Common use of Default interest and default fees Clause in Contracts

Default interest and default fees. If an Event of Default occurs under Clause 13.2 (a) of the General Lending Terms, or if at any time the Maximum Amount is exceeded, and while the relevant event continues, you must pay Interest at the Default Rate and the Fees as specified below. The Default Rate is 4.00% per annum above the annual interest rate A Default Administration Fee of $45.00 (plus Recovery Costs) may be charged for any breach by you under this Agreement or if we enforce this Agreement. When choosing a fixed rate loan you need to know that if you: • repay the loan early either in full or in part or • switch to another fixed or variable interest rate before the end of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are a contract between you and NBS. They give you certainty of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period, we may lose income. The Early Repayment Recovery amount helps us recover an estimate of the likely loss of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11). The calculation is complex and takes into account: • the amount being repaid early; • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may also have to pay a $50.00 administrative fee relating to the Early Repayment (Early Repayment Administration Fee). You can increase the amount of your regular payments, or you can make lump sum payments during your Fixed Interest Rate Period, without the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated from the first day of your Fixed Interest Rate Period.

Appears in 1 contract

Samples: Loan Agreement

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Default interest and default fees. Default interest rate The Default Interest Rate is the aggregate of the Interest Rate from time to time and 4% per annum. Further information about how we calculate default interest and when it applies is set out in clause 4 of the Memorandum. If an Event the repayment of the loan is accelerated as a result of default under this agreement, however, default interest does not accrue on the amount payable early and interest at the relevant interest rate continues to accrue. Default occurs under Clause 13.2 fees Description Amount How and When Paid Payment Dishonour Fee $25.00 by you immediately upon the Is a fee that covers our average occurrence of a dishonour – administrative costs for work the Payment Dishonour Fee associated with a payment dishonour. will be debited to your account on the day that we are advised of the dishonour. Property Law Act Notice Fee $185.00 by you when we prepare a Is a fee that covers part of the administrative costs we incur when we prepare or instruct the preparation of a default notice required by sections 118, 119 or 122 (aor any amendments to or replacements of these sections) of the General Lending TermsProperty Law Act 2007. notice required by sections 118, 119 or if at 122 (or any time amendments to or replacements of these sections) of the Maximum Amount is exceeded, and while Property Law Act 2007. Expired Insurance Fee $50.00 by you when your insurance Is a fee that covers part of the relevant event continues, you must pay Interest at administrative costs associated with corresponding with the Default Rate insurer of the Secured Property and the Fees as specified belowBorrower or Mortgagor in relation to the currency of insurance and, in some instances, paying the premium and debiting it to the loan account. The Default Rate is 4.00% per annum above on the annual interest rate A Default Administration Secured Property expires. Rates Arrears Fee of $45.00 (plus Recovery Costs) may be charged for any breach 250.00 by you under this Agreement when we are notified Is a fee that covers part of the administrative costs associated with receiving notification of non-payment of rates from a local or if we enforce this Agreement. When choosing a fixed rate loan you need water rating authority and corresponding with the Borrower or Mortgagor and, in some instances, paying the outstanding amounts and debiting those to know that if you: • repay the loan early either account. by a local or water rating authority that there has been a non-payment of any rates in full or in part or • switch relation to another fixed or variable interest rate before the end of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are a contract between you and NBS. They give you certainty of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period, we may lose income. The Early Repayment Recovery amount helps us recover an estimate of the likely loss of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11). The calculation is complex and takes into account: • the amount being repaid early; • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may also have to pay a $50.00 administrative fee relating to the Early Repayment (Early Repayment Administration Fee). You can increase the amount of your regular payments, or you can make lump sum payments during your Fixed Interest Rate Period, without the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated from the first day of your Fixed Interest Rate PeriodSecured Property.

