MIRA INFORM REPORT

 

 

 

Report Date :

28.06.2008

 

IDENTIFICATION DETAILS

 

Name :

LODHA DEVELOPERS PRIVATE LIMITED

 

 

Registered Office :

216, Shah and Nahar Industrial Estate, Dr. E. Moses Road,Worli – 400 018, Maharashtra

 

 

Country :

India

 

 

Financials (as on) :

31.03.2007

 

 

Date of Incorporation :

25.09.1995

 

 

Com. Reg. No.:

11-93041

 

 

CIN No.:

[Company Identification No.]

U45200MH1995PTC093041

 

 

TAN No.:

[Tax Deduction & Collection Account No.]

MUML04567D

 

 

PAN No.:

[Permanent Account No.]

AACL1490J

 

 

Legal Form :

Private Limited Liability Company

 

 

Line of Business :

Construction and Allied Activities

 

 

RATING & COMMENTS

 

MIRA’s Rating :

Aa

 

RATING

STATUS

PROPOSED CREDIT LINE

71-85

Aa

Possesses adequate working capital. No caution needed for credit transaction. It has above average (strong) capability for payment of interest and principal sums

Large

 

Maximum Credit Limit :

USD 3200000

 

 

Status :

Excellent

 

 

Payment Behaviour :

Regular

 

 

Litigation :

Clear

 

 

Comments :

Subject is a well established and reputed company and a part of Lodha Group, a reputed name in Indian Construction industry. Fundamentals are strong and healthy. General financial position is good. Payments are reported as usually correct and as per commitments.

 

The company can be considered good for normal business dealings at usual trade terms and conditions.

 

 

LOCATIONS

 

Registered Office :

216, Shah and Nahar Industrial Estate, Dr. E. Moses Road,Worli – 400 018, Maharashtra, India

Tel. No.:

91-22-24968488

Fax No.:

91-22-24936428

E-Mail :

shares@lodhagroup.com

 

 

Head Office :

Lodha Pavllion, Appolio Mills Compound, N M Joshi Marg, Mahalaxmi, Mumbai – 400011, Maharashtra, India  

Tel. No.:

91-22-23024400

Fax No.:

91-22-23000693

E-Mail :

info@lodhagroup.com

 

 

DIRECTORS

 

Name :

Mr. Mangalprabhat Lodha

Designation :

Managing Director

Address :

12, Anupamchs Limited, 11, Manav Mandir Road, Walkeshwar, Mumbai – 400006, Maharashtra, India

Date of Birth/Age :

18.12.1955

 

 

Name :

Mr. Abhinandan M. Lodha

Designation :

Director

Address :

12, Anupamchs Limited, 11, Manav Mandir Road, Walkeshwar, Mumbai – 400006, Maharashtra, India

Date of Birth/Age :

05.05.1981

 

 

Name :

Mr. Abhishek M. Lodha

Designation :

Director

Address :

12, Anupamchs Limited, 11, Manav Mandir Road, Walkeshwar, Mumbai – 400006, Maharashtra, India

Date of Birth/Age :

01.11.1979

 

 

MAJOR SHAREHOLDERS / SHAREHOLDING PATTERN

 

(As on 30.09.2005)

Names of Shareholders

No. of Shares

Mr. Mangalprabhat Lodha

60

Mr. Abhinandan M. Lodha

5880

Mr. Abhishek M. Lodha

60

Total

6000

 

AS ON 30.09.2007

Equity Share Breakup

Percentage of Holding

Category

 

Bodies corporate

5.00

Directors or relatives of directors

95.00

Total

100.00

 

 

BUSINESS DETAILS

 

Line of Business :

Construction and Allied Activities

 

 

GENERAL INFORMATION

 

Bankers :

·         UCO Bank

Pali Hill Branch, 72, Gautam Apartment, Pali Hill Road, Mumbai – 400050, Maharashtra, India

 

·         State Bank of India

Commercial Branch, N. G. V. Vaidya Marg, P. B. No. 10141, Fort, Mumbai – 400023, Maharashtra, India 

 

·         Housing Development Finance Corporation Limited

Ramon House, H. T. Parekh Marg, 169, Backbay Reclamation, Churchgate, Mumbai – 400020, Maharashtra, India

 

 

Financial Institution :

