Undertaking

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UNDERTAKING

Ref: Sanction of credit facilities in the form of (i) Fresh Overdraft Limit of
BDT 20.00 million, (ii) Fresh revolving Time Loan (WO) limit of BDT
10.00 million, (iii) Fresh revolving Bank Guarantee [PG/Bid Bond/APG]
limit of BDT 10.00 million, totaling an amount of Tk. 4,00,00,000.00
(Taka Four Crore) only as per Sanction Letter No.
TBL/KFR/CREDIT/2023/1025 dated 06.04.2023, in favour of Triple S
International, a proprietorship concern of Mohammad Moshfiqur
Rahman, a client of Trust Bank Limited, Kafrul Branch, Dhaka.

TO,
THE MANAGER
TRUST BANK LIMITED
KAFRUL BRANCH
MQ PLAZA (1ST FLOOR)
28, DCC NORTH KAFRUL, DHAKA CANTONMENT
DHAKA- 1206, BANGLADESH.

Dear Sir,
WHEREAS, Triple S International, a proprietorship concern of MOHAMMAD
MOSHFIQUR RAHMAN, son of M A Mannan & Mamtaz Begum, Date of Birth:
01.01.1973, bearing National ID No. 6403813659 (previous NID No.
19732693016131010), & TIN No. 845542388538, having his permanent and
present address at House No. 1010, South Ibrahimpur, Post Office: Dhaka
Cantonment-1206, Police Station: Kafrul, District: Dhaka, By Religion- Islam, By
Nationality- Bangladeshi By Birth, hereinafter referred to as the ‘BANK’ to avail
credit facility for Tk. 4,00,00,000.00 (Taka Four Crore) only and the Bank has

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approved the same vide Sanction Letter No. TBL/KFR/CREDIT/2023/1025 dated
06.04.2023.
AND WHEREAS, the BORROWER, i.e. MOHAMMAD MOSHFIQUR RAHMAN, son
of M A Mannan & Mamtaz Begum, being the proprietor of Triple S International,
do hereby agrees and undertakes as follows: -

(a) That the BORROWER shall provide Insurance policy covering RSD, Fire, Theft,
Burglary, Flood & Cyclone at @ 110% over the limit under the bank’s mortgage
clause. In case of waiver of insurance clause, the BORROWER shall bear all the
losses due to non-coverage of insurance policy. If any loss occurs due to non-
coverage of the said clause, the Bank will be indemnified against such losses;

(b) That the BORROWER hereby also agrees that if he unable to renew the
insurance policy within the validity his deposit/loan account shall be debited
to renew the insurance policy within the expiry of existing policy.

(c) That the BORROWER hereby undertakes that he shall route his entire
business transaction through the A/C with the Bank. At least 80% of
borrower’s sale proceeds must be routed through TBL A/C;

(d) That the BORROWER hereby explicitly confirms that all the information
supplied to the Bank in connection with the approved credit limit is correct;

(e) That the BORROWER shall submit stock report on monthly basis which will be
inspected by the branch official of the Bank on regular basis;

(f) That the BORROWER hereby agrees that the Bank shall have right to set off
between accounts;

(g) That the BORROWER hereby agrees that the facility sanctioned/disbursed
shall be used only for the purpose specific herein. If he uses the facility for any
other purpose other than stated in the sanction letter, it shall be treated as
material breach and an event of default from his end. In such case, the Bank
reserves the right to cancel and call back the entire facility with immediate
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effect without giving any notice whatsoever and he shall be bound to repay the
entire outstanding dues and interest immediately upon demand. The bank may
take any other action as may be available under the prevailing laws of the land
at his risk and responsibility including without limitation place the cheque for
encashment, liquidate and/or possess any security available with the Bank
etc. The Borrower shall be held liable for all costs and consequences thereof;

(h) That the BORROWER hereby agrees that the Bank shall be at liberty to publish
notices and information on the borrower, if the borrower fails to repay Bank's
dues as per agreement and in that case all legal and other expenses incurred
there must be borne by the borrower;

(i) That the BORROWER hereby agrees that the Bank shall have the right to
amend / alter the terms of the sanction letter and/or call back partial/entire
facilities extended at any time at its discretion without assigning any reason
whatsoever if the accounts are not conducted satisfactorily as per terms of the
sanction letter, in case of call the BORROWER shall settle all outstanding with
the Bank with up to date interest;

(j) That the BORROWER shall not avail any further credit facility (new or top up)
from any other Banks/ FI in its name or the borrowing concern without prior
written consent from the Bank.