Appears in 1 contract

Samples: Mortgage Loan Agreement

Default interest and default fees. If an Event of Default occurs under Clause 13.2 (a) of the General Lending Terms, or if at any time the Maximum Amount is exceeded, and while the relevant event continues, you must pay Interest at the Default Rate and the Fees as specified below. The Default Rate is 4.00% per annum above the annual interest rate A Default Administration Fee of $45.00 (plus Recovery Costs) may be charged for any breach by you under this Agreement or if we enforce this Agreement. Initial When choosing a fixed rate loan you need to know that if you: • repay the loan early either in full or in part or • switch to another fixed or variable interest rate before the end of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are a contract between you and NBS. They give you certainty of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period, we may lose income. The Early Repayment Recovery amount helps us recover an estimate of the likely loss of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11). The calculation is complex and takes into account: • the amount being repaid early; • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may also have to pay a $50.00 administrative fee relating to the Early Repayment (Early Repayment Administration Fee). You can increase the amount of your regular payments, or you can make lump sum payments during your Fixed Interest Rate Period, without the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated from the first day of your Fixed Interest Rate Period.

Appears in 1 contract

Samples: Loan Agreement

Default interest and default fees. Default interest charges The Default Interest Rate is the aggregate of the Interest Rate from time to time and 6% per annum. Further information about how we calculate default interest and when it applies is set out in clause 4 of the Memorandum. If the repayment of the loan is accelerated as a result of default under this agreement, however, default interest does not accrue on the amount payable early and interest at the relevant interest rate continues to accrue. Default fees Description Amount How and When Paid Payment Dishonour Fee $25.00 by you immediately upon Is a fee that covers our average the occurrence of a administrative costs for work associated dishonour – the Payment with a payment dishonour. Dishonour Fee will be debited to your account on the day that we are advised of the dishonour. Default Administration Fee $95.00 by you immediately upon Is a fee that covers our average default – the Default administrative costs associated with the Administration Fee will be administration and remediation of an Event debited to your account on account that has gone into arrears. a Payment Date when you have been in default at any time since the preceding Payment Date. Property Law Act Notice Fee $185.00 by you when we prepare a Is a fee that covers part of Default occurs under Clause 13.2 the notice required by sections administrative costs we incur when we 118, 119 or 122 (aor any prepare or instruct the preparation of a amendments to or default notice required by sections 118, replacements of these 119 or 122 (or any amendments to or sections) of the General Lending TermsProperty replacements of these sections) of the Law Xxx 0000. Property Law Xxx 0000. Expired Insurance Fee $50.00 by you when your Is a fee that covers part of the insurance on the Secured administrative costs associated with Property expires. corresponding with the insurer of the Secured Property and the Borrower or Mortgagor in relation to the currency of insurance and, in some instances, paying the premium and debiting it to the loan account. Rates Arrears Fee $250.00 by you when we are notified Is a fee that covers part of the by a local or if water rating administrative costs associated with authority that there has receiving notification of non-payment of been a non-payment of any rates from a local or water rating rates in relation to a authority and corresponding with the Secured Property. Borrower or Mortgagor and, in some instances, paying the outstanding amounts and debiting those to the loan account. You may prepay the loan in full at any time the Maximum Amount time. If a Loan Account is exceeded, subject to a Fixed Interest Rate Period and while the relevant event continues, you must pay Interest at the Default Rate and the Fees as specified below. The Default Rate is 4.00% per annum above the annual interest rate A Default Administration Fee of $45.00 (plus Recovery Costs) may be charged for any breach by you under this Agreement or if we enforce this Agreement. When choosing a fixed rate loan you need to know prepay that if you: • repay the loan early either Loan Account in full (“full prepayment”) or in part or • switch to another fixed or variable interest rate (“partial prepayment”) before the end expiry of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are or the loan is prepaid in full or in part in connection with a contract between you and NBS. They give you certainty Default before the expiry of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period), we may lose incomecharge you a fee to compensate us for any loss resulting from the prepayment. The Early Repayment Recovery amount helps you may have to pay to compensate us recover an estimate for the loss in respect of a full prepayment is calculated using the likely loss formulas specified in regulations 9 or 11 (as applicable) of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11the Regulations). The calculation is complex and takes into account: • the amount being repaid early; • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount In addition, you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may will also have to pay our Discharge Administration Fee and the Discharge Legal Fee on a $50.00 administrative fee relating full prepayment. The amount you may have to pay to compensate us for the Early Repayment loss in respect of a partial prepayment is calculated using a method that is consistent with the formula specified in regulations 9 or 11 (Early Repayment Administration Feeas applicable) of the Regulations but modified as appropriate to account for the partial prepayment. Fees charged on prepayment can be large, and we recommend that you contact us for the amount of these fees before making any prepayment. No amount prepaid may be redrawn. If there is any conflict between this clause and the Memorandum this clause prevails. You are entitled to cancel the consumer credit contract by giving notice to us. • If the Specific Terms and the Memorandum are handed to you directly you must give notice that you intend to cancel within 5 working days after you receive those documents. • If the Specific Terms and the Memorandum are sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. • If the Specific Terms and the Memorandum are posted to you, you must give the notice within 9 working days after they were posted. Saturdays, Sundays, and national public holidays are not counted as working days. To cancel, you must give us written notice that you intend to cancel the contract by: • giving notice to [Lender] or an employee or agent of ours; or • posting the notice to us or an agent of [Lender]; or • emailing the notice to [Lender]’s email address (specified on the front of the Specific Terms); or • sending the notice to [Lender]’s fax number (specified on the front of the Specific Terms). You must also, within the same time, return to us any advance received by you under the contract. If you cancel the contract, we can increase charge you the amount of your regular paymentsany reasonable expenses we had to pay in connection with the contract and its cancellation (including legal fees and fees for credit reports, or etc). If you cancel the contract we can make lump sum payments during your Fixed Interest Rate Period, without also charge you interest for the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated period from the first day of your Fixed Interest Rate Periodyou received the advance until the day you repay the advance.

