
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
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This document is a formal credit agreement between a bank and a business owner for a revolving overdraft facility. It contains a specific clause for a property mortgage as security and a provision for interest on a minimum balance even if the facility is not utilized. It is not an unsecured personal loan or a simple promissory note.
Use this when a business owner requires a secured cash credit line from a bank and is prepared to mortgage real estate as collateral. Use a General Security Agreement or a standard Promissory Note if the loan is not linked to an overdraft facility or a property mortgage.
| Clause | Name | What it does |
|---|---|---|
| 1 | Loan Limit | The Bank provides overdraft facilities up to a maximum limit of Rupees [amount] including all interest and charges. |
| 2 | Interest and Monthly Debits | The Borrower pays interest on daily balances debited monthly, including a minimum interest charge on a specified amount if the limit is unused. |
| 3 | Incidental and Service Charges | The Borrower must pay incidental charges every [number] months alongside commissions for outstation cheques and drafts. |
| 4 | Security and Mortgage | The Borrower mortgages the property at [address] and provides a personal guarantee to secure the cash credit account. |
| 5 | Duration and Renewal | The agreement is enforceable for one year, requiring a renewal application one month before the termination date. |
| 6 | Repayment on Demand | The Bank may demand the outstanding balance at any time, using its own books as conclusive evidence of the amount due. |
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A loan agreement between a bank and a borrower in India for an overdraft / cash-credit facility to finance the borrower's business, up to a maximum limit and secured by a mortgage of the borrower's property. It covers the facility limit, interest charged on the daily balance and debited monthly, incidental and commission charges, the property mortgaged as security and the borrower's personal guarantee, a one-year term renewable on notice, and the borrower's obligation to repay the outstanding balance on demand — with the bank's books to be conclusive evidence of the amount due.