IDBI Trusteeship Services Limited

Asian Building, Ground Floor, 17, R Kamani Marg, Ballard Estate, Mumbai – 400001, Maharashtra, India

 

 

 

Banking Relations :

Good

 

 

Auditors :

 

Name :

Shanker and Kapani

Chartered Accountants

Address :

15, N. M. Marg, Ballard Estate, Mumbai – 400038, Maharashtra, India

 

 

Group Companies :

 

CIN No.:

U70100MH1985PTC038213

Name of the company :

Cowtown Land Development Private Limited

 

 

CIN No.:

U70100MH2005PTC155012

Name of the company :

Galaxy Premises Private Limited

 

 

CIN No.:

U70100MH2004PTC042108

Name of the company :

Lodha Builders Private Limited

 

 

CIN No.:

U45200MH1996PTC100732

Name of the company :

Lodha Construction Private Limited

 

 

CIN No.:

U70100MH2005PTC154993

Name of the company :

Lodha Dwellers Private Limited

 

 

CIN No.:

U45200MH1994PTC076937

Name of the company :

Lodha Estate Private Limited

 

 

CIN No.:

U70100MH2005PTC151783

Name of the company :

Lodha and Kheni Estate Private Limited

 

 

CIN No.:

U45200MH1995PTC092585

Name of the company :

Lodha Land Scapes Private Limited

 

 

CIN No.:

U70101MH1994PTC081108

Name of the company :

Macrotech Constructions Private Limited

 

 

CIN No.:

U45200MH2002PTC137895

Name of the company :

Mahavir Premises Private Limited

 

 

CIN No.:

U45200MH2005PTC155136

Name of the company :

Lodha and Kheni Developers Private Limited

 

 

CIN No.:

U45200MH1988PTC048628

Name of the company :

Arihant Premises Private Limited

 

 

 

 

CAPITAL STRUCTURE

 

(As on 30.09.2007)

 

Authorised Capital :

No. of Shares

Type

Value

Amount

2500000

Equity Shares

Rs. 100/- each

Rs. 250.000 Millions

 

Issued, Subscribed & Paid-up Capital :

No. of Shares

Type

Value

Amount

6000

Equity Shares

Rs. 100/- each

Rs. 0.600 Million

 


 

 

FINANCIAL DATA

[all figures are in Rupees Millions]

 

 

ABRIDGED BALANCE SHEET

 

SOURCES OF FUNDS

 

31.03.2007

31.03.2006

31.03.2005

SHAREHOLDERS FUNDS

 

 

 

1] Share Capital

0.600

0.600

0.600

2] Share Application Money

0.000

0.000

0.000

3] Reserves & Surplus

630.315

257.984

73.178

4] (Accumulated Losses)

0.000

0.000

0.000

NETWORTH

630.915

258.584

73.778

LOAN FUNDS

 

 

 

1] Secured Loans

2677.966

1131.118

250.363

2] Unsecured Loans

2778.209

211.622

58.323

TOTAL BORROWING

5456.175

1342.740

308.686

DEFERRED TAX LIABILITIES

0.106

0.000

0.000

 

 

 

 

TOTAL

6087.196

1601.324

382.464

 

 

 

 

APPLICATION OF FUNDS

 

 

 

 

 

 

 

FIXED ASSETS [Net Block]

13.041

11.405

3.918

Capital work-in-progress

0.000

0.000

0.000

 

 

 

 

INVESTMENT

3054.628

805.216

186.489

DEFERREX TAX ASSETS

0.000

0.000

0.000

 

 

 

 

CURRENT ASSETS, LOANS & ADVANCES

 

 

 

 

Inventories

1190.446

348.413

295.880

 

Sundry Debtors

399.407

14.895

5.282

 

Cash & Bank Balances

22.774

1.255

24.255

 

Other Current Assets

17.354

0.000

0.000

 

Loans & Advances

2737.614

1143.563

259.274

Total Current Assets

4367.595
1508.126

584.691

Less : CURRENT LIABILITIES & PROVISIONS

 

 

 

 

Current Liabilities

1219.093

710.687

392.943

 

Provisions

128.975

12.736

0.293

Total Current Liabilities

1348.068

723.423

393.236

Net Current Assets

3019.527

784.703

191.455

 

 

 

 

MISCELLANEOUS EXPENSES

0.000

0.000

0.602

 

 

 

 

