with respect to the said property(ies)<br />

3) The Borrower has approached the <strong>Bank</strong> for financial assistance/Credit facility by<br />

way of a loan under the <strong>Bank</strong>’s “<strong>Lease</strong> <strong>Rental</strong> <strong>Discounting</strong>” Scheme (hereinafter<br />

referred to as the “loan” and more particularly described in the schedule). The<br />

Borrower has offered to repay the credit facility from the said receivables due<br />

from the Lessee(s).<br />

4) The <strong>Bank</strong> has agreed to grant the said financial assistance/Credit facility against<br />

the said receivables on the terms and conditions set out in its sanction letter<br />

(hereinafter referred to as the “sanction letter” (more particularly described in the<br />

schedule). One of the terms and conditions stipulated in the said sanction letter<br />

inter-alia is that the Borrower should arrange to execute this Tripartite Agreement<br />

wherein the Lessee(s) will join in as a party, agreeing to remit the said receivables

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