(k) That the BORROWER hereby undertakes that he does not have any
relationship as Director or Sponsor with the bank. Moreover, he is not bank
related person as per BB circular and related laws, i.e. he is not a director of
TBL, his sole proprietorship firm, partnership firm, any private or public
company where he is acting as a director is not related to TBL. His spouse,
father, mother, son, daughter, brother, sister, and defendants do not have any
relationship as Director or Sponsor with the TBL;

(l) That the BORROWER hereby agrees that the Bank reserves the right to include
any other terms and/or stop/withdrawal or cancel the limit at its discretion at
any time during the currency of the limit without assigning any reason to you;

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(m) That the BORROWER hereby agrees that any material or adverse change in the
business condition shall cause the amount due to the Bank shall immediately
repayable;

(n) That the BORROWER shall bear all the legal/Bank charges;
(o) That the BORROWER shall comply with and follow all the terms & conditions
of the Sanction Letter of the Bank, any violation of which shall make the credit
default;

(p) That the BORROWER shall comply with and follow all the terms & conditions
imposed / to be imposed from time to time by the Bank, otherwise the Bank
shall have the right to call back facility;

(q) That the BORROWER shall comply with all the rules and regulation of
Bangladesh Bank;

(r) That the BORROWER hereby further undertakes that he shall not sell or
transfer the ownership of the business/factory until bank’s dues are fully paid
or without NOC of the bank;

(s) That the BORROWER shall not approach to any bank/financial institution for
any further finance without prior consent of the bank;

(t) That the BORROWERS hereby further undertakes and declare that he will
provide the BANK any and/or other additional security
Documents/documentation formalities as may be acceptable to the cover of
any deficiency of the said credit/facilities;

(u) That the BORROWER hereby unequivocally and irrevocably further undertakes
to indemnify the BANK against all claims, damages, losses and liabilities to be
incurred by the BANK as a consequence of any suppression of facts as to the
representation pertain to classified liability of them;

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(v) That the BORROWER hereby acknowledges that the BANK reserves the right to
review pricing against the facilities from time to time;

(w) That the BORROWER hereby authorizes the BANK to act & take necessary
steps to ensure the course of the Sanction Letter;

(x) That the BORROWER hereby further authorizes the BANK to debit the account
for any sum that deem necessary for part and/or full adjustment of all
outstanding dues and liabilities as well as to realize all charges of his all
concerns as may be warranted from time to time;

(y) That the BORROWER hereby further declares that he will settle all outstanding
with the Bank with up to date profit/interest in case of call back;

(z) That the BORROWERS hereby undertakes and declares that he will not
decrease or otherwise change the value or status of the securities, which have
been given to Trust Bank Limited as security;

(aa) That the BORROWER hereby additionally declares that in case of default, the
BANK retains the right to take any action to realize their dues along with up to
date profit/interest, including circulation of debt claim to the other lending
institutions, Bangladesh Bank or any other regulatory bodies as well as provide
any information to general public through print or electronic media with or
without the photograph of the BORROWER & the Guarantors;

(bb) That the obligations and responsibility under these presents shall also bind on
the successors and/or assignees, legal representatives of the BORROWER;

(cc) That the BORROWER shall follow all rules and regulations of Head of Office of
the TBL and Bangladesh Bank.

THIS UNDERTAKING SHALL BE IRREVOCABLE AND UNCONDITIONAL ON THE


BORROWER’S SUCCESSORS-IN-INTEREST AND THE BORROWER AND BE IN
FORCE TILL FULL AND FINAL ADJUSTMENT OF THE ABOVE FACILITY SUBJECT
TO THE WRITTEN SATISFACTION OF THE BANK.
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IN WITHESSES WHEREOF, THE BORROWER HEREBY EXECUTES THIS
IRREVOCABLE AND UNCONDITIONAL UNDERTAKING ON THIS THE _____ DAY
OF _____________, 2023 OF THE CHRISTIAN ERA.

In the presence of:

1.

____________________________________
MOHAMMAD MOSHFIQUR RAHMAN
Son of M A Mannan & Mamtaz Begum
Being the proprietor of
Triple S International

(E X E C U T A N T)
2.

Drafted By:

Mostafizur Rahman Hawlader


Advocate
Supreme Court of Bangladesh

For:
M. R Hawlader & Associates
3/4-A, Purana Paltan, Shabbir Tower
(5th Floor), Room-603, Dhaka-1000

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