Appears in 1 contract

Samples: Mortgage Loan Agreement

Default interest and default fees. Default interest rate The Default Interest Rate is the aggregate of the Interest Rate from time to time and 6% per annum. Further information about how we calculate default interest and when it applies is set out in clause 4 of the Memorandum. If the repayment of the loan is accelerated as a result of default under this agreement, however, default interest does not accrue on the amount payable early and interest at the relevant interest rate continues to accrue. Default fees Description Amount How and When Paid Payment Dishonour Fee $25.00 by you immediately upon Is a fee that covers our average the occurrence of a administrative costs for work dishonour – the Payment associated with a payment dishonour. Dishonour Fee will be debited to your account on the day that we are advised of the dishonour. Default Administration Fee $95.00 by you immediately upon Is a fee that covers our average default – the Default administrative costs associated with Administration Fee will be the administration and remediation of debited to your account an Event account that has gone into arrears. on a Monthly Payment Date when you have been in default at any time since the preceding Monthly Payment Date. Property Law Act Notice Fee $185.00 by you when we prepare Is a fee that covers part of Default occurs under Clause 13.2 the a notice required by administrative costs we incur when we sections 118, 119 or 122 prepare or instruct the preparation of (aor any amendments to a default notice required by sections or replacements of these 118, 119 or 122 (or any amendments sections) of the General Lending Terms, Property to or if at any time replacements of these sections) of Law Xxx 0000. the Maximum Amount is exceeded, and while Property Law Xxx 0000. Expired Insurance Fee $50.00 by you when your Is a fee that covers part of the relevant event continues, you must pay Interest at insurance on the Default Rate Secured administrative costs associated with Property expires. corresponding with the insurer of the Secured Property and the Fees as specified below. The Default Rate is 4.00% per annum above Borrower or Mortgagor in relation to the annual interest rate A Default Administration Fee currency of $45.00 (plus Recovery Costs) may be charged for any breach by you under this Agreement or if we enforce this Agreement. When choosing a fixed rate loan you need insurance and, in some instances, paying the premium and debiting it to know that if you: • repay the loan early either in full or in part or • switch to another fixed or variable interest rate before the end account. Page 7 of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are a contract between you and NBS. They give you certainty of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period, we may lose income. The Early Repayment Recovery amount helps us recover an estimate of the likely loss of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11). The calculation is complex and takes into account: • the amount being repaid early; • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may also have to pay a $50.00 administrative fee relating to the Early Repayment (Early Repayment Administration Fee). You can increase the amount of your regular payments, or you can make lump sum payments during your Fixed Interest Rate Period, without the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated from the first day of your Fixed Interest Rate Period.11 Private Agreement Version May 2022

