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SUPPLEMENTAL AND AMENDATORY AGREEMENT
THIS SUPPLEMENTAL AND AMENDATORY AGREEMENT is made on the [  ] of [ 
], Two Thousand and [  ] between the Borrower (as defined hereinafter) of the FIRST
PART
AND
[  ], a body corporate constituted under the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970 and having its Head / Registered Office at [  ] and a branch
office amongst other places at [  ] (“A Bank”) of the SECOND PART
AND
[  ], a body corporate constituted under the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970 and having its Head / Registered Office at [  ] and a branch
office amongst other places at [  ] (“B Bank”) of the THIRD PART
AND
to be stamped as an agreement; REMOVE THE WORDS “SUPPLEMENTAL AND” IF THERE IS NO ENHANCEMENT OF
FACILITY; in case enhancement of facility (provided for the same purpose) is covered in the supplemental agreement, then stamp duty
should be paid on amount of such enhanced facility
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[  ] , a body corporate constituted under the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970 and having its Head / Registered Office at [  ] and a branch
office amongst other places at [  ] (“C Bank”) of the FOURTH PART
AND
[  ], a public limited company incorporated under the Companies Act, 1956 and a banking
company within the meaning of the Banking Regulation Act, 1949 and having its Registered
Office at [  ] and corporate office at [  ] and a branch office amongst other places at [ 
] (“D Bank”) of the FIFTH PART
AND
[  ], a body corporate constituted under the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970 and having its Head / Registered Office at [  ] and a branch
office amongst other places at [  ] (the “Lead Bank”, which expression shall, unless it be
repugnant to the subject or context thereof, include its successors and assigns) of the SIXTH
PART.
WHEREAS :
(1)
By a Facility Agreement dated the [  ] day of [  ], Two Thousand and [  ], 2as
amended from time to time (the “Facility Agreement”) entered into between the Borrower
and the Lenders, the Lenders have, at the request of the Borrower, agreed to provide /
provided to the Borrower the Facility in the aggregate not exceeding Rs. [  ] lacs (the
“Existing Facility”) on the terms and conditions contained therein.
(2)
The Borrower has now requested the Lenders to :3
(i) enhance / reduce the amount of the Facility from Rs. [  ] lacs to Rs. [  ] lacs
(ii) extend the period of drawal of the Facility for a further period of [  ] months / upto [  ]
(iii) modify / amend some of the existing terms and conditions of the Facility Agreement.
(2)
To give effect to the above, the Borrower, the Lenders and the Lead Bank have agreed
to execute these presents.
NOW
THIS
SUPPLEMENTAL
AND
AMENDATORY
AGREEMENT
WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS :
1.
Definitions
“Borrower” means the person(s) named in Schedule I hereto and, unless it be repugnant to
the subject or as the context may permit or require, include :
(i) in the case of a company/society/body corporate, its successors and permitted assigns;
(ii) in the case of a partnership firm, any or each of the partners and survivor(s) of them and
the partners from time to time (both in their personal capacity and as partners of the firm) and
their respective heirs, legal representatives, executors, administrators and permitted assigns,
successors of the firm;
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3
delete if not applicable
delete whichever is not applicable
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(iii) in the case of a proprietary concern, the proprietor(ess) (both in his/her personal capacity
and as proprietor(ess) of the concern) and his/her their respective heirs, legal representatives,
executors, administrators and permitted assigns, successors of the concern;
(iv) in the case of a HUF, the Karta of the HUF and any or each of the members/ coparceners
of the HUF and the survivor(s) of them and their respective heirs, legal representatives,
executors, administrators and permitted assigns, successors;
(v) in the case of an individual, his/her/their respective heirs, legal representatives, executors,
administrators and permitted assigns;
(vi) in the case of a trust with individuals as trustees, the trustee(s) for the time being, its
successors and permitted assigns.
Reference to the “Borrower” shall, in case there is more than one borrower, mean, as the
subject or context may permit, each of them or any one of more of them.
All capitalized terms used but not defined herein shall have the respective meanings assigned
to them under the Facility Agreement.
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2.
At the request of the Borrower, the Borrower agrees to borrow from the Lenders and
the Lenders have agreed to lend to the Borrower additional rupee term loans upto an amount
in the aggregate not exceeding Rs. [] lacs (the “Additional Facility”), on the terms and
conditions contained herein, in the letters of sanction / credit arrangement letters more
particularly detailed in Schedule I hereto, in the relative security documents, the General
Conditions and the Facility Agreement, for the purpose of []. The Existing Facility and the
Additional Facility shall be hereinafter referred to as the “Facility”. The amount of Rs. []
lacs as appearing in Section 2.1 of the Facility Agreement shall stand substituted by Rs. []
lacs (i.e. the aggregate of the Existing Facility and the Additional Facility). The expression
“Facility” as appearing in the Facility Agreement and the other Transaction Documents shall
for all purposes and intents include the Additional Facility.