TOTAL

6087.196

1601.324

382.464

 

PROFIT & LOSS ACCOUNT

 

PARTICULARS

 

 

31.03.2007

31.03.2006

Total Income

 

2716.141

768.534

 

 

 

 

Profit/(Loss) Before Tax

 

454.776

197.327

Provision for Taxation

 

--

--

Profit/(Loss) After Tax

 

454.776

197.327

 

 

 

 

Expenditures :

 

 

 

 

Interest

 

206.649

0.252

 

Depreciation & Amortization

 

3.251

1.469

 

Other Expenditure

 

2051.465

569.486

Total Expenditure

 

2261.365

571.207

 

KEY RATIOS

 

PARTICULARS

 

 

31.03.2007

31.03.2006

31.03.2005

PAT / Total Income

(%)

16.74
25.68

NA

 

 

 
 

 

Net Profit Margin
(PBT/Sales)

(%)

16.74
25.68

NA

 

 

 
 

 

Return on Total Assets
(PBT/Total Assets}

(%)

10.38
12.99

NA

 

 

 
 

 

Return on Investment (ROI)
(PBT/Networth)

 

0.72
0.76

NA

 

 

 
 

 

Debt Equity Ratio
(Total Liability/Networth)

 

10.78
7.99

9.51

 

 

 
 

 

Current Ratio
(Current Asset/Current Liability)

 

3.24
2.08

1.49

 

 

LOCAL AGENCY FURTHER INFORMATION

 

Note :

 

Mr. Inani (Accounts Manager – Lodha Group) refused to part any information saying ACC should contact us directly.

 

Form No. 8

 

Name of the company

LODHA DEVELOPERS PRIVATE LIMITED

Presented By

Abhinandan Lodha

1) Date and description of instrument creating the change

Indenture of Mortgage dated 11th November 2005

2) Amount secured by the charge/amount owing on the securities of charge

Rs. 250.000 Millions

3) Short particular of the property charged. If the property acquired is subject to charge, date of the acquired of the property should be given

Schedule of Final Plot No. 588

 

All that piece of parcel of Pension and Tax land or ground situated, lying and being at Mahim Agar on the North side of Elphinastone Road but now called the Gokhle Road, South and Sayani Road, without the Fort an in the Registraion Sub-District of Bombay City and Bombay Suburban containing by adm. 6634.67 sq. yards. Equivalement to 5545.44 sq. mts. or thereabouts registered in the books of the collector of Land Revenue under New Nos. 4402, B/3877, 4016 an A 16891 New Survy Nos 4/1821, 1B/1822, 1/1821 and Cadastral Survey No 1132 of Lower Parel Division and bearing Final Plot No 588 together with the message tenements or dwelling house and chawls standing thereon and assessed by the Assessor and Collector of Municipal and Taxes under G Ward No. 3426 [3] Street No 340 G Ward No 3428 [1A] Street No 892 G Ward No 3423 [1AA] Street 34 C G ward No. 3428 [2] and Street No 34 B, G Ward No 3428 [3] Street No 34E, G Ward 3429 [7-9] Street No 348, G Ward 3429 [11] Street No. 34 K G Ward No 3430 [1] Street No 34 A, G Ward No 3432 [1] and Street Nos 30-30A, 32-32B, 38-38A G Ward No 3432 [1] and Street Nos 30-30A, 32-32B, 38-38A G Ward No 3438 [3A] Street No 38 A an Bounded as follows :

 

On or towards the East : By the property of City improvement Trust            

 

On or towards the West : by the road known as Kumbhar Galli

 

On or towards the North : Party by the Property of Abdul Rahimkhan Mohammed Master Perty by the Property of lgnes D-Sliva 

 

On or towards the South : by the property of E D Sasoon and Company and partly by the Property of Abbasbhoy Gulamhusein in Bandukwala and others.

 

Schedule of Final Plot No. 587

 

All that piece of parcel of land or ground with the structure hereditaments and premises standing thereon known as Bandukwala Chwals situated at 34-I, Sayani Road, Bombay 400025 adm. About 1227.33 sq. yards equivalent to 1026.21 sq. mt. or htereabouts bearing cadastral Survey No. 1349 of Lower Parel Division in the Registration District and Sub-District of Bombay city and Bombay Suburban and in the District of Bombay City and Bounded as follows :

 

On or towards the North : by Final Plot No 588 No IV of Mahim Division

 

On or towards the East - West : by Final Plot No. 588 No IV of Mahim Division

 

On or towards the South : By Final plot No 586 No IV of Mahim Division

 

And construction thereon present and future. 

