Repayment of the Loan. 3.1. The loan shall be repaid by paying the entire principal of the loan and all interests, fees, expenses and other amounts payable. The loan shall be repaid in equal monthly repayment installments in an amount and on a maturity date fixed in the repayment scheme being Annex № 1 to this Loan Agreement. 3.2. In case of Borrower’s failure to fulfil the obligation to repay the loan, the Borrower shall owe the Creditor the statutory interest, the fees, expenses, etc. within the time periods and under the conditions of this agreement, the General Conditions applicable thereto and the valid Tariff of the Creditor. 3.3. In case the Borrower shall fail to ensure and present reliable guarantors in timely manner, including if any of the specified guarantors shall fail to give their consent pursuant to this agreement and the general conditions thereto, or if the Borrower shall fail to provide the Creditor with due Bank guarantee in timely manner, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity of the guarantee, bank guarantee or collateral shall be anyhow terminated, the Borrower shall owe the Creditor a penalty in total amount of BGN [●] The penalty shall be charged on monthly basis as from the expiration of the time period for provision of such collateral. Penalty shall be due only for periods during which the loan has not been secured. To this end, if the Borrower shall provide due collateral of the loan, even after the expiration of the time period for provision thereof, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from the date of termination of the collateral’s effect. If the time period for which a penalty has been charged shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together with the next repayment installment of the loan, according to the agreed repayment scheme. The Borrower shall pay the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and the repayment scheme thereto. Such fee is in the amount as set out in the Creditor’s tariff applicable as at the date of the delay. The fee under this paragraph shall be used to cover the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement (including but not limited to phone calls, reminder letters, attorney’s fees, etc.) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Samples: Loan Agreement
Repayment of the Loan. 3.1. (A) The loan shall be repaid by paying the entire principal of borrower undertakes to repay the loan and all intereststhe obligations in full by the final repayment date which may change subject to the terms and conditions herein.
(B) Subject to paragraph (d) below, fees, expenses the borrower undertakes to pay monthly instalment with a minimum amount of OMR which shall be made up of the interest owing and other amounts payablethe capital repayment (the “repayment instalment”) which shall be applied at the absolute discretion of the bank. The loan borrower hereby authorizes the bank to debit the repayment instalment from the Salary account of the borrower.
(C) The bank shall debit the repayment instalment for the Salary account on the payment date (or if such day is a non-business day, on the next following business day). Notwithstanding this, if for any reason the bank fails to debit the Salary account on the payment date the obligation of the borrower to make such payments shall not be affected. Shall the amount debited by the bank be incorrect due to fault of the bank, the bank shall be repaid responsible for the rectification of the of the fault and for the payment of any amounts owed.
(D) subsequent to informing the borrower in equal monthly accordance with clause 15(e) and without prejudice to the bank’s rights, the bank has the right at any time and for any reason to vary the repayment installments in an amount and on a maturity date fixed instalment. Such variation may occur in the repayment scheme being Annex № 1 following circumstances, for example and not limited to:
i. Additional fees are incurred which are added to this Loan Agreementthe amount of the loan;
ii. There is a change in the interest rate;
iii. In the case there is a change in the anticipated payment stages;
iv. There is a prepayment, or
v. Penalty interest accurse in accordance with the provisions of clause 11 (h).
3.2vi. In the case there is a change in number of Borrowerinstalments/loan tenure In such circumstances the bank shall, by way of sms to the borrower’s failure registered mobile number and/or e-mail to fulfil the obligation borrower’s registered e-mail address, provide prior written noticeof such change to repay the loan, borrower and the Borrower shall owe borrower undertakes to pay a revised payment instalment. Shall the Creditor variation of the statutory interest, repayment instalment terms be unacceptable to the fees, expenses, etc. within the time periods borrower and under the conditions of are not foreseen in this agreement, the General Conditions applicable thereto borrower shall have the right to exit the agreement without penalty.
(E) The borrower’s accounts shall be considered as being complementary to each and the valid Tariff bank shall have the right to make deductions of the Creditorborrower in settlement of the loan due from him.
