Common use of Additional Conditions of Use of the Credit Clause in Contracts

Additional Conditions of Use of the Credit. 3.5.1. In case the Credit Amount is established in one currency and the Credit Amount or its portion are issued in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance shall apply. 3.5.2. In case the volume of the Credit Amount is established in one currency and the relevant Credit Amount or its portion are issued in other currency, exceedence of the volume of the Credit Amount due to the change of the exchange rate shall not be considered to be a violation of the Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement. 3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank. 3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply. 3.5.5. The Customer shall, prior to early repayment of the Credit Amount, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as prior to early repayment of any other debt, including refinancing from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1. 3.5.6. Upon early repayment of the Credit Amount, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions. 3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes). 3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation. 3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after issuance/utilization of credit amount, guarantee preparement planning of drawings the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in the National Agency of Public Registry.

Additional Conditions of Use of the Credit. 3.5.1. In case the Credit Amount is established in one currency and the Credit Amount or its portion are issued in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance shall apply. 3.5.2. In case the volume of the Credit Amount is established in one currency and the relevant Credit Amount or its portion are issued in other currency, exceedence of the volume of the Credit Amount due to the change of the exchange rate shall not be considered to be a violation of the Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement. 3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank. 3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply. 3.5.5. The Customer shall, prior to early repayment of the Credit Amount, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as prior to early repayment of any other debt, including refinancing from other financial institutions, apply on the above to the Bank in writing (including materially or electronically through remote banking service specified by the Bank) 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1. 3.5.6. Upon early repayment of the Credit Amount, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions. 3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes). 3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation. 3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after issuance/utilization of credit amount, guarantee preparement planning of drawings the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in the National Agency of Public Registry.

Additional Conditions of Use of the Credit. 3.5.1. In case the Credit Amount is established in one currency and the Credit Amount or its portion are issued in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance shall apply. 3.5.2. In case the volume of the Credit Amount is established in one currency and the relevant Credit Amount or its portion are issued in other currency, exceedence of the volume of the Credit Amount due to the change of the exchange rate shall not be considered to be a violation of the Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement. 3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank. 3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply. 3.5.5. The Customer shall, prior to early repayment of the Credit Amount, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as prior to early repayment of any other debt, including refinancing from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 5.2. of the Annex No. 1. 3.5.6. Upon early repayment of the Credit Amount, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions. 3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes). 3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation. 3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after issuance/utilization of credit amount, guarantee preparement planning of drawings the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in the National Agency of Public Registry.

Additional Conditions of Use of the Credit. 3.5.1. In case the Credit Amount is established in one currency and the Credit Amount or its portion are issued in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance shall apply. 3.5.2. In case the volume of the Credit Amount is established in one currency and the relevant Credit Amount or its portion are issued in other currency, exceedence of the volume of the Credit Amount due to the change of the exchange rate shall not be considered to be a violation of the Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement. 3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank. 3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply. 3.5.5. The Customer shall, prior to early repayment of the Credit Amount, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as prior to early repayment of any other debt, including refinancing from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1. 3.5.6. Upon early repayment of the Credit Amount, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions. 3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes). 3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation. 3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after issuance/utilization of credit amount, guarantee preparement planning of drawings the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in the National Agency of Public Registry.

Additional Conditions of Use of the Credit. 3.5.1. In case the Credit Amount is established in one currency and the Credit Amount or its portion are issued in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance shall apply. 3.5.2. In case the volume of the Credit Amount is established in one currency and the relevant Credit Amount or its portion are issued in other currency, exceedence of the volume of the Credit Amount due to the change of the exchange rate shall not be considered to be a violation of the Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement. 3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank. 3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply. 3.5.5. The Customer shall, prior to early repayment of the Credit Amount, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as prior to early repayment of any other debt, including refinancing from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 of the Annex No. 1. 3.5.6. Upon early repayment of the Credit Amount, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions. 3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes). 3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation. 3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after issuance/utilization of credit amount, guarantee preparement demand planning of drawings the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in National Agency of Public Registry. Furthermore, within the mentioned period customer is obliged to update an extract from the National Agency of Public RegistryRegistry based on the updated data.