4) Gist of the terms and conditions and extent and operation of the charge.

Loan Amount – Rs. 250.000 Millions

ROI – 9.50 % p.a.

Term – 30 Months from October 2005

 

Interest on the outstanding principal will be payable at the end of every month

5) Name and Address and description of the person entitled to the charge.

Housing Development Finance Corporation Limited,

Ramon House, H. T. Parekh Marg, 169, Backbay Reclamation, Churchgate, Mumbai – 400020

6) Date  and brief description of instrument modifying the charge

Not Applicable

7) Particulars of modifications specifying the terms and conditions or the extent of operations of the charge in which modification is made and the details of the modification.

Not Applicable

 

 

This form is for

Creation of charge

Corporate identity number of the company

U45200MH1995PTC093041

Name of the company

LODHA DEVELOPERS PRIVATE LIMITED

Address of the registered office or of the principal place of  business in India of the company

216, Shah and Nahar Industrial Estate, Dr. E. Moses Road, Worli, Mumbai – 400018, Maharashtra

Type of charge

  • Immovable Property
  • Any Interest in Immovable Property
  • Movable Property
  • Floating Charge

Particular of charge holder

IDBI Trusteeship Services Limited

Asian Building, Ground Floor, 17, R Kamani Marg, Ballard Estate, Mumbai – 400001, Maharashtra, India

itsl@idbitrustee.co.in

Nature of description of the instrument creating or modifying the charge

Indenture of Mortgage dated 18.09.2007 and Deed of Hypothecation dated 18.09.2007

Date of instrument Creating the charge

18.09.2007

Amount secured by the charge

Rs. 16180.000 Millions

Brief particulars of the principal terms an conditions and extent and operation of the charge

Rate of Interest

15.25 % p.a. payable quarterly.

 

Terms of Repayment

Term – 39 months from the date of issue.

 

Margin

N. A.

 

Extent and Operation of the charge

First ranking and exclusive mortgage and charge by way of English mortgage in favour of Charge Holder i.e. Debenture trustee for the benefit of Cowtown Land Development Private Limited in accordance with the terms of indenture of mortgage dated 18.09.2007 and

 

Hypothecation of floating charge in favour of Charge Holder i.e. Debenture Trustee for the benefit of Cowtown land Development Private Limited in accordance with the terms of Deed of Hypothecation 18.09.2007 dated

Short particulars of the property charged

All that pieces an parcel of lands and situate at village Majiwade, majiwade, Thane [West] bearing survy No. 4 Hissa No. 1, and Survey No. 2, Hissa No. 8 and Survey No. 88, Hissa No. 2 A and Survey No. 8, Hissa No. 20 and Survey No. 85, Hissa No. 3 as specified in the sub part IV schedule 1 to the Indenture of Mortgage dated 18.09.2007 and Deed of Hypothecation dated 18.09.2007. 

 

 


AS PER WEBSITE

 

Group Profile

 

Established in 1980, Subject is one of India 's premier real estate developers - with bigger and more challenging projects added each year. Today, the Group provides stylish and comfortable living to over 12,000 families across Mumbai - from South Mumbai to the suburbs.


Subject is developing residences, malls, IT parks & weekend retreats -spanning a total development of over 72 lakh sq. ft. across prime locations such as Napean Sea Road , Worli Sea Face, Mahalaxmi, Prabhadevi, JVPD, Thane and Kanjurmarg. Its upcoming projects include developments at Walkeshwar, Bhandup, Mulund, Dombivili, Dahisar, Thane and Lonavala.


Having established itself as Mumbai's premier real estate developer, Lodha is now spreading its wings and expanding operations to cities like Pune, Hyderabad , Chennai and Ahmedabad.


Be they residences, workspaces, townships, weekend retreats, malls, hotels, special economic zones or public infrastructure, Lodha goes beyond the 'brick and mortar' - to 'Building a better life' .


Subject has an ISO 9001: 2000 Certification and is the recipient of the Accommodation Times Award for Customer Satisfaction.

 

Board of Directors

 

Mangal Prabhat Lodha, Chairman & Managing Director

 

Mangal Prabhat Lodha is the founder-chairman of the Lodha Group and a doyen in the field of construction. Over the years his vision and strategic leadership has steered the conglomerate to a path of sustained growth. He is also a well-known philanthropist and an inspiring social figure. Born to the illustrious Shri Gumanmal Lodha (former Chief Justice of Guwahati High Court), he is a qualified lawyer and leads by example.

 

Abhisheck Lodha, Director

 

Abhisheck Lodha drives the overall Planning for the Group with core emphasis on Project Management. He holds a Bachelor's and Master's degree in Industrial Engineering from the Georgia Institute of Technology, Atlanta - USA. His experience includes tenure at McKinsey & Company, USA.


Abhinandan Lodha, Director

 

Abhinandan Lodha directs the Sales & Marketing initiatives and the Finance Department for the Group. He holds a Masters Degree in Business Administration (MBA) from the University of Cardiff, UK.

 

PRESS RELEASES

 

JP Morgan romps home with Rs 2740 Millions investment - DNA Money

 

December 07, 2006


Each of the 132 flats in the building costs Rs. 15,000 per sq ft MUMBAI: In the largest-ever investment in city-based real estate company, JP Morgan has invested Rs. 2740 Millions in Lodha Bellissimo, a premium residential building developed by Lodha Builders at Apollo Mills at Mahalaxmi. Spread over a developable area of 20,000 sq m, each of the 132 3000-4,000 sq ft flats in the 57-storey building costs an estimated Rs 15,000 per sq foot. The building is scheduled for completion in 2009.


Lodha Builders is one of the largest property developers in city with current projects totalling 7 million sq. ft in floor space and a pipeline of over 25 million sq ft. They bought Apollo mills, a defunct textile unit from National Textile Corporation (NTC) two years ago for Rs 1800 Millions.


Tyler E Goodwin, Vice-President, JP Morgan and responsible for investing in real estate across Asia, said the decision was taken after investing significant time and effort in understanding the market.


"India offers some of the best risk-adjusted returns in the Asian region. Lodha Builders' Bellissimo development represents everything we look for in a strong investment - a reputable partner with a strong track record, a market with solid real estate fundamentals, and a project with a great design and location and with superior supply & demand dynamics," Goodwin said in a statement.


JP Morgan Chase & Co. is a leading global financial services firm with assets of $1.2 trillion and operations in more than 50 countries. Abhinandan Lodha, Director-Finance, Lodha Builders said: "We are in a phase of aggressive expansion across West and South India, with a focus on premium residential as well as retail and office space projects. The tie-up gives us the ability to access resources to fuel our growth plans which will make us amongst the top five real estate developers in the county


CMT REPORT (Corruption, Money Laundering & Terrorism]

 

The Public Notice information has been collected from various sources including but not limited to: The Courts, India Prisons Service, Interpol, etc.

 

1]         INFORMATION ON DESIGNATED PARTY

No exist designating subject or any of its beneficial owners, controlling shareholders or senior officers as terrorist or terrorist organization or whom notice had been received that all financial transactions involving their assets have been blocked or convicted, found guilty or against whom a judgement or order had been entered in a proceedings for violating money-laundering, anti-corruption or bribery or international economic or anti-terrorism sanction laws or whose assets were seized, blocked, frozen or ordered forfeited for violation of money laundering or international anti-terrorism laws.

 

2]         Court Declaration :

No records exist to suggest that subject is or was the subject of any formal or informal allegations, prosecutions or other official proceeding for making any prohibited payments or other improper payments to government officials for engaging in prohibited transactions or with designated parties.

 

3]         Asset Declaration :

No records exist to suggest that the property or assets of the subject are derived from criminal conduct or a prohibited transaction.

 

4]         Record on Financial Crime :

            Charges or conviction registered against subject:                                                  None

 

5]         Records on Violation of Anti-Corruption Laws :

            Charges or investigation registered against subject:                                                          None

 

6]         Records on Int’l Anti-Money Laundering Laws/Standards :

            Charges or investigation registered against subject:                                                          None

 

7]         Criminal Records

No available information exist that suggest that subject or any of its principals have been formally charged or convicted by a competent governmental authority for any financial crime or under any formal investigation by a competent government authority for any violation of anti-corruption laws or international anti-money laundering laws or standard.

