Common use of Repayment of the Loan Clause in Contracts

Repayment of the Loan. 4.1. The Borrower shall repay the Loan in the order specified in the Payment Schedule. The Borrower shall commence the repayment of the Loan on the first Payment Date specified in the Payment Schedule and shall repay the Loan by periodic Payments in accordance with the Payment Schedule before the date of repayment of the Loan. The entire Loan must be repaid by the Loan repayment date. 4.2. The first instalment of the Borrower under the Loan Agreement must be made one month after the date of disbursement of the Loan amount to the Borrower. A detailed Payment Schedule of the Loan Repayment (s), Interest Payment and other periodic payments shall be provided as Annex 1 to the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of calculating the Interest, the year shall be deemed to have 360 (three hundred and sixty) calendar days and the month shall have 30 (thirty) calendar days. 4.4. Payments supposed to be made by the Borrower logging in to their User Account on the Platform, selecting the "Active loans" section and clicking the "Pay" button. The Borrower may not make Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.1. Monthly Administration Fee; 4.5.2. Interest; 4.5.3. Loan amount or part thereof, if according to the Payment Schedule it must be paid by Payment; 4.6. Liabilities of the Borrower who are in arrears (Payment) upon receipt of funds from FinoMark by the Borrower shall be included in the following order: 4.6.1. FinoMark's fines and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etc.) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of the Loan), as well as pay the due Interest and the Monthly Administration Fee if any of the violations or events specified in Clause 10.1 of the General Terms and Conditions of the Loan Agreement exists in the reasoned opinion of the Operator. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's fault, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan Agreement. 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for each calendar day of default, the Borrower shall pay to the Operator the Interest on Delay in the amount specified in the fees for the services provided by the FinoMark Platform and a penalty on the amount overdue. 4.10. If the Loan repayment date expires, the Operator shall continue to calculate the Interest in the amount specified in the Special Terms and Conditions of the Loan Agreement, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan in accordance with the procedure established in the Platform before the due date. If the Loan is repaid earlier, the Borrower must additionally pay the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well as the Interest (calculated until the nearest instalment according to the Payment Schedule) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule). 4.12. The Borrower understands and hereby agrees that the fee for concluding the Loan Agreement, if provided for in the Special Terms and Conditions of the Loan Agreement, shall be of a one-off nature and must therefore be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any case, including but not limited to and in the event of early repayment of the Loan, notwithstanding the arrangement of this fee in the Payment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee provided for in the Special Terms and Conditions of the Loan Agreement may be deducted from the amount of the Loan paid to the Borrower.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Repayment of the Loan. 4.16.1. The Creditor shall be entitled to take any measures provided for by the legislation and required for the Borrower to fulfill its obligations stipulated in this Agreement. 6.2. If the Final Maturity Date occurs, the Creditor shall be entitled to demand from the Borrower to repay the Loan in the order specified in the Payment Schedulewhole or any debt under this Agreement. 6.3. The Borrower shall commence the repayment Prolongation of the Loan on period of validity of this Agreement shall be made through a written agreement between the first Payment Date specified in Parties. 6.4. Repayment of the Payment Schedule and shall repay principal debt under the Loan by periodic Payments allotted Credits will be performed in accordance with the Payment Schedule before terms of this Agreement and Credit Agreements every month by equal portions after expiration of 24 months of provided grace period. 6.5. Amounts due from the Borrower under this Agreement shall be used by the Creditor to repay the debt in the following sequence: 6.5.1. repayment of the penalty amount on the Interest; 6.5.2. repayment of the amount of overdue Interest calculated for using of the Loan; 6.5.3. repayment of the overdue amount of the principal debt amount of the Loan; 6.5.4. repayment of the amount of Interest accrued for using of the Loan at the date of repayment; 6.5.5. repayment of the principal debt amount of the Loan. 6.6. If the date of repayment of the Loan. The entire Loan must be repaid by debt on the Loan repayment date. 4.2and/or accrued Interest occurs on a day off, the Borrower shall transfer money to repay the debt on the Business Day following such day off. The first instalment If the Business Day following such day off occurs in the following calendar month, the payment shall be made on the Business Day directly preceding such payment. Such slippage of the Borrower under the Loan Agreement must be made one month after the date of disbursement of the Loan amount to the Borrower. A detailed Payment Schedule of the Loan Repayment (s), Interest Payment and other periodic payments payment terms shall be provided as Annex 1 to the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of taken into consideration when calculating the Interest, i.e. the year Interest shall be deemed to have 360 (three hundred and sixty) calendar days and calculated at a rate provided for by this Agreement as of the month shall have 30 (thirty) calendar daysdate of money’s actual entering in the Creditor’s account. 4.46.7. Payments supposed All payments due to the Creditor under this Agreement shall be made by the Borrower logging so that the Creditor receives an amount due to it under this Agreement in full, without any taxes, duties, customs, commissions and other charges deducted later, and in time, save for instances when such taxes, duties, customs and other charges are to their User Account on the Platform, selecting the "Active loans" section and clicking the "Pay" button. The Borrower may not make Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.1. Monthly Administration Fee; 4.5.2. Interest; 4.5.3. Loan amount or part thereof, if be paid according to the Payment Schedule it must be paid by Payment; 4.6. Liabilities of the Borrower who are in arrears (Payment) upon receipt of funds from FinoMark State Bodies’ request, on payments made by the Borrower shall be included in prior to the following order: 4.6.1. FinoMark's fines date such taxes, duties, customs and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etccharges take effect.) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of the Loan), as well as pay the due Interest and the Monthly Administration Fee if any of the violations or events specified in Clause 10.1 of the General Terms and Conditions of the Loan Agreement exists in the reasoned opinion of the Operator. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's fault, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan Agreement. 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for each calendar day of default, the Borrower shall pay to the Operator the Interest on Delay in the amount specified in the fees for the services provided by the FinoMark Platform and a penalty on the amount overdue. 4.10. If the Loan repayment date expires, the Operator shall continue to calculate the Interest in the amount specified in the Special Terms and Conditions of the Loan Agreement, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan in accordance with the procedure established in the Platform before the due date. If the Loan is repaid earlier, the Borrower must additionally pay the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well as the Interest (calculated until the nearest instalment according to the Payment Schedule) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule). 4.12. The Borrower understands and hereby agrees that the fee for concluding the Loan Agreement, if provided for in the Special Terms and Conditions of the Loan Agreement, shall be of a one-off nature and must therefore be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any case, including but not limited to and in the event of early repayment of the Loan, notwithstanding the arrangement of this fee in the Payment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee provided for in the Special Terms and Conditions of the Loan Agreement may be deducted from the amount of the Loan paid to the Borrower.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Transmeridian Exploration Inc)