3.3. In case (F) Should the Borrower borrower become entitled to cover money from either the property insurance or the life insurance then the bank shall fail be entitled to ensure collect the whole value of such funds and present reliable guarantors in timely manner, including if any use it to pay the balance of the specified guarantors shall fail loan or other obligations. يئاهنلا دادسلا خيرات لولحب لماكلاب تامازتللااو ضرقلا دادسب ضرتقملا دهعتي [أ] .ةيقافتلاا هذه يف ةدراولا ماكحلأاو طورشلل اقفو ريغتي دق يذلا غلبمب ةيرهش طاسقأ دادسب هاندأ (د) ةرقفلا ụجومب ضرتقملا دهعتي [ب] لاماش دادسلا نوكي نأ ىلع ىندأ دحك ينامع لاير ىلع (” دادسلا طسق « ـب دعب اميف هيلإ راشيو) يلصلأا غلبملاو ةقحتسملا ةدئافلا ضرتقملا ضوفي اذهبو .كنبلل ةقلطملا ةيريدقتلا ةطلسلل اقفو كلذ قيبطت متي نأ .ụتارلا باسح نم دادسلا طسق مصخب كنبلا ناك اذإ وأ) ةدئافلا دادس خيرات يف ụتارلا باسح نم دادسلا طسق مصخ كنبلل قحي [ج] مغرلابو ،(يلاتلا لمعلا موي يف دادسلا طسق مصخ متي لمع مويب سيل مويلا كلذ نم دادسلا طسق مصخ يف بابسلأا نم ụبس يلأ كنبلا لشف اذإ ،هلاعأ درو امم كلذ نإف ،حيحص ريغ موصخملا غلبملا ناك وأ ةدئافلا دادس خيرات يف ụتارلا باسح يذلا غلبملا ناك اذإو .غلابملا كلت دادسب ضرتقملا تامازتلا ىلع اقلطم رثؤي نل نع لاوؤسم كنبلا نوكيسف ،كنبلا ụناج نم ريصقت ụبسب حيحص ريغ كنبلا همصخي .ةقحتسم غلابم يأ عفدو أطخلا حيحصت دادسلا طيسقت رييغتب بابسلأا نم ụبس يلأو تقو يأ يف قحلاب كنبلا عتمتي [د] .كنبلا قوقحب ساسملا نودو (ـه) 15 دنبلا عم قفاوتي امب ضرتقملا غلابإ ụقع :-رصحلا لا- لاثملا ليبس ىلع ،ةيلاتلا فورظلا يف رييغتلا اذه ثدحي دقو ضرقلا غلبمل لجعم دادس كانه نوكي نأ – 4 (ح) 11 دنبلا ماكحلأ اقفو ريخأت ةمارغ قاقحتسا – 5 ضرقلا ةدم/طاسقلأا ددع يف ليدعت أرطي نأ - 6 قيرط نع اقبسم ايباتك اراعشإ ضرتقملا حنم كنبلا ىلع لاوحلأا كلت يف ụجيو ديرب وأ / و ضرتقملا ىدل لجسملا لومحملا فتاهلا مقر ىلإ ةريصق ةيصن ةلاسر ليدعتلا كلذب ديفي ضرتقملا ىدل لجسملا ينورتكللإا ديربلا ناونع ىلإ ينورتكلإ .لدعملا طسقلا دادسب ضرتقملا دهعتيو ةلاح يف تامارغ ضرف نود ةيقافتلاا نم باحسنلاا يف قحلا ضرتقملل نوكيس .ةيقافتلاا هذه يف هيلع صوصنم ريغ ناكو هل دادسلا طسق طورش رييغت لوبق مدع ادادس نوبزلا تاباسح نم ةصاقملا كنبلل قحيو اهضعب ةلمكم نوبزلا تاباسح ربتعت – ـه .هيلع قحتسملا ضرقلل ضرقلا ديصر دادسل اهمادختساو ةيلاملا غلابملا لماك ليصحتل اقحتسم كنبلا حبصي – و ụجومب امإ ةيلام غلابم دادرتسلا ضرتقملا قاقحتسا ةلاح يف ىرخلأا تامازتللاا وأ .ةايحلا ىلع نيمأتلا ةقيثو وأ راقعلا ىلع نيمأتلا ةقيثو
(G) The borrower agrees to give their consent pursuant to this agreement and maintain a sufficient balance in the general conditions thereto, or if Salary account for the Borrower shall fail to provide the Creditor with due Bank guarantee in timely manner, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity payment of the guaranteerepayment instalment. Should for any reason, bank guarantee wither or collateral not this is the fault of the borrower, the Salary account have insufficient funds to satisfy the repayment instalment then the amount available in the borrower’s Salary account shall be anyhow terminateddebited and credited to the loan account and any shortfall (the “repayment shortfall”) shall be debited to a separate account which shall be opened and called to the overdue loan account (the “overdue loan account”). At any time that the borrower’s salary account has a positive balance, the Borrower borrower hereby authorizes the bank to debit the Salary account for any available amount which the bank may then credit to the overdue loan account to satisfy the obligations of the borrower owning the bank.
(H) The borrower shall owe pay penalty interest (“overdue interest”) at the Creditor a penalty in total amount rate of BGN [●] % plus 1% (one per cent) per annum on the balance of the overdue loan account (“overdue interest”). The penalty bank’s overdue interest shall be charged on monthly basis calculated in accordance with the bank’s normal practices as from specified in the expiration tariff book. Where the overdue interest remains to be unpaid at the end of a month, the time period for provision of such collateral. Penalty overdue interest shall be due only for periods during which the loan has not been secured. To this end, if the Borrower shall provide due collateral of the loan, even after the expiration of the time period for provision thereof, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from the date of termination of the collateral’s effect. If the time period for which a penalty has been charged shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together with added to the next repayment installment instalment to be paid on the next payment date by the borrower.
(I) If the bank so requested, the borrower shall provide the bank with a sufficient number of post-dated cheques to be drawn on an account with a local bank other than the loanbank, according which the bank may cash in order to the agreed repayment scheme. The Borrower shall pay the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and satisfy the repayment scheme thereto. Such fee is in the amount instalment as set out in the Creditor’s tariff applicable as at the date of the delay. The fee under this paragraph shall be used to cover the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement (including but not limited to phone calls, reminder letters, attorney’s fees, etcthey become due.) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Samples: Real Estate Loan Agreement
Repayment of the Loan. 3.1(A) The borrower undertakes to repay the loan and the obligations in full by the final repayment date which may change subject to the terms and conditions herein.
(B) Subject to paragraph (d) below, the borrower undertakes to pay monthly instalment with a minimum amount of OMR which shall be made up of the interest owing and the capital repayment (the ”Repayment Instalment“) which shall be applied at the absolute discretion of the Bank. The loan borrower hereby authorizes the bank to debit the Repayment Instalment from the Salary account of the Borrower.
(C) The bank shall debit the Repayment Instalment from the Borrower’s Account on the payment date (or if such day is a non- business day, on the next following business day). Notwithstanding this, if for any reason the bank fails to debit the Salary Account on the payment date the obligation of the Borrower to make such payments shall not be affected. Shall the amount debited by the Bank be incorrect due to fault of the Bank, the Bank shall be repaid responsible for the rectification of the of the fault and for the payment of any amounts owed.
(D) Subsequent to informing the borrower in accordance with Clause 15(E) and without prejudice to the Bank’s rights, The Bank has the right at any time and for any reason to vary the repayment instalment. Such variation may occur in the following circumstances, for example and not limited to:
i. Additional fees are incurred which are added to the amount of the loan;
ii. There is a change in the interest rate;
iii. In the case there is a change in the anticipated payment stages;
iv. There is a prepayment, or
v. Penalty interest accurse in accordance with the provisions of Clause 11 (h).
vi. IN THE CASE THERE IS A CHANGE IN NUMBER OF INSTALLMENTS/ LOAN TENURE In such circumstances the Bank shall, by paying way of SMS to the entire principal Borrower’s registered mobile number and/or e-mail to the Borrower’s registered e-mail address, provide prior written notice of such change to the borrower and the Borrower undertakes to pay a revised Payment Instalment. طورش يف حضوملا دادسلا لودجل اقفو لواقملل ةرشابم ضرقلا غلابم فرص متيس -ị حبصي ذئدنع عازنلا كلذ ءوشن خيرات نم اموي (30) للاخ يف عازن أشن ام ىتمو ءانبلا دقع عفدلا ụجاو ضرقلا غلبم حبصيو لواقملل دادسلاب لاوحلأا نم لاح يأب مزلم ريغ كنبلا .اروف غلبمب ةيرهش طاسقأ دادسب ضرتقملا دهعتي ،هاندأ (د) ةرقفلا ụجومب – ị لاماش دادسلا نوكي نأ ىلع ىندأ دحك ينامع لاير ىلع (“ دادسلا طسق “ ـب دعب اميف هيلإ راشيو) يلصلأا غلبملاو ةقحتسملا ةدئافلا ضرتقملا ضوفي اذهبو .كنبلل ةقلطملا ةيريدقتلا ةطلسلل اقفو كلذ قيبطت متي نأ .ụتارلا ịاسح نم دادسلا طسق مصخب كنبلا اذإ وأ) ةدئافلا دادس خيرات يف ụتارلا ịاسح نم دادسلا طسق مصخ كنبلل قحي – ج مغرلابو ،(يلاتلا لمعلا موي يف دادسلا طسق مصخ متي ،ةلطع موي مويلا كلذ ناك نم دادسلا طسق مصخ يف ịابسلأا نم ụبس يلأ كنبلا لشف اذإ ،هلاعأ درو امم كلذ نإف ،حيحص ريغ موصخملا غلبملا ناك وأ ةدئافلا دادس خيرات يف ụتارلا ịاسح يذلا غلبملا ناك اذإو .غلابملا كلت دادسب ضرتقملا تامازتلا ىلع اقلطم رثؤي نل نع لاوؤسم كنبلا نوكيسف ،كنبلا ụناج نم ريصقت ụبسب حيحص ريغ كنبلا همصخي .ةقحتسم غلابم يأ عفدو أطخلا حيحصت .ضرقلا غلبم ىلا فاضت ةيفاضإ موسر دبكت –1 ةلاسر قيرط نع اقبسم ايباتك اراعشإ ضرتقملا حنم كنبلا ىلع لاوحلأا كلت يف ụجيو ينورتكلإ ديرب وأ / و ضرتقملا ىدل لجسملا لومحملا فتاهلا مقر ىلإ ةريصق ةيصن ضرتقملا دهعتيو ليدعتلا كلذب ديفي ضرتقملا ىدل لجسملا ينورتكللإا ديربلا ناونع ىلإ .لدعملا طسقلا دادسب Shall the variation of the Repayment Instalment terms be unacceptable to the Borrower and are not foreseen in this agreement, the borrower shall have the right to exit the Agreement without penalty.
(E) The Borrower’s accounts shall be considered as being complementary to each and the Bank shall have the right to make deductions of the Borrower in settlement of the loan due from him.
(F) Should the Borrower become entitled to cover money from either the property insurance or the life insurance then the bank shall be entitled to collect the whole value of such funds and all interestsuse it to pay the balance of the loan or other obligations.
(G) The Borrower agrees to maintain a sufficient balance in the Salary account for the payment of the repayment instalment. Should for any reason, feeswhether or not this is the fault of the borrower, expenses the Salary account have insufficient funds to satisfy the repayment instalment then the amount available in the Borrower’s Salary account shall be debited and other amounts payablecredited to the loan account and any shortfall (the ”repayment shortfall“) shall be debited to a separate account which shall be opened and called to the overdue loan ACCOUNT (the ”Over Due Loan Account“). At any time that the Borrower’s Salary account has a positive balance, the Borrower hereby authorizes the Bank to debit the Salary account for any available amount which the Bank may then credit to the Overdue Loan Account to satisfy the obligations of the Borrower owning the Bank.
(H) The Borrower shall pay penalty interest (”overdue interest“) at the rate OF % plus 1% (one per cent) per annum on the balance of the overdue loan account (”overdue interest“). The loan Bank’s Overdue interest shall be repaid calculated in equal monthly repayment installments in an amount and on a maturity date fixed accordance with the Bank’s normal practices as specified in the Tariff Book. Where the Overdue Interest remains to be unpaid at the end of a month, the Overdue INTEREST SHALL be added to the next repayment scheme being Annex № 1 instalment to this Loan Agreementbe paid on the next payment date by the Borrower.
3.2. In case of Borrower’s failure to fulfil (I) If the obligation to repay the loanbank so requested, the Borrower shall owe the Creditor the statutory interest, the fees, expenses, etc. within the time periods and under the conditions of this agreement, the General Conditions applicable thereto and the valid Tariff of the Creditor.
3.3. In case the Borrower shall fail to ensure and present reliable guarantors in timely manner, including if any of the specified guarantors shall fail to give their consent pursuant to this agreement and the general conditions thereto, or if the Borrower shall fail to provide the Creditor Bank with due Bank guarantee in timely mannera sufficient number of post-dated cheques to be drawn on an account with a local bank other than the Bank, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity of the guarantee, bank guarantee or collateral shall be anyhow terminated, the Borrower shall owe the Creditor a penalty in total amount of BGN [●] The penalty shall be charged on monthly basis as from the expiration of the time period for provision of such collateral. Penalty shall be due only for periods during which the loan has not been secured. To this end, if the Borrower shall provide due collateral of the loan, even after the expiration of the time period for provision thereof, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from the date of termination of the collateral’s effect. If the time period for which a penalty has been charged shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis Bank may cash in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together with the next repayment installment of the loan, according order to the agreed repayment scheme. The Borrower shall pay the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and satisfy the repayment scheme thereto. Such fee is in the amount instalment as set out in the Creditor’s tariff applicable as at the date of the delay. The fee under this paragraph shall be used to cover the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement (including but not limited to phone calls, reminder letters, attorney’s fees, etcthey become due.) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Samples: Real Estate Loan Agreement
Repayment of the Loan. 3.1. Article 17 The loan shall be repaid by paying Borrower may repay the entire principal of the loan and all interestsLoan hereunder in one or more installments in the original currency within the Term set forth herein; provided, feeshowever, expenses and other amounts payablethat the Borrower shall repay the Loan in its entirety prior to the last bank business day (inclusive) of the Term. The loan portion of the Loan that has been repaid hereunder may be utilized in a recycling manner. The Borrower shall be repaid in equal monthly repayment installments in an amount and on submit to the Lender a maturity date fixed drawdown notice in the repayment scheme being Annex № 1 form of Exhibit I hereto and the relevant documents and materials required by the Lender in advance pursuant to this Chapter 3 hereof, and may utilize the Loan Agreementin a recycling manner upon the Lender’s examination and approval. The Borrower shall repay the recycled Loan in its entirety prior to the last bank business day (inclusive) of the Term.
3.2. In case Article 18 The Borrower hereby authorizes the Lender to transfer promptly by itself or through the Agent the export settlement funds of Borrower’s failure the Borrower to fulfil the obligation Designated Account for repayment of the Loan; provided, however, that if the amount of such funds is not enough to repay the loancurrent principal, the Borrower shall owe have the Creditor obligation to make such payment from its own funds.
Article 19 The Borrower shall be permitted to utilize the statutory interestLoan in a recycling matter with a utilization term not less than three (3) months. If the Borrower makes any prepayment prior to the expiration of such utilization term, it shall submit an application in writing to the feesLender ten (10) business days in advance and obtain the consent from the Lender. The Lender shall have the right to require the Borrower to pay a commitment fee for such prepayment. The calculation formula for the loan commitment fee in Renminbi shall be as follows: Commitment Fee=Amount of Prepayment×Days of Prepayment×0.05‰. The calculation formula for the loan commitment fee in foreign exchange shall be as follows: Commitment Fee=Amount of Prepayment×Days of Prepayment×1%/360. In the event that the Borrower fails to pay the commitment fee promptly as required by the Lender, expenses, etc. within it shall pay a penalty in accordance with the time periods and under relevant formula.
Article 20 In the conditions of this agreement, event that the General Conditions applicable thereto and the valid Tariff Borrower applies for an extension of the Creditor.
3.3. In case the Borrower shall fail to ensure and present reliable guarantors in timely manner, including if any of the specified guarantors shall fail to give their consent pursuant to this agreement and the general conditions thereto, or if the Borrower shall fail to provide the Creditor with due Bank guarantee in timely manner, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity of the guarantee, bank guarantee or collateral shall be anyhow terminatedLoan, the Borrower shall owe submit to the Creditor Lender a penalty in total amount of BGN [●] The penalty shall be charged on monthly basis as from written application for such extension and the expiration relevant materials (including, but not limited to, the written confirmation of the time period guarantor for provision the extension of such collateralthe Loan) at least thirty (30) business days prior to the maturity date of the Loan. Penalty shall be due only for periods during which Upon examination and approval by the loan has not been secured. To this endLender, if the Borrower shall provide due collateral of enter into an extension agreement for the loan, even after the expiration of the time period for provision thereof, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from the date of termination of the collateral’s effect. If the time period for which a penalty has been charged shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together Loan with the next repayment installment of the loan, according to the agreed repayment scheme. Lender separately.