The amount of the Additional Facility / proportion of the Additional Facility agreed to be
provided by each of the Lenders are as indicated in Schedule I hereto. In the event of any
inconsistency in the terms of the respective letters of sanction / credit arrangement letters, the
provisions of this Agreement, the Facility Agreement and the General Conditions will, unless
otherwise specifically stated in the letters of sanction / credit arrangement letters, prevail for
all intents and purposes.
Certain specific conditions relating to the Additional Facility are set out in Schedule I hereto.
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3.
The amount of the Facility shall stand reduced from Rs. [  ] lacs to Rs. [  ] lacs.
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4.
The last date of drawal of the Facility stands extended to [  ].
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5.
The Facility Agreement stands modified as follows :
Eg. rate of interest, repayment terms
[ please incorporate the changes in terms and conditions as are required ]
applicable only if there is an enhancement of facility – delete if not applicable
applicable only if there is an enhancement of facility – delete if not applicable
applicable only if there is an enhancement of facility – delete if not applicable
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applicable if there are modifications being made to the terms of the facility agreement – delete if not applicable
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6.
The provisions of this Agreement shall become effective from the date hereof.
7.
This Agreement shall be read in conjunction with the Facility Agreement and be
enforced as if the provisions of this Agreement were incorporated therein by way of addition.
To the extent of any inconsistency between the terms of this Agreement and the Facility
Agreement, the provisions of this Agreement shall prevail. In the event of any inconsistency
in the terms of the respective letters of sanction / credit arrangement letters, the provisions of
this Agreement, the Facility Agreement and the General Conditions will, unless otherwise
specifically stated in the letters of sanction / credit arrangement letters, prevail for all intents
and purposes.
8.
Save for changes specified hereinabove, all the other terms and conditions of the
Facility Agreement shall remain unchanged and in full force and effect.
SCHEDULE - I
DETAILS OF THE BORROWER AND AMOUNT OF FACILITY
1.
NAME AND OTHER DETAILS OF THE BORROWER
Name of the company /
partnership firm / proprietary
concern / HUF / society /
trust
Names of all partners / Karta
and all
coparceners /
members / proprietor(ess)
Name(s) of the authorised
signatory(ies)
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2.
AMOUNT OF THE RESPECTIVE ADDITIONAL FACILITY
Names
Lenders
A Bank
B Bank
C Bank
D Bank
Total :
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3.
of
the Amount of the
Facility (Rs in lacs)
Additional Dates of letters of sanction /
credit arrangement letters
SPECIFIC CONDITIONS IN RELATION TO THE ADDITIONAL FACILITY
[ INCORPORATE AS PER TERMS OF SANCTION ]
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applicable only if there is an enhancement of facility – delete if not applicable
applicable only if there is an enhancement of facility – delete if not applicable
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IN WITNESS WHEREOF the Borrower, the Lead Bank and the Lenders have caused this
Agreement to be executed on the day, month and year first hereinabove written as hereinafter
appearing.
For the Lead Bank:
SIGNED
AND
DELIVERED
by
the
withinnamed Lead Bank, _________, by the
hand of Mr. / Ms. _____________, its authorized
official.
For the Lenders :
SIGNED AND DELIVERED by A Bank, B
Bank, C Bank and D Bank, by the hand of Mr. /
Ms. _____________, authorized official of the
Lead Bank, the Lead Bank acting as agent of A
Bank, B Bank, C Bank, D Bank.
For the Borrower :
(Applicable if the Borrower is a body corporate
– affixation of common seal to be as per
constitutional documents)
The Common Seal of the withinnamed Borrower,
[  ] has, pursuant to the Resolution of its Board
of Directors/Trustees/Members passed in that
behalf on the [  ] day of [  ], [  ], hereunto
been affixed in the presence of :
(1)
(2)
OR
(Applicable if the Borrower is in the nature of
entity other than body corporate)
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SIGNED AND DELIVERED by the
withinnamed Borrower, [  ], by the hand of
[]
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the agreement is to be signed, by all partners in case of partnerships; by the Karta and all adult coparceners / members in case of HUF;
by the proprietor(ess) in case of proprietory concern
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