Indebtedness of the User. 13.1. The Borrower shall be obliged to perform its obligations under the Loan Agreement in a due and timely manner. The Borrower shall be obliged to additionally pay the penalty charges provided for in the Loan Agreement applicable for the violations thereof, and the fees and charges indicated in the Service Rates. 13.2. The Borrower delaying any payments shall be informed of it by e-mail and/or an SMS message. Failure to inform shall not release the Borrower from full discharge of all obligations. 13.3. The Operator shall not be responsible for the User’s non-performance of obligations, including late payments of the Borrower or the Investor. 13.4. The Loan Agreement may be terminated by the unilateral decision of the Operator in cases prescribed by the General Terms of the Loan Agreement and the present Agreement. 13.5. The inability of the Borrower to transfer the funds in due time according to the Loan repayment schedule shall mean that the Borrower shall be obliged to make the following additional payments: 13.5.1. the default interest of the delayed Loan Amount and the Compensatory Interest for each day of delay, which shall be owned by the Lenders, as of the first day of delay of the payment; 13.5.2. if the Borrower concluded more than one Loan Agreement on the Platform, while the funds available on the Borrower’s Paysera Account are not sufficient to cover all the amounts payable under the Loan Agreements to the Investors, the lenders’ obligations shall be satisfied proportionally to the amounts of the loan provided by the Investors; 13.5.3. the Late Repayment Fee specified in the Service Rates. 13.6. The Investor and the Borrower hereby agree and confirm that the Operator may at its own discretion either: (i) subrogate itself to the Rights of Recourse of the Investor/s in the cases set forth in the present Agreement and the Loan Agreement (hereinafter - Automatic subrogation to the Right of Recourse), or (ii) act as the Investors’ representative imposing recovery under the Loan Agreement, exercising all the rights granted to the Operator under the Law on Crowdfunding of the Republic of Lithuania and/or other legal acts, and ensure performance of the Loan Agreement and debt recovery when necessary. For these purposes, the Operator shall also be delegated to perform all actions required for due representation of the Investors’ interests and administration of debt repayment. Automatic subrogation to the Right of Recourse (with the right of transfer to the third party) shall occur following notification sent by the Operator to the Borrower to the e-mail address and/or by registered mail and/or messenger services to the head office address of the Borrower indicated in the Platform database regarding termination of the Loan Agreement and subrogation to the Right of Recourse. The automatic subrogation to the Right of Recourse shall be performed by using the deferred payment, which means that the Operator will pay to the Investor the price for taking over the Right of Recourse equal to the funds recovered from the Borrower, less the charges specified in the Service Rates, on the Platform (including the User’s Account), and separate agreements concluded between the Operator and Investor via the Platform, no later than within 30 calendar days from recovery of the funds. The Borrower hereby confirms that the Lender’s entity does not have any essential significance to the Borrower. In all cases of the Operator’s subrogation to the Rights of Recourse, all the performance guarantees shall also be transferred, including but not limited to the right to mortgage and (or) pledge.
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Samples: Agreement on the Use of the Nordstreet Platform, Agreement on the Use of the Nordstreet Platform
Indebtedness of the User. 13.112.1. The Borrower shall be obliged to perform its obligations under the Loan Agreement in a due and timely manner. The Borrower shall be obliged to additionally pay the penalty charges provided for in the Loan Agreement applicable for the violations thereof, and the fees and charges indicated in the Service Rates.
13.212.2. The Borrower delaying any payments shall be informed of it by e-mail and/or an SMS message. Failure to inform shall not release the Borrower from full discharge of all obligations.
13.312.3. The Operator shall not be responsible for the User’s non-performance of obligations, including late payments of the Borrower or the Investor.
13.412.4. The Loan Agreement may be terminated by the unilateral decision of the Operator in cases prescribed by the General Terms of the Loan Agreement and the present Agreement.