Repayment of the Loan. 4.14.1 The fund sources for loan repayment shall include but not limited to, the sales revenue generated from the loan project, subsidies, depreciation and other revenues of the Borrower. In no event shall the agreement on the fund sources for loan repayment set forth herein have any effect on the obligation of the Borrower to repay the principal of and interest on the loan pursuant to this Contract. 4.2 The Borrower shall repay the Loan principal of and interest on the loan on the maturity date set forth in Article 1.4 hereof and based on the following provision. In the event of any inconsistency between the maturity date set forth in the order specified borrowing certificate and that set forth herein, the borrowing certificate shall prevail: Time of Repayment Currency Amount of Repayment December 10, 2011 RMB Seventy Million (in word) December 10, 2012 RMB One Hundred and Forty Million (in word) December 10, 2013 RMB One Hundred and Seventy Million (in word) December 10, 2014 RMB One Hundred and Twenty Million (in word) 4.3 Without the Payment Schedule. The Borrower shall commence the repayment written consent of the Loan on the first Payment Date specified in the Payment Schedule and shall repay the Loan by periodic Payments in accordance with the Payment Schedule before the date of repayment of the Loan. The entire Loan must be repaid by the Loan repayment date. 4.2. The first instalment of the Borrower under the Loan Agreement must be made one month after the date of disbursement of the Loan amount to the Borrower. A detailed Payment Schedule of the Loan Repayment (s), Interest Payment and other periodic payments shall be provided as Annex 1 to the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of calculating the Interest, the year shall be deemed to have 360 (three hundred and sixty) calendar days and the month shall have 30 (thirty) calendar days. 4.4. Payments supposed to be made by the Borrower logging in to their User Account on the Platform, selecting the "Active loans" section and clicking the "Pay" button. The Borrower may not make Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.1. Monthly Administration Fee; 4.5.2. Interest; 4.5.3. Loan amount or part thereof, if according to the Payment Schedule it must be paid by Payment; 4.6. Liabilities of the Borrower who are in arrears (Payment) upon receipt of funds from FinoMark by the Borrower shall be included in the following order: 4.6.1. FinoMark's fines and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etc.) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of the Loan), as well as pay the due Interest and the Monthly Administration Fee if any of the violations or events specified in Clause 10.1 of the General Terms and Conditions of the Loan Agreement exists in the reasoned opinion of the Operator. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's fault, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan Agreement. 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for each calendar day of defaultLender, the Borrower shall pay to the Operator the Interest on Delay in the amount specified in the fees not make any prepayment for the services provided by the FinoMark Platform and a penalty on the amount overdueloan. 4.10. 4.4 If the Loan repayment date expires, the Operator shall continue to calculate the Interest in the amount specified in the Special Terms and Conditions of the Loan Agreement, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan in accordance with the procedure established in the Platform before the due date. If the Loan is repaid earliera special loan disbursement account has been opened, the Borrower must additionally pay hereby designates the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well following account as the Interest repayment settlement account for handling the settlement of the loan repayment and transfer expenses of the loan funds. Account Name: Yingli Energy (calculated until China) Company Limited Account Number: 131080270018010008815 Bank: Bank of Communications Co., Ltd., Hebei Branch, Beianjie Subranch 4.5 The Borrower has ¨X has not ¨Ö opened a special repayment reserve account with the nearest instalment according Lender. Account Name: / . Account Number: / . Bank: / . 4.6 The Borrower has ¨Ö has not ¨X opened a special project revenue account with the Lender. Prior to repayment of principal of and interest on the loan in whole, all project revenue shall be deposited into such account, and all settlement business relating to the Payment Scheduleproject shall be handled at the Bank of Communications. Account Name: Yingli Energy (China) Company Limited Account Number: 131080270018010012254 Bank: Bank of Communications Co., Ltd., Hebei Branch, Beianjie Subranch The terms and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule). 4.12. conditions for any outward payment from such account shall be as follows: The Borrower understands must obtain the Lender’s consent to any outward payment from such account for salaries, taxes and hereby agrees that the fee for concluding the Loan Agreement, if provided for in the Special Terms any other amounts as required by laws and Conditions of the Loan Agreement, shall be of a one-off nature and must therefore be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any case, including but not limited to and in the event of early repayment of the Loan, notwithstanding the arrangement of this fee in the Payment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee provided for in the Special Terms and Conditions of the Loan Agreement may be deducted from the amount of the Loan paid to the Borrowerregulations.

Appears in 1 contract

Samples: Fixed Assets Loan Contract (Yingli Green Energy Holding Co LTD)

Repayment of the Loan. 4.1. 5.1 The Borrower shall repay the Loan within a time period indicated in loan application, i.e., 1 (one), 2 (two) or 3 (three) months from the order specified in the Payment ScheduleSubsequent Disbursement Date. The Borrower Loan shall commence be repaid by equal monthly installments starting one month from the Subsequent Disbursement Date. The monthly repayment installment is calculated as sum of Loan principal and Interest amount for the duration of the Loan on divided by number of months the first Payment Date specified in the Payment Schedule and shall repay the Loan by periodic Payments in accordance with the Payment Schedule before the date of repayment loan is issued for. 5.2 In consideration of the Loan. The entire Loan must be repaid by the Loan repayment date. 4.2. The first instalment of Lender granting the Borrower under the Loan Agreement must be made one month after the date of disbursement of the Loan amount to the Borrower. A detailed Payment Schedule of the Loan Repayment (s), Interest Payment and other periodic payments shall be provided as Annex 1 to the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of calculating the Interest, the year shall be deemed to have 360 (three hundred and sixty) calendar days and the month shall have 30 (thirty) calendar days. 4.4. Payments supposed to be made by the Borrower logging in to their User Account on the Platform, selecting the "Active loans" section and clicking the "Pay" button. The Borrower may not make Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.1. Monthly Administration Fee; 4.5.2. Interest; 4.5.3. Loan amount or part thereof, if according to the Payment Schedule it must be paid by Payment; 4.6. Liabilities of the Borrower who are in arrears (Payment) upon receipt of funds from FinoMark by the Borrower shall be included in the following order: 4.6.1. FinoMark's fines and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etc.) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of the Loan), as well as pay the due Interest and the Monthly Administration Fee if any of the violations or events specified in Clause 10.1 of the General Terms and Conditions of the Loan Agreement exists in the reasoned opinion of the Operator. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's fault, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan Agreement. 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for each calendar day of default, the Borrower shall pay to the Operator Lender the interest at the Interest on Delay in Rate (the amount specified in the fees for the services provided by the FinoMark Platform and a penalty on the amount overdue“Interest”). 4.10. If 5.3 Unless otherwise agreed between the Loan repayment date expires, the Operator shall continue to calculate the Interest in the amount specified in the Special Terms and Conditions of the Loan Agreement, as well as the Interest Borrower and the penalty for the Operator Lender in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan in accordance with the procedure established in the Platform before the due date. If the Loan is repaid earlierwriting, the Borrower must additionally pay the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well as the Interest (calculated until the nearest instalment according shall make all payments due to the Payment Schedule) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule). 4.12. The Borrower understands and hereby agrees that the fee for concluding the Loan Agreement, if provided for Lender in the Special Terms and Conditions respect of the Loan Agreement, shall be of a one-off nature and must therefore be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any caseLoan, including but not limited to the Interest and Penalty, using the M-PESA Service into the Pay Xxxx Account Number 682684. 5.4 The Borrower may repay the Loan at any time before the due date. However, this does not affect the amount of Interest payable, which must be paid in full. 5.5 If the event Borrower fails to repay the Loan and/or Interest or any other sum due or owing by the Borrower to the Lender the Borrower will be charged the Penalty at a daily rate of early 1% of any outstanding amount. In addition the Lender may request full repayment of the Loan, notwithstanding Loan and the arrangement Interest if the Borrower fails to pay the monthly installment on or before the due date. 5.6 In addition to the Penalty the Lender may apply a Collection charge of this fee 7,000 Kshs (seven thousand Kenyan shillings) to cover internal and external recovery expenses if client is in the Payment Schedulearrears for more than 10 (ten) days. The Borrower is informed acknowledges, agrees and hereby agrees confirms that the agreement conclusion fee provided for in aforesaid late payment Collection charge represents a reasonable pre-estimate of the Special loss to be suffered by the Lender. 5.7 The Lender shall apply all payments received according to these Terms and Conditions of in following order: 1) costs and expense payable under these Terms and Conditions, 2) accrued and unpaid Penalty, 3) Interest, 4) the Loan Agreement may be deducted from the amount of the Loan paid to the Borrowerprincipal (Loan).

Appears in 1 contract

Samples: Vehicle Asset Financing Loan Agreement

Repayment of the Loan. 4.1. (a) The Borrower shall repay the Loan in the order specified in the Payment Schedule. The Borrower shall commence the repayment outstanding principal amount of the Loan shall be due and payable to the Lender by the Trust on the first Payment date (the "Maturity Date") which is the earlier of (i) the close of business on the Certificate Final Distribution Date specified in or (ii) the Payment Schedule and shall repay date on which the Loan by periodic Payments Trust has terminated pursuant to Section 7.1 of the Trust Agreement. On each Distribution Date prior to the Maturity Date, the Trust, acting in accordance with instructions from the Payment Schedule before the date of repayment Servicer, shall make a prepayment of the Loan. The entire Loan must be repaid by the Loan repayment date. 4.2. The first instalment of the Borrower under the Loan Agreement must be made one month after the date of disbursement principal amount of the Loan from funds available therefor in the Loan Sub-Account, such prepayment to be in an amount equal to the Borrower. A detailed Payment Schedule lesser of the outstanding principal amount of the Loan Repayment (s), Interest Payment and other periodic payments shall be provided as Annex 1 to the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of calculating the Interest, the year shall be deemed to have 360 (three hundred and sixty) calendar days and the month shall have 30 (thirty) calendar days. 4.4. Payments supposed to be made by the Borrower logging in to their User Reserve Account on the Platform, selecting the "Active loans" section and clicking the "Pay" button. The Borrower may not make Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.1. Monthly Administration Fee; 4.5.2. Interest; 4.5.3. Loan amount or part thereof, if according to the Payment Schedule it must be paid by Payment; 4.6. Liabilities of the Borrower who are in arrears (Payment) upon receipt of funds from FinoMark by the Borrower shall be included in the following order: 4.6.1. FinoMark's fines and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related Surplus with respect to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etc.Distribution Date remaining after making payments from the Excess Sub-Account in accordance with Section 3(h) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of the Loan), as well as pay the due Interest and the Monthly Administration Fee if after paying any of the violations or events specified in Clause 10.1 of the General Terms accrued and Conditions of the Loan Agreement exists in the reasoned opinion of the Operator. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's fault, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid unpaid interest on the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan AgreementSection 3(e). 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for (I) On each calendar day of defaultDistribution Date, the Borrower shall pay to the Operator the Interest on Delay in the amount specified in the fees for the services provided by the FinoMark Platform and a penalty on the amount overdue. 4.10. If the Loan repayment date expiresTrust, the Operator shall continue to calculate the Interest in the amount specified in the Special Terms and Conditions of the Loan Agreement, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan acting in accordance with the procedure established instructions from the Servicer, shall, to the extent of funds available, make, or cause to be made, the following payments to the Lender hereunder from the Loan Sub-Account: (i) Investment Earnings on funds on deposit in the Platform before Loan Sub-Account. (ii) The Reserve Account Surplus with respect to such Distribution Date remaining after payments from the due date. If Excess Sub-Account in accordance with Section 3(h), in an amount equal to any accrued and unpaid interest on the Loan is repaid earlierrequired to be paid on such Distribution Date pursuant to Section 3(e), the Borrower must additionally pay extent not previously paid. (II) On each Distribution Date, the prepayment fee provided for Trust, acting in accordance with the Fees for instructions from the Services Provided by the FinoMark PlatformServicer, as well as the Interest (calculated until the nearest instalment according shall, to the Payment Scheduleextent of funds available, make, or cause to be made, the following payments to the Lender hereunder from the Collection Account pursuant to Section 5.05(b)(viii) of the Sale and Servicing Agreement: (i) an amount equal to any accrued and unpaid interest on the Loan required to be paid on such Distribution Date pursuant to Section 3(e)(i) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Scheduleiii). 4.12. The Borrower understands (c) On the Maturity Date, the Indenture Trustee, after the payment of all amounts payable from the Reserve Account to the Securityholders, as provided in Section 5.06 of the Sale and hereby agrees that the fee for concluding the Loan Servicing Agreement, if and to the Lender, as provided for in clauses (a) and (b) above and clause (h) below, shall withdraw from the Reserve Account all amounts on deposit in the Special Terms Reserve Account and Conditions of the Loan Agreement, (A) shall be of a one-off nature and must therefore pay or cause to be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any case, including but not limited to and in the event of early repayment of Lender the Loan, notwithstanding the arrangement of this fee in the Payment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee provided for in the Special Terms and Conditions of the Loan Agreement may be deducted from the outstanding principal amount of the Loan and any accrued and unpaid interest on the Loan on such date and (B) shall pay or cause to be paid any excess of such amounts over the amount in clause (A) to the Holder of the AO Interest as provided in Section 5.06 of the Sale and Servicing Agreement. (d) On each Distribution Date, amounts paid to the BorrowerLender shall be applied by the Lender first to the payment of any accrued and unpaid interest on the Loan and second to the payment of unpaid principal of the Loan. (e) The Loan shall bear interest during each Interest Accrual Period at a rate per annum determined such that the interest payable on the Loan is equal to the sum of the following: (i) 1.00% per annum of the average unpaid principal amount of the Loan during such Interest Accrual Period, plus (ii) the Investment Earnings on funds on deposit in the Loan Sub-Account, plus (iii) LIBOR plus 2.00% (the "Lender Rate") applied to the portion, if any, of the average unpaid principal amount of the Loan during such Interest Accrual Period in excess of the average amount on deposit in the Loan Sub-Account (including the principal amount of all Eligible Investments held, but excluding Investment Earnings thereon) during such Interest Accrual Period.

Appears in 1 contract

Samples: Loan Agreement (Cit Marine Trust 1999-A)

Repayment of the Loan. 4.15.1. The Borrower shall repay the Loan and pay Interest in accordance with the order procedure specified in the Payment Repayment Schedule. The Borrower shall commence the repayment of begin repaying the Loan on the first Payment Date Repayment day, specified in the Payment Schedule Repayment Schedule, and shall repay it by the Loan by Repayment Date with periodic Payments in accordance with according to the Payment Schedule before the date of repayment of the LoanRepayment Schedule. The entire Loan must be repaid by the Loan repayment dateby the Loan Repayment Date. 4.25.2. The first instalment repayment of the Borrower under the Loan Agreement must be made one month after the date of disbursement payment of the Loan amount Amount to the Borrower. A detailed Payment Detailed Repayment Schedule of the Loan Repayment (sAmount, repayment instalment(s), Interest Payment payment and other periodic payments shall be provided as periodically paid fees are presented in Annex No. 1 to the Special Terms and ConditionsTerms. 4.35.3. The Borrower undertakes to pay to the Lenders Investor(s) the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received LoanLoan received. The Parties hereby agree that for the purpose of calculating the Interest, the year shall will be deemed considered to have 360 (three hundred and sixty) calendar days for the calculation of interest, and the month shall have has 30 (thirty) calendar days. 4.45.4. The Payments supposed to shall be made to Iban Online by debiting the Borrower logging in to their User relevant Payment amount from the Account on the Platform, selecting day specified in the "Active loans" section and clicking the "Pay" buttonRepayment Schedule. The Borrower may not undertakes to ensure the appropriate balance of funds in the Account within the terms specified in the Repayment Schedule in order to successfully make Payments in any other waywithout deviating from the Repayment Schedule. 4.55.5. The Operator shall distribute the Borrower's instalments (Payments) payments of the Borrower as follows: 5.5.1. Monthly administration fee; 5.5.2. the Interest; 5.5.3. Loan Amount or part thereof; 5.6. In case the Borrower delays any payments, the liabilities of the Borrower shall be set off when monetary funds are received from the Borrower by the Operator in the following order: 4.5.1. Monthly : First line: Fines and other charges to Iban Online due to the failure of the Borrower to fulfil its obligations; Second line: Late Interest to Investors; Third line: the Administration Fee; 4.5.2. Interest; 4.5.3. fee to the Operator; Fourth line: the amount of Interest of the Loan amount to the Investors; Fifth line: Loan Amount or part thereof, if according to the Payment Schedule it must be paid by Payment; 4.65.7. Liabilities In the cases when exaction of the Borrower who are in arrears (Payment) upon receipt of funds from FinoMark by the Borrower shall be included in the following order: 4.6.1. FinoMark's fines and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by forceforcedly, the first line of compensation deals with the costs related to such exaction incurred by the Operator (stamp duty, costs incurred by the Operator related to such recovery (stamp dutynotary public, notary, bailiffcourt, lawyer, debt exaction companies, correspondence costscosts of, the Operator’s fee, etc.) shall be reimbursed in the first place). 4.75.8. The Borrower must repay the Loan at (the request of the Operator (even if such request is made before the date of repayment remaining amount of the Loan), as well as pay the due Interest and the Monthly Administration Fee if Operator‘s fee on the Operator’s request if, in the Operator‘s reasonable opinion, there is any default any of the violations or events specified in Clause 10.1 13.1 of the General Terms and Conditions of the Loan Agreement exists in the reasoned opinion of the Operatorexist. 4.85.9. In the cases when the Operator terminates the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's faultprematurely, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration FeeOperator‘s fee, i.e. the Operator shall also acquire the right to demand claim the Interest and the Monthly Administration Fee that administration fee, which would have been be paid if had the Borrower had repaid the Loan according to the schedule of repayment of the Loan stipulated in accordance with the Payment Special Terms. 5.10. If the Borrower misses the terms of payment stipulated in the Repayment Schedule specified of the Loan, the Borrower shall pay a fine for delay from the amount the payment of which was missed as stipulated in the Special Terms and Conditions of the Loan Agreement. 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for each calendar day of defaultmissing. 5.11. If the Borrower misses the terms of payment specified in the Repayment Schedule, the Borrower shall be obliged to pay the Late interest in the amount of 1 percent of the delayed amount for each day of month‘s delay and penalty to the Operator the Interest on Delay in the amount specified the payment of which was missed as stipulated in the fees Special Terms for the services provided by the FinoMark Platform and a penalty on the amount overdueeach calendar day of missing. 4.105.12. If the Loan repayment date expireshas matured and the Loan has not been completely repaid by the Borrower, the Operator shall continue to calculate calculating the Interest in Interest, the Late interest and the fines from the unrepaid amount specified as well as other applicable fees, as stipulated in the Special Terms and Conditions of the Loan AgreementTerms, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan in accordance with the procedure established in the Platform before the due date. If the Loan is repaid earlier, the Borrower must additionally pay the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well as the Interest (calculated until the nearest instalment complete fulfillment of all the Borrower’s obligations according to the Payment Schedule) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule)Agreement. 4.125.13. The Borrower understands and hereby agrees that the fee for concluding the Loan AgreementAgreement to the Operator, if provided for in the Special Terms and Conditions of the Loan Agreement, shall be is of a one-off time nature and must therefore be paid in full in all cases, i.e. this fee shall is not be and may not be recalculated and or reduced in any case, including but not limited to and in the event of early repayment of the Loan, notwithstanding the arrangement of this fee in the Payment Repayment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee provided for in the Special Terms and Conditions of the Loan Agreement may be deducted from the amount of the Loan paid to the Borrower.

Appears in 1 contract

Samples: Loan Agreement

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Repayment of the Loan. 4.17.1. The Borrower shall repay the Loan in the order specified in the Payment Schedule. The Borrower shall commence the repayment of the Loan on the first Payment Date specified in the Payment Schedule and shall repay the Loan by periodic Payments in accordance with the Payment Schedule before the date of repayment of the Loan. The entire Loan must be repaid by the Loan repayment date. 4.2. The first instalment of the Borrower under the Loan Agreement must be made one month after the date of disbursement of the Loan amount to the Borrower. A detailed Payment Schedule of the Loan Repayment (s), Interest Payment and other periodic payments Lender shall be provided as Annex 1 entitled to the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest take any measures provided for in the Special Terms legislation and Conditions required to ensure that the Borrower executes its obligations specified in this Agreement. 7.2. Upon Final Maturity Date, the Lender may request the Borrower to repay all or any debts under this Agreement. 7.3. Extension of the term of this Agreement must be set in a written agreement of the Parties. 7.4. Repayment of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of calculating the Interestunder this Agreement, the year Interest and any other payments shall be deemed made to have 360 (three hundred and sixty) calendar days and the month shall have 30 (thirty) calendar days. 4.4. Payments supposed to be made by the Borrower logging in to their User Loan Account on the Platform, selecting the "Active loans" section and clicking the "Pay" button. The Borrower may not make Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.17.4.1. Monthly Administration Fee; 4.5.2. Interest; 4.5.3. Loan amount or The part thereof, if according to the Payment Schedule it must be paid by Payment; 4.6. Liabilities of the Borrower who are Loan in arrears the amount of US$2,233,000 (Paymenttwo million, two hundred thirty three thousand) upon dollars shall be redeemed the last date of the 18th (eighteen) period of the date of receipt of funds from FinoMark any amount of loan by the Borrower. 7.4.2. The remaining part of the Loan shall be redeemed monthly by equal parts within the third valid year of the Loan Agreement, but not later than the Final Maturity Date, unless an earlier term has been provided for by the Lender based on the provisions set out in this Agreement. Redemption of any such part of the Loan shall be effected not later than the last date of each month. 7.5. The amounts paid by the Borrower under the terms and conditions of this Agreement shall be included directed by the Lender to pay the debts in the following order: 4.6.17.5.1. FinoMark's fines and other fees for repayment of forfeit amount on the non-performance of the obligations of the BorrowerInterest; 4.6.27.5.2. Interest repayment of forfeit amount on Delay due to Lendersthe principal (the amount of utilized Loan); 4.6.37.5.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etc.) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of the Loan), as well as pay the past due Interest and the Monthly Administration Fee if any amount; 7.5.4. repayment of the violations or events specified in Clause 10.1 Interest amount; 7.5.5. repayment of the General Terms and Conditions principal amount of debt. 7.6. In the event the payment term of the Loan Agreement exists in the reasoned opinion of the Operator. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's faultand (or) accrued Interest occurs on holiday, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan Agreement. 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for each calendar day of default, then the Borrower shall pay transfer the money to repay the Operator debt the next Workday following after the holiday. In the event the Workday next after the holiday falls on the next calendar month, then the payment shall be made on a Workday preceding such payment. Such transfer of the payment terms shall be taken into account when calculating the Interest on Delay in the amount specified in the fees for the services provided by the FinoMark Platform and a penalty on the amount overdue. 4.10. If the Loan repayment date expires, the Operator shall continue to calculate the Interest in the amount specified in the Special Terms and Conditions of the Loan Agreement, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan in accordance with the procedure established in the Platform before the due date. If the Loan is repaid earlier, the Borrower must additionally pay the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well as the Interest (calculated until the nearest instalment according to the Payment Schedule) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule). 4.12. The Borrower understands and hereby agrees that the fee for concluding the Loan Agreement, if provided for in the Special Terms and Conditions of the Loan Agreement, shall be of a one-off nature and must therefore be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any case, including but not limited to and in the event of early repayment utilization of the Loan, notwithstanding i.e. the arrangement of this fee in Interest shall be calculated at the Payment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee rate provided for in this Agreement until the Special Terms date when the monies will actually enter the Lender’s account. 7.7. All payments under this Agreements in the Lender’s favor must be executed by the Borrower in a manner that ensures the Lender receives the full amount due under this Agreement, net of further taxes, charges, fees, commission and Conditions of other deductions timely, except when such taxes, charges, fees and other deductions are required by the Loan Agreement may Government on the payments made by the Borrower before such taxes, charges, fees and other deductions entered into force. 7.8. The principal debt amount shall be deducted from the amount of the Loan paid retired according to the Borrowerterms of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Transmeridian Exploration Inc)

Repayment of the Loan. 4.13.1. The Monthly Payment is a monthly instalment, transferred to the Lender's bank account, the number and frequency of which is stipulated in the Payment Schedule, and which comprises the Loan repayment amount, Loan interest, Loan Contract administration fee and other fees payable by the Borrower according to the Loan Contract. The Borrower shall repay make the Monthly Payment in accordance with the Payment Schedule. 3.2. The Lender shall consider the Monthly Payment settled at the moment of depositing of the payment into the Lender's current account indicated in the Loan Contract, if the payment reference number corresponds to the reference number indicated in the order specified in Loan Contract. 3.3. If the Borrower wants to repay full Loan amount or any part thereof prematurely, the Borrower shall send to the Lender a signed Application, indicating the repayment amount and date. If the Borrower makes early repayment of full Loan amount or any part thereof, the Borrower shall not pay the Loan Interest and other costs for the period when the Loan will not be used anymore. The Lender will inform the Borrower about the total amount of Monthly Payments, arising from the Loan Contract at the moment of repayment. 3.4. The amount overpaid without submission of the Application for early repayment shall be considered by the Lender as an advance payment and allocate the funds for covering of future Monthly Payments. The Lender will contact the Borrower to clarify the advance payment allocation purpose, when the advance payment reaches the amount of two Monthly Payments according to the Payment Schedule. The Borrower shall commence may allocate the repayment advance payment: (1) for partial covering of the Loan on principal, reducing the first Monthly Payment Date specified in the Payment Schedule and shall repay amount or the Loan by periodic Payments in accordance Contract term, concluding a respective agreement with changes; (2) return the Payment Schedule before advance payment, based on a written Application, provided that the date of repayment of advance payment is not less than the Loan. The entire Loan must be repaid by the Loan repayment date. 4.2. The first instalment of the Borrower under the Loan Agreement must be made one month after the date of disbursement of the Loan amount to the Borrower. A detailed Payment Schedule of the Loan Repayment (s), Interest Payment and other periodic payments shall be provided as Annex 1 to the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of calculating the Interest, the year shall be deemed to have 360 (three hundred and sixty) calendar days and the month shall have 30 (thirty) calendar days. 4.4. Payments supposed to be made by the Borrower logging in to their User Account on the Platform, selecting the "Active loans" section and clicking the "Pay" buttonbank commission fee. The Borrower may not make request returning of the advance payment, which is less than an amount of two Monthly Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.1. Monthly Administration Fee; 4.5.2. Interest; 4.5.3. Loan amount or part thereof, if according to the Payment Schedule it must be paid by Payment; 4.6Schedule, based on a written Application, if the advance payment is not less than the bank commission fee. Liabilities of The Lender shall refund the advance payment to the Borrower who are in arrears within 10 (Paymentten) upon receipt of funds days from FinoMark by the Borrower shall be included in the following order: 4.6.1. FinoMark's fines and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etc.) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of receiving the Loan), as well as pay the due Interest and the Monthly Administration Fee if any of the violations or events specified in Clause 10.1 of the General Terms and Conditions of the Loan Agreement exists in the reasoned opinion of the OperatorApplication. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's fault, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan Agreement. 4.93.5. If the Borrower fails to meet amount of the terms received Monthly Payment is less than specified in the Payment Schedule, the payment shall be used for each calendar day covering of defaultoutstanding amounts in the following sequence: (1) for covering of outstanding interest (both Loan Interest, and Default Interest); (2) for covering of the Loan principal; (3) for covering of the commission fee; (4) for covering of the servicing fee; (5) for covering of debt recovery costs; (6) for covering of contractual penalty. 3.6. On a basis of written Application, the Borrower shall pay to may request dividing of the Operator last Monthly Payment and receive a new Payment Schedule before expiry of the Interest on Delay in due term of the amount specified in the fees for the services provided last Monthly Payment, by the FinoMark Platform and concluding a penalty on the amount overduerespective agreement with changes. 4.103.7. If the Borrower does not make payments arising from the Loan repayment date expiresContract within the specified terms, the Operator shall continue to calculate Lender may request compensation of debt recovery costs (including for sending of warning letters/notifications) in accordance with the Interest in Price List effective at the amount specified in the Special Terms time and Conditions obligations of performance of the Ancillary Agreements to the Loan Agreement, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11Contract (if applicable). The Borrower shall reimburse to the Lender any costs incurred by the Lender in relation to requests made by the Lender if such requests have the right been made in relation to repay part non-fulfilment or all improper fulfilment of the Loan in accordance with Contract by the procedure established in the Platform before the due dateBorrower. If The Lender is entitled to withdraw from the Loan is repaid earlier, Contract unilaterally if the Borrower must additionally pay the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well as the Interest (calculated until the nearest instalment according fails to the Payment Schedule) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule). 4.12. The Borrower understands and hereby agrees that the fee for concluding fulfil the Loan Agreement, if provided for in the Special Terms and Conditions of the Loan Agreement, shall be of a one-off nature and must therefore be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any case, including but not limited to and in the event of early repayment of the Loan, notwithstanding the arrangement of this fee in the Payment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee provided for in the Special Terms and Conditions of the Loan Agreement may be deducted from the amount of the Loan paid to the BorrowerContract or fulfils it improperly.