Appears in 1 contract

Samples: Mortgage Loan Agreement

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Default interest and default fees. If an Event of Default occurs under Clause 13.2 (a) of the General Lending Terms, or if at any time the Maximum Amount is exceeded, and while the relevant event continues, you must pay Interest at the Default Rate and the Fees as specified below. The Default Rate is 4.00% per annum above the annual interest rate A Default Administration Fee of $45.00 (plus Recovery Costs) may be charged for any breach by you under this Agreement or if we enforce this Agreement. When choosing a fixed rate loan you need to know that if you: • repay the loan early either in full or in part or • switch to another fixed or variable interest rate before the end of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are a contract between you and NBS. They give you certainty of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period, we may lose income. The Early Repayment Recovery amount helps us recover an estimate of the likely loss of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11). The calculation is complex and takes into account: • the amount being repaid early; Initial • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may also have to pay a $50.00 administrative fee relating to the Early Repayment (Early Repayment Administration Fee). You can increase the amount of your regular payments, or you can make lump sum payments during your Fixed Interest Rate Period, without the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated from the first day of your Fixed Interest Rate Period.

Appears in 1 contract

Samples: Loan Agreement

Default interest and default fees. Default interest charges The Default Interest Rate is the aggregate of the Interest Rate from time to time and 6% per annum. Further information about how we calculate default interest and when it applies is set out in clause 4 of the Memorandum. If the repayment of the loan is accelerated as a result of default under this agreement, however, default interest does not accrue on the amount payable early and interest at the relevant interest rate continues to accrue. Default fees Description Amount How and When Paid Payment Dishonour Fee $25.00 by you immediately upon Is a fee that covers our average the occurrence of a administrative costs for work associated dishonour – the Payment with a payment dishonour. Dishonour Fee will be debited to your account on the day that we are advised of the dishonour. Default Administration Fee $95.00 by you immediately upon Is a fee that covers our average default – the Default administrative costs associated with the Administration Fee will be administration and remediation of an Event debited to your account on account that has gone into arrears. a Payment Date when you have been in default at any time since the preceding Payment Date. Property Law Act Notice Fee $185.00 by you when we prepare a Is a fee that covers part of Default occurs under Clause 13.2 the notice required by sections administrative costs we incur when we 118, 119 or 122 (aor any prepare or instruct the preparation of a amendments to or default notice required by sections 118, replacements of these 119 or 122 (or any amendments to or sections) of the General Lending TermsProperty replacements of these sections) of the Law Xxx 0000. Property Law Xxx 0000. Expired Insurance Fee $50.00 by you when your Is a fee that covers part of the insurance on the Secured administrative costs associated with Property expires. corresponding with the insurer of the Secured Property and the Borrower or Mortgagor in relation to the currency of insurance and, in some instances, paying the premium and debiting it to the loan account. Rates Arrears Fee $250.00 by you when we are notified Is a fee that covers part of the by a local or if water rating administrative costs associated with authority that there has receiving notification of non-payment of been a non-payment of any rates from a local or water rating rates in relation to a authority and corresponding with the Secured Property. Borrower or Mortgagor and, in some instances, paying the outstanding amounts and debiting those to the loan account. You may prepay the loan in full at any time the Maximum Amount time. If a Loan Account is exceeded, subject to a Fixed Interest Rate Period and while the relevant event continues, you must pay Interest at the Default Rate and the Fees as specified below. The Default Rate is 4.00% per annum above the annual interest rate A Default Administration Fee of $45.00 (plus Recovery Costs) may be charged for any breach by you under this Agreement or if we enforce this Agreement. When choosing a fixed rate loan you need to know prepay that if you: • repay the loan early either Loan Account in full (“full prepayment”) or in part or • switch to another fixed or variable interest rate (“partial prepayment”) before the end expiry of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are or the loan is prepaid in full or in part in connection with a contract between you and NBS. They give you certainty Default before the expiry of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period), we may lose incomecharge you a fee to compensate us for any loss resulting from the prepayment. The Early Repayment Recovery amount helps you may have to pay to compensate us recover an estimate for the loss in respect of a full prepayment is calculated using the likely loss formulas specified in regulations 9 or 11 (as applicable) of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11the Regulations). The calculation is complex and takes into account: • the amount being repaid early; • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount In addition, you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may will also have to pay our Discharge Administration Fee and the Discharge Legal Fee on a $50.00 administrative fee relating full prepayment. The amount you may have to pay to compensate us for the Early Repayment loss in respect of a partial prepayment is calculated using a method that is consistent with the formula specified in regulations 9 or 11 (Early Repayment Administration Feeas applicable) of the Regulations but modified as appropriate to account for the partial prepayment. Fees charged on prepayment can be large, and we recommend that you contact us for the amount of these fees before making any prepayment. No amount prepaid may be redrawn. If there is any conflict between this clause and the Memorandum this clause prevails. You are entitled to cancel the consumer credit contract by giving notice to us. • If the Specific Terms and the Memorandum are handed to you directly you must give notice that you intend to cancel within 5 working days after you receive those documents. • If the Specific Terms and the Memorandum are sent to you by electronic means (for example, email) you must give notice that you intend to cancel within 7 working days after the electronic communication is sent. • If the Specific Terms and the Memorandum are posted to you, you must give the notice within 9 working days after they were posted. Saturdays, Sundays, and national public holidays are not counted as working days. To cancel, you must give us written notice that you intend to cancel the contract by: • giving notice to [Xxxxxx] or an employee or agent of ours; or • posting the notice to us or an agent of [Lender]; or • emailing the notice to [Xxxxxx]’s email address (specified on the front of the Specific Terms); or • sending the notice to [Lender]’s fax number (specified on the front of the Specific Terms). You must also, within the same time, return to us any advance received by you under the contract. If you cancel the contract, we can increase charge you the amount of your regular paymentsany reasonable expenses we had to pay in connection with the contract and its cancellation (including legal fees and fees for credit reports, or etc). If you cancel the contract we can make lump sum payments during your Fixed Interest Rate Period, without also charge you interest for the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated period from the first day of your Fixed Interest Rate Periodyou received the advance until the day you repay the advance.

Appears in 1 contract

Samples: Mortgage Loan Agreement

Default interest and default fees. If an Event of Default occurs under Clause 13.2 (a) of the General Lending Terms, or if at any time the Maximum Amount is exceeded, and while the relevant event continues, you must pay Interest at the Default Rate and the Fees as specified below. The Default Rate is 4.00% per annum above the annual interest rate A Default Administration Fee of $45.00 (plus Recovery Costs) may be charged for any breach by you under this Agreement or if we enforce this Agreement. When choosing a fixed rate loan you need to know that if you: • repay the loan early either in full or in part or • switch to another fixed or variable interest rate before the end of the Fixed Interest Rate Period (Early Repayment), you may be required to pay an Early Repayment Recovery amount to us. Fixed rate loans are a contract between you and NBS. They give you certainty of your repayments and the interest you will be charged during the Fixed Interest Rate Period. In exchange, we receive certainty of income that will be received. If you repay some or all of your fixed rate loan early or switch to another fixed or variable rate before the end of your Fixed Interest Rate Period, we may lose income. The Early Repayment Recovery amount helps us recover an estimate of the likely loss of that income. When calculating the loss, we use the calculation set out in the Credit Contracts and Consumer Finance Regulations 2004 (regulation 9 and 11). The calculation is complex and takes into account: • the amount being repaid early; • the time remaining in the Fixed Interest Rate Period; • our current applicable fixed interest rates; and Initial • what your current regular payments are. We calculate the Early Repayment Recovery amount by comparing: • the interest that would have been payable on the relevant part of your loan for the time remaining in your Fixed Interest Rate Period; and • the interest that would be payable if we relend the amount you intend to repay early, on the day of your repayment at the applicable prevailing interest rate. The result of the calculation depends on the specific features and term of your loan. We recommend you contact your branch for an estimate of your Early Repayment Recovery amount before you look to repay or restructure your fixed rate loan. You may also have to pay a $50.00 administrative fee relating to the Early Repayment (Early Repayment Administration Fee). You can increase the amount of your regular payments, or you can make lump sum payments during your Fixed Interest Rate Period, without the Early Repayment Recovery amount being applied. However, you can only do this if your Early Repayment is not more than $50,000.00 in each year of your Fixed Interest Rate Period. The year is calculated from the first day of your Fixed Interest Rate Period.

Appears in 1 contract

Samples: Loan Agreement

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