Article 21 The Borrower shall pay complete the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and the repayment scheme thereto. Such fee is in the amount as set out in the Creditor’s tariff applicable as at the date relevant sections of the delay. The fee under this paragraph shall be used to cover remittance certificate for repayment as required by the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement Lender (including including, but not limited to phone callsto, reminder letters, attorney’s fees, etcthe contract number of this Contract).) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Samples: Loan Agreement (Yingli Green Energy Holding Co LTD)
Repayment of the Loan. 3.1The Borrower shall repay to the Lender in equal installments of $25,000,000 (or such lesser amount as remains outstanding on the unpaid principal balance and accrued and unpaid interest at such time) on each of September 10, 2020, December 10, 2020 and March 10, 2021. The loan installment shall be repaid by paying the entire first applied to outstanding fees, costs and/or expenses due under this Agreement; second, to accrued and unpaid interest: and (iii) finally, to unpaid principal. The outstanding unpaid principal balance of the loan Loan and all interests, fees, expenses accrued and other amounts payable. The loan shall be repaid in equal monthly repayment installments in an amount and unpaid interest on a maturity date fixed in the repayment scheme being Annex № 1 to this Loan Agreement.
3.2. In case of Borrower’s failure to fulfil the obligation to repay the loan, the Borrower shall owe the Creditor the statutory interest, the fees, expenses, etc. within the time periods and under the conditions of this agreement, the General Conditions applicable thereto and the valid Tariff of the Creditor.
3.3. In case the Borrower shall fail to ensure and present reliable guarantors in timely manner, including if any of the specified guarantors shall fail to give their consent pursuant to this agreement and the general conditions thereto, or if the Borrower shall fail to provide the Creditor with due Bank guarantee in timely manner, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity of the guarantee, bank guarantee or collateral shall be anyhow terminated, the Borrower shall owe the Creditor a penalty in total amount of BGN [●] The penalty shall be charged on monthly basis as from the expiration of the time period for provision of such collateral. Penalty shall be due only for periods during which and payable on the loan has Scheduled Maturity Date. If all of the outstanding principal balance of the Loan and accrued interest on the Loan are fully repaid on any date, this Agreement shall terminate as of such date. Borrower may provide written notice (an “Extension Notice”) to the Lender not been securedless than fifteen (15) Business Days prior to the Scheduled Maturity Date of the upcoming Scheduled Maturity Date, and, subject to lender’s confirmation of receipt of such notice, such Scheduled Maturity Date shall be extended by one additional calendar year, unless the Lender shall, in its sole and absolute discretion, have delivered written notice declining such Extension Notice not less than ten (10) Business Days prior to the Scheduled Maturity Date. To this end, if If the Borrower fails to provide such Extension Notice (or fails to provide it not less than fifteen (15) Business Days prior to the Scheduled Maturity Date), then the Lender shall provide due collateral of have the loan, even right to deliver a written notice declining any further extension (a “Non-Renewal Notice”) at any time prior to thirty (30) calendar days after the expiration Scheduled Maturity Date, and effective upon the delivery of such Non-Renewal Notice, (i) if delivered prior to the time period for provision thereofScheduled Maturity Date, then no extension shall occur on the Scheduled Maturity Date and the Scheduled Maturity Date shall constitute the Final Maturity Date, or (ii) if delivered after the applicable Scheduled Maturity Date, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from date occurring two Business Days following the date of termination of such Non-Renewal Notice shall constitute the collateral’s effectFinal Maturity Date. If no Extension Notice or Non-Renewal Notice is delivered, the time period for which a penalty has been charged Scheduled Maturity Date shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together with the next repayment installment of the loan, according extended by one additional calendar year to the agreed repayment scheme. The Borrower shall pay the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and the repayment scheme thereto. Such fee is in the amount as set out in the Creditor’s tariff applicable as at the date of the delay. The fee under this paragraph shall be used to cover the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement (including but not limited to phone calls, reminder letters, attorney’s fees, etcFinal Maturity Date.) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Repayment of the Loan. 3.1. Article 16 The loan shall be repaid by paying Borrower may repay the entire principal of the loan and all interestsLoan hereunder in one or more installments in the original currency within the Term set forth herein; provided, feeshowever, expenses and other amounts payablethat the Borrower shall repay the Loan in its entirety prior to the last bank business day (inclusive) of the Term. The loan portion of the Loan that has been repaid hereunder may be utilized in a recycling manner. The Borrower shall submit to the Lender a drawdown notice in the form of Exhibit I hereto and the relevant documents and materials required by the Lender in advance pursuant to Chapter 3 hereof, and may utilize the Loan in a recycling manner upon the Lender’s examination and approval. The Borrower shall repay the recycled Loan in its entirety prior to the last bank business day (inclusive) of the Term.
Article 17 The Borrower hereby authorizes the Lender to transfer promptly the export settlement funds of the Borrower to the Designated Account for repayment of the Loan.
Article 18 The Borrower shall be repaid permitted to utilize the Loan in equal monthly repayment installments a recycling matter with a utilization term not less than three (3) months. If the Borrower makes any prepayment prior to the expiration of such utilization term, it shall submit an application in an amount writing to the Lender ten (10) business days in advance and on obtain the consent from the Lender. The Lender shall have the right to require the Borrower to pay a maturity date fixed commitment fee for such prepayment. The calculation formula for the loan commitment fee in Renminbi shall be as follows: Commitment Fee=Amount of Prepayment×Days of Prepayment×0.05‰. The calculation formula for the repayment scheme being Annex № 1 loan commitment fee in foreign exchange shall be as follows: Commitment Fee=Amount of Prepayment×Days of Prepayment×1%/360. In the event that the Borrower fails to this Loan Agreementpay the commitment fee promptly as required by the Lender, it shall pay a penalty in accordance with the relevant formula.
3.2. Article 19 In case the event that the Borrower applies for an extension of Borrower’s failure to fulfil the obligation to repay the loanLoan, the Borrower shall owe submit a written application for such extension and the Creditor the statutory interestrelevant materials (including, but not limited to, the fees, expenses, etc. within the time periods and under the conditions of this agreement, the General Conditions applicable thereto and the valid Tariff written confirmation of the Creditor.
3.3. In case guarantor for the Borrower shall fail to ensure and present reliable guarantors in timely manner, including if any extension of the specified guarantors shall fail Loan) at least thirty (30) business days prior to give their consent pursuant to this agreement and the general conditions thereto, or if the Borrower shall fail to provide the Creditor with due Bank guarantee in timely manner, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity maturity date of the guarantee, bank guarantee or collateral shall be anyhow terminatedLoan. Upon examination and approval by the Lender, the Borrower shall owe enter into an extension agreement for the Creditor a penalty in total amount of BGN [●] The penalty shall be charged on monthly basis as from the expiration of the time period for provision of such collateral. Penalty shall be due only for periods during which the loan has not been secured. To this end, if the Borrower shall provide due collateral of the loan, even after the expiration of the time period for provision thereof, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from the date of termination of the collateral’s effect. If the time period for which a penalty has been charged shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together Loan with the next repayment installment of the loan, according to the agreed repayment scheme. Lender separately.
Article 20 The Borrower shall pay complete the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and the repayment scheme thereto. Such fee is in the amount as set out in the Creditor’s tariff applicable as at the date relevant sections of the delay. The fee under this paragraph shall be used to cover remittance certificate for repayment as required by the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement Lender (including including, but not limited to phone callsto, reminder letters, attorney’s fees, etcthe contract number of this Contract).) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Repayment of the Loan. 3.1. The loan shall be repaid by paying Subject to the entire principal of the loan terms and all interests, fees, expenses and other amounts payable. The loan shall be repaid in equal monthly repayment installments in an amount and on a maturity date fixed conditions set forth in the repayment scheme being Annex № 1 to this Loan Subordination Agreement and the Senior Credit Agreement.
3.2. In case of Borrower’s failure to fulfil the obligation to repay the loan, the Borrower shall owe repay to the Creditor Lender in equal installments of $25,000,000 (or such lesser amount as remains outstanding on the statutory interestunpaid principal balance and accrued and unpaid interest at such time) on each of September 10, the 2020, December 10, 2020 and March 10, 2021. The installment shall be first applied to outstanding fees, expensescosts and/or expenses due under this Agreement; second, etcto accrued and unpaid interest: and (iii) finally, to unpaid principal. within the time periods and under the conditions of this agreement, the General Conditions applicable thereto and the valid Tariff The outstanding unpaid principal balance of the Creditor.
3.3. In case Loan and all accrued and unpaid interest on the Borrower shall fail to ensure and present reliable guarantors in timely manner, including if any of the specified guarantors shall fail to give their consent pursuant to this agreement and the general conditions thereto, or if the Borrower shall fail to provