Common use of Further, if Clause in Contracts

Further, if. (a) subject always to the collection procedure set out in clause 6.5 of the LCL Service Terms and Conditions, you do not pay any money due under the Loan Agreement on the due date; (b) you commit an act of bankruptcy (within the meaning of the Insolvency Act 2006 (NZ)) or an Insolvency Event occurs in relation to you; (c) you provided Lending Crowd with incorrect or fraudulent information in registering as a Borrower or applying for the Loan; (d) in the case of any Loan made for the purposes of refinancing any other loans with other lenders in whole or in part, you fail to make repayment of any such other loans with the Loan Amount advanced to you; (e) except as otherwise agreed by Lending Crowd, the Security held by the Trustee in Goods or Land does not rank in priority to any other security interest and any mortgage, charge, lien or pledge over such Goods or Land held by any other lender; (f) you attempt to sell, dispose of or encumber the Goods or Land in any way or the Goods are at risk (whether determined under section 109(2) of the PPSA or section 83E of the CCCFA (as applicable)); or (g) you breach any other term of the Loan Agreement and where such breach is capable of remedy, you do not remedy the breach within ten (10) Business Days of Lending Crowd notifying you of the breach, Lending Crowd (as agent for the Trustee) may immediately or at any time thereafter, upon notice and without waiting any time (but subject always to compliance with relevant legislation): (a) declare all money outstanding under the Loan Agreement (including all interest and fees), together with all other Secured Moneys, immediately due and payable notwithstanding that the time or times for payment may not have arrived. In that case, you must immediately pay those Secured Moneys; and (b) following such declaration, enforce any Security pursuant to the terms thereof or otherwise in accordance with the relevant terms and conditions set out in the Schedule.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Further, if. (a) subject always to the collection procedure set out in clause 6.5 of the LCL Service Terms and Conditions, you do not pay any money due under the Loan Agreement on the due date; (b) you commit an act of bankruptcy (within the meaning of the Insolvency Act 2006 (NZ)) or an Insolvency Event occurs in relation to you; (c) you provided Lending Crowd with incorrect or fraudulent information in registering as a Borrower or applying for the Loan; (d) in the case of any Loan made for the purposes of refinancing any other loans with other lenders in whole or in part, you fail to make repayment of any such other loans with the Loan Amount advanced to you; (e) except as otherwise agreed by Lending Crowd, the Security held by the Trustee in Goods or Land does not rank in priority to any other security interest and any mortgage, charge, lien or pledge over such Goods or Land held by any other lender; (f) you attempt to sell, dispose of or encumber the Goods or Land in any way or the Goods are at risk (whether determined under section 109(2) of the PPSA or section 83E of the CCCFA (as applicable)); orapplicable));or (g) you breach any other term of the Loan Agreement and where such breach is capable of remedy, you do not remedy the breach within ten (10) Business Days business days of Lending Crowd notifying you of the breach, Lending Crowd (as agent for the Trustee) may immediately or at any time thereafter, upon notice and without waiting any time (but subject always to compliance with relevant legislation): (a) declare all money outstanding under the Loan Agreement (including all interest and fees), together with all other Secured Moneys, immediately due and payable notwithstanding that the time or times for payment may not have arrived. In that case, you must immediately pay those Secured Moneys; and (b) following such declaration, enforce any Security pursuant to the terms thereof or otherwise in accordance with the relevant terms and conditions set out in the Schedule.

Appears in 1 contract

Samples: Loan Agreement

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