13.512.5. The inability of the Borrower to transfer the funds in due time according to the Loan repayment schedule shall mean that the Borrower shall be obliged to make the following additional payments:
13.5.112.5.1. the default interest of the delayed Loan Amount and the Compensatory Interest for each day of delay, which shall be owned by the Lenders, as of the first day of delay of the payment;
13.5.212.5.2. if the Borrower concluded more than one Loan Agreement on the Platform, while the funds available on the Borrower’s Paysera Account are not sufficient to cover all the amounts payable under the Loan Agreements to the Investors, the lenders’ obligations shall be satisfied proportionally to the amounts of the loan provided by the Investors;
13.5.312.5.3. the Late Repayment Fee specified in the Service Rates.
13.612.6. The Investor and the Borrower hereby agree and confirm that the Operator may at its own discretion either: (i) subrogate itself to the Rights of Recourse of the Investor/s in the cases set forth in the present Agreement and the Loan Agreement (hereinafter - Automatic subrogation to the Right of Recourse), or (ii) act as the Investors’ representative imposing recovery under the Loan Agreement, exercising all the rights granted to the Operator under the Law on Crowdfunding of the Republic of Lithuania and/or other legal acts, and ensure performance of the Loan Agreement and debt recovery when necessary. For these purposes, the Operator shall also be delegated to perform all actions required for due representation of the Investors’ interests and administration of debt repayment. Automatic subrogation to the Right of Recourse (with the right of transfer to the third party) shall occur following notification sent by the Operator to the Borrower to the e-mail address and/or by registered mail and/or messenger services to the head office address of the Borrower indicated in the Platform database regarding termination of the Loan Agreement and subrogation to the Right of Recourse. The automatic subrogation to the Right of Recourse shall be performed by using the deferred payment, which means that the Operator will pay to the Investor the price for taking over the Right of Recourse equal to the funds recovered from the Borrower, less the charges specified in the Service Rates, on the Platform (including the User’s Account), and separate agreements concluded between the Operator and Investor via the Platform, no later than within 30 calendar days from recovery of the funds. The Borrower hereby confirms that the Lender’s entity does not have any essential significance to the Borrower. In all cases of the Operator’s subrogation to the Rights of Recourse, all the performance guarantees shall also be transferred, including but not limited to the right to mortgage and (or) pledge.
12.7. The Operator shall have the right to transfer the recovery from the Borrower to the debt collection companies selected by the Operator, and in this case, the Borrower shall be obliged to compensate the applicable recovery fee and/or bear all other expenses incurred by the Operator or the debt collection company in relation to such subrogation.
12.8. Upon Automatic subrogation to the Right of Recourse, the Operator shall act as a reasonable creditor and make all efforts to recover the debt, however, the Operator shall be liable to the Investor neither individually, nor jointly or subsidiary with the Borrower for recovery of the debt and amount it will succeed to recover. The Investor hereby agrees and confirms the above, and acknowledges its understanding and awareness of the assumed risks of lending.
12.9. Acting as the representative of the Investors (i.e. creditors), the Operator shall have all the rights and duties provided for in the Law on Crowdfunding of the Republic of Lithuania, the Civil Code of the Republic of Lithuania and other legal acts, and for these purposes it shall not be required to conclude a separate authorisation or another document of an equivalent content.
12.10. The Borrower shall have the right to contact the Operator in writing and the latter shall be entitled to adjust the Loan repayment schedule in the cases and procedure provided for in the Loan Agreement.
12.11. Upon receipt of the funds from the Borrower, the obligations of the latter in relation to the delayed payments shall be debited in the following sequence:
12.11.1. first – default interest due to the Investors;
12.11.2. second – Interest and the Loan Amount due to the Investors.
12.11.3. In cases where the obligation was transferred as an enforced recovery, first to be compensated shall be the expenses incurred by the Operator in related to such recovery (expenses on the executive endorsement, order for payment (writ of execution), correspondence, payments for debt recovery services, stamp duty, court expenses, etc.).
12.12. The Investor shall pay to the Operator the Debt Administration Fee, which is equal to 0.1% of the amount the due date of which has been missed under the Loan repayment schedule. The Debt Administration Fee shall be paid for every due calendar day indicated in the Loan repayment schedule until the Borrower fully settles up with the Investors.
12.13. The Debt Administration Fee shall be paid only upon recovery of default interest (or part thereof) from the Borrower under the Loan Agreement (including when the Borrower pays the default interest (or part thereof) after receipt of request from the Operator and in other cases).
12.14. The Debt Administration Fee shall be paid at the moment of distribution of default interest under the Loan Agreement. Under this Agreement, the Investor grants the right and authorisation to the Operator to submit the order to “Paysera LT”, UAB, on behalf of the Investor to transfer Debt Administration Fee to the Operator. After payment of the Debt Administration Fee, the invoice with applied amount of Debt Administration Fee and confirmation on its payment is placed in the Investor’s Account. The Investor hereby grants the Operator the right and authorisation to submit the order to “Paysera LT”, UAB on behalf of the Investor to transfer (deduct) Debt Administration Fee from the Investor’s Paysera Account to the Operator.
12.15. Each time when the Borrower delays to make a current payment in due time and manner, the one-off Late Repayment Fee shall be payable to the Operator.
Appears in 2 contracts
Samples: Agreement on the Use of the Nordstreet Platform, Agreement on the Use of the Nordstreet Platform
Indebtedness of the User. 13.1. The Borrower shall be obliged to perform its obligations under the Loan Agreement in a due and timely manner. The Borrower shall be obliged to additionally pay the penalty charges provided for in the Loan Agreement applicable for the violations thereof, and the fees and charges indicated in the Service Rates.
13.2. The Borrower delaying any payments shall be informed of it by e-mail and/or an SMS message. Failure to inform shall not release the Borrower from full discharge of all obligations.
13.3. The Operator shall not be responsible for the User’s non-performance of obligations, including late payments of the Borrower or the Investor.
13.4. The Loan Agreement may be terminated by the unilateral decision of the Operator in cases prescribed by the General Terms of the Loan Agreement and the present Agreement.
13.5. The inability of the Borrower to transfer the funds in due time according to the Loan repayment schedule shall mean that the Borrower shall be obliged to make the following additional payments:
13.5.1. the default interest of the delayed Loan Amount and the Compensatory Interest for each day of delay, which shall be owned by the Lenders, as of the first day of delay of the payment;
13.5.2. if the Borrower concluded more than one Loan Agreement on the Platform, while the funds available on the Borrower’s Paysera Account are not sufficient to cover all the amounts payable under the Loan Agreements to the Investors, the lenders’ obligations shall be satisfied proportionally to the amounts of the loan provided by the Investors;
13.5.3. the Late Repayment Fee specified in the Service Rates.
13.6. The Investor and the Borrower hereby agree and confirm that the Operator may at its own discretion either: (i) subrogate itself to the Rights of Recourse of the Investor/s in the cases set forth in the present Agreement and the Loan Agreement (hereinafter - Automatic subrogation to the Right of Recourse), or (ii) act as the Investors’ representative imposing recovery under the Loan Agreement, exercising all the rights granted to the Operator under the Law on Crowdfunding of the Republic of Lithuania and/or other legal acts, and ensure performance of the Loan Agreement and debt recovery when necessary. For these purposes, the Operator shall also be delegated to perform all actions required for due representation of the Investors’ interests and administration of debt repayment. Automatic subrogation to the Right of Recourse (with the right of transfer to the third party) shall occur following notification sent by the Operator to the Borrower to the e-mail address and/or by registered mail and/or messenger services to the head office address of the Borrower indicated in the Platform database regarding termination of the Loan Agreement and subrogation to the Right of Recourse. The automatic subrogation to the Right of Recourse shall be performed by using the deferred payment, which means that the Operator will pay to the Investor the price for taking over the Right of Recourse equal to the funds recovered from the Borrower, less the charges specified in the Service Rates, on the Platform (including the User’s Account), and separate agreements concluded between the Operator and Investor via the Platform, no later than within 30 calendar days from recovery of the funds. The Borrower hereby confirms that the Lender’s entity does not have any essential significance to the Borrower. In all cases of the Operator’s subrogation to the Rights of Recourse, all the performance guarantees shall also be transferred, including but not limited to the right to mortgage and (or) pledge.
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