 

8]         Affiliation with Government :

No record exists to suggest that any director or indirect owners, controlling shareholders, director, officer or employee of the company is a government official or a family member or close business associate of a Government official.

 

9]         Compensation Package :

Our market survey revealed that the amount of compensation sought by the subject is fair and reasonable and comparable to compensation paid to others for similar services.

 

10]        Press Report :

            No press reports / filings exists on the subject.

 

 

CORPORATE GOVERNANCE

 

MIRA INFORM as part of its Due Diligence do provide comments on Corporate Governance to identify management and governance. These factors often have been predictive and in some cases have created vulnerabilities to credit deterioration.

 

Our Governance Assessment focuses principally on the interactions between a company’s management, its Board of Directors, Shareholders and other financial stakeholders.

 

 

CONTRAVENTION

 

Subject is not known to have contravened any existing local laws, regulations or policies that prohibit, restrict or otherwise affect the terms and conditions that could be included in the agreement with the subject.

 

 

FOREIGN EXCHANGE RATES

 

Currency

Unit

Indian Rupees

US Dollar

1

Rs.42.79

UK Pound

1

Rs.85.04

Euro

1

Rs.67.34

 

 

SCORE & RATING EXPLANATIONS

 

SCORE FACTORS

 

RANGE

POINTS

HISTORY

1~10

9

PAID-UP CAPITAL

1~10

9

OPERATING SCALE

1~10

9

FINANCIAL CONDITION

 

 

--BUSINESS SCALE

1~10

10

--PROFITABILIRY

1~10

8

--LIQUIDITY

1~10

9

--LEVERAGE

1~10

9

--RESERVES

1~10

9

--CREDIT LINES

1~10

9

--MARGINS

-5~5

-

DEMERIT POINTS

 

 

--BANK CHARGES

YES/NO

YES

--LITIGATION

YES/NO

NO

--OTHER ADVERSE INFORMATION

YES/NO

NO

MERIT POINTS

 

 

--SOLE DISTRIBUTORSHIP

YES/NO

NO

--EXPORT ACTIVITIES

YES/NO

NO

--AFFILIATION

YES/NO

YES

--LISTED

YES/NO

NO

--OTHER MERIT FACTORS

YES/NO

YES

TOTAL

 

81

 

This score serves as a reference to assess SC’s credit risk and to set the amount of credit to be extended. It is calculated from a composite of weighted scores obtained from each of the major sections of this report. The assessed factors and their relative weights (as indicated through %) are as follows:

 

Financial condition (40%)            Ownership background (20%)                 Payment record (10%)

Credit history (10%)                    Market trend (10%)                                Operational size (10%)

 


 

RATING EXPLANATIONS

 

RATING

STATUS

 

 

PROPOSED CREDIT LINE

>86

Aaa

Possesses an extremely sound financial base with the strongest capability for timely payment of interest and principal sums

 

Unlimited

71-85

Aa

Possesses adequate working capital. No caution needed for credit transaction. It has above average (strong) capability for payment of interest and principal sums

 

Large

56-70

A

Financial & operational base are regarded healthy. General unfavourable factors will not cause fatal effect. Satisfactory capability for payment of interest and principal sums

 

Fairly Large

41-55

Ba

Overall operation is considered normal. Capable to meet normal commitments.

 

Satisfactory

26-40

B

Unfavourable & favourable factors carry similar weight in credit consideration. Capability to overcome financial difficulties seems comparatively below average.

 

Small

11-25

Ca

Adverse factors are apparent. Repayment of interest and principal sums in default or expected to be in default upon maturity

 

Limited with full security

<10

C

Absolute credit risk exists. Caution needed to be exercised

 

 

Credit not recommended

NR

In view of the lack of information, we have no basis upon which to recommend credit dealings

No Rating

 

 

 

PRIVATE & CONFIDENTIAL : This information is provided to you at your request, you having employed MIPL for such purpose. You will use the information as aid only in determining the propriety of giving credit and generally as an aid to your business and for no other purpose. You will hold the information in strict confidence, and shall not reveal it or make it known to the subject persons, firms or corporations or to any other. MIPL does not warrant the correctness of the information as you hold it free of any liability whatsoever. You will be liable to and indemnify MIPL for any loss, damage or expense, occasioned by your breach or non observance of any one, or more of these conditions