Additional Conditions of Use of the Credit. 3.5.1. In case the Credit Amount is established in one currency and the Credit Amount or its portion are issued in other currency, official exchange rate established by the National Bank of Georgia by the moment of issuance shall apply. 3.5.2. In case the volume of the Credit Amount is established in one currency and the relevant Credit Amount or its portion are issued in other currency, exceedence of the volume of the Credit Amount due to the change of the exchange rate shall not be considered to be a violation of the Agreement and the Customer shall fully and properly fulfill obligations assumed under the Agreement. 3.5.3. The Bank is authorized at any time to reject provision of service through banking products determined by the Agreement (including the release of the Credit Amounts) or their portion, if there is any restriction, including public law restriction imposed (registered) on the property and/or intangible assets of the Customer (including the Account) which puts at risk fulfillment of obligations of the Customer towards the Bank. 3.5.4. If at the time of charging (payment) the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement the rates of the Commission Fee and/or the Fine (Penalty) are established by the Legislation (including Regulations of the National Bank of Georgia) the volume of which rates is lower than the rates of the Commission Fee and/or the Fine (Penalty) envisaged by the Agreement, in such a case the maximum interest rate of the Commission Fee and/or the Fine (Penalty) established by the Legislation (including Regulations of the National Bank of Georgia) (if any) shall apply. 3.5.5. The Customer shall, prior to early repayment of the Credit Amount, the charged Interest (including as unearned benefit), Commission Fee and Penalty, as well as prior to early repayment of any other debt, including refinancing from other financial institutions, apply on the above to the Bank in writing 14 (fourteen) calendar days earlier. Furthermore, if the Сredit Amount envisaged by the Agreement does not exceed GEL 2,000,000 (two million) or its equivalent in other currency (at the rate fixed by the National Bank of Georgia at the date of applying to the Bank in writing), the Bank shall ensure covering the above liabilities on the date of the written application or if the written application was made during off-hours, not later than on the next Banking day. In any other case, the Bank shall be entitled to ensure covering of the above liabilities based on the rule set forth in Paragraph 5.2 5.2. of the Annex No. 1. 3.5.6. Upon early repayment of the Credit Amount, the Customer shall, within the term requested by the Bank (and if such term is not specified by the Bank - immediately), in a form acceptable to the Bank, submit to the Bank a document proving the origin of funds used to repay the Credit Amount. In case the Customer fails to discharge the aforesaid obligation, it will be deemed that the Credit Amount is being repaid by funds from other financial institution, which gives the Bank the right, under the conditions of the Agreement and with no limitation whatsoever, to charge the Customer the Commission Fee for refinancing the used Credit Amount from other financial institutions. 3.5.7. Any Commission Fee, money, funds and/or consideration payable to the Bank under the Agreement or/and other Agreement(s) associated Thereto are indicated net of taxes (including without limitation any tax withholding liabilities in any jurisdiction on indirect taxes). 3.5.8. Notwithstanding anything to the contrary and without prejudice to any other right of the Bank under the Agreement, the Bank is authorized to refuse to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, if (a) the Legislation makes it unlawful or impossible for the Bank to maintain or disburse or make available the Credit Amount or any part thereof to the Customer, and/or (b) maintaining or disbursing or making available the Credit Amount or any part thereof to the Customer is non-compliant with or violates the Legislation and/or any restrictions/limitations prescribed by the Legislation. 3.5.9. In case if the actual area of collateral/mortgaged property does not match data of the National Agency of Public Registry, the Customer shall, within 2 (two) months after issuance/utilization of credit amount, guarantee preparement planning of drawings the mortgaged property from the drawings planner and update the data of mortgaged property on an actual area in the National Agency of Public Registry.