Appears in 1 contract

Samples: General Terms and Conditions

Repayment of the Loan. 4.14.1 The fund sources for loan repayment shall include, but is not limited to, the sales revenue generated from the loan project, subsidies, depreciation and other revenues of the Borrower. In no event shall the agreement on the fund sources for loan repayment set forth herein have any effect on the obligation of the Borrower to repay the principal of and interest on the loan pursuant to this Agreement. 4.2 The Borrower shall repay the Loan principal of and interest on the loan on the maturity date set forth in Article 1.4 hereof and according to the following provision. In the event of any inconsistency between the maturity date set forth in the order specified borrowing certificate and that set forth herein, the borrowing certificate shall prevail: December 10, 0000 XXX One Hundred and Thirty Million (in words) December 10, 0000 XXX Two Hundred and Sixty Million (in words) December 10, 0000 XXX Three Hundred and Thirty Million (in words) December 10, 0000 XXX Two Hundred and Eighty Million (in words) 4.3 Without the Payment Schedulewritten consent of the Lender, the Borrower shall not make any prepayment for the loan. 4.4 If a special loan disbursement account has been opened, the Borrower hereby designates the following account as the repayment settlement account for handling the settlement of the loan repayment and transfer expenses of the loan funds. Account Name: Yingli Energy (China) Company Limited Account Number: 131080270018010008875 Bank: Bank of Communications Co., Ltd., Hebei Branch, Beianjie Sub-branch 4.5 The Borrower shall commence has o has not x opened a special repayment reserve account with the Lender. Account Name: (n/a — struck out) Account Number: (n/a — struck out) Bank: (n/a — struck out) The Borrower warrants that, prior to the repayment in full of the Loan on principal and interest, without the first Payment Date specified in Lender’s written consent, the Payment Schedule Borrower shall not change or cancel the special repayment reserve account, and shall repay the Loan by periodic Payments be in accordance with the Payment Schedule before the date of repayment following: o (n/a — struck out)% of the Loan. The entire Loan must be repaid by the Loan repayment date. 4.2. The first instalment cash flow revenue of the Borrower under the Loan Agreement must be made one month after the date of disbursement of the Loan amount to the Borrower. A detailed Payment Schedule of the Loan Repayment (s), Interest Payment and other periodic payments fixed assets investment project shall be provided as Annex 1 to deposited into the Special Terms and Conditions. 4.3. The Borrower undertakes to pay to the Lenders the amount of Interest provided for in the Special Terms and Conditions of the Loan Agreement for the use of the received Loan. The Parties hereby agree that for the purpose of calculating the Interest, the year shall be deemed to have 360 (three hundred and sixty) calendar days and the month shall have 30 (thirty) calendar days. 4.4. Payments supposed to be made by the Borrower logging in to their User Account on the Platform, selecting the "Active loans" section and clicking the "Pay" button. The Borrower may not make Payments in any other way. 4.5. The Operator shall distribute the Borrower's instalments (Payments) in the following order: 4.5.1. Monthly Administration Feeaforementioned account; 4.5.2. Interest; 4.5.3. Loan amount or part thereof, if according to the Payment Schedule it must be paid by Payment; 4.6. Liabilities of the Borrower who are in arrears (Payment) upon receipt of funds from FinoMark by the Borrower shall be included in the following order: 4.6.1. FinoMark's fines and other fees for the non-performance of the obligations of the Borrower; 4.6.2. Interest on Delay due to Lenders; 4.6.3. Monthly administration fee belonging to FinoMark; 4.6.4. Interest due to Lenders; 4.6.5. Loan amount, if according to the Payment schedule it must be paid by Payment; 4.6.6. In cases where the recovery of obligations has been transferred by force, the costs incurred by the Operator related to such recovery (stamp duty, notary, bailiff, lawyer, correspondence costs, etc.) shall be reimbursed in the first place. 4.7. The Borrower must repay the Loan at the request of the Operator (even if such request is made before the date of repayment of the Loan), as well as pay the due Interest and the Monthly Administration Fee if any of the violations or events specified in Clause 10.1 of the General Terms and Conditions of the Loan Agreement exists in the reasoned opinion of the Operator. 4.8. In cases when the Agreement is terminated prematurely at the initiative of the Operator due to the Borrower's fault, the Borrower undertakes to pay all Interest due under the Agreement and the Monthly Administration Fee, i.e. the Operator shall also acquire the right to demand the Interest and the Monthly Administration Fee that would have been paid if the Borrower had repaid the Loan in accordance with the Payment Schedule specified in the Special Terms and Conditions of the Loan Agreement. 4.9. If the Borrower fails to meet the terms specified in the Payment Schedule, for each calendar day of default, the Borrower shall pay to the Operator the Interest on Delay in the amount specified in the fees for the services provided by the FinoMark Platform and a penalty on the amount overdue. 4.10. If the Loan repayment date expires, the Operator shall continue to calculate the Interest in the amount specified in the Special Terms and Conditions of the Loan Agreement, as well as the Interest and the penalty for the Operator in the fees provided by the FinoMark Platform. 4.11. The Borrower shall have the right to repay part or all of the Loan in accordance with the procedure established in the Platform before the due date. If the Loan is repaid earlier, the Borrower must additionally pay the prepayment fee provided for in the Fees for the Services Provided by the FinoMark Platform, as well as the Interest (calculated until the nearest instalment according to the Payment Schedule) and the Monthly Administration Fee (calculated until the nearest instalment according to the Payment Schedule). 4.12. The Borrower understands and hereby agrees that the fee for concluding the Loan Agreement, if provided for in the Special Terms and Conditions of the Loan Agreement, shall be of a one-off nature and must therefore be paid in full in all cases, i.e. this fee shall not be and may not be recalculated and reduced in any case, including but not limited to and in the event of early repayment of the Loan, notwithstanding the arrangement of this fee in the Payment Schedule. The Borrower is informed and hereby agrees that the agreement conclusion fee provided for in the Special Terms and Conditions of the Loan Agreement may be deducted from the amount of the Loan paid to the Borrower.

Appears in 1 contract

Samples: Fixed Assets Loan Agreement (Yingli Green Energy Holding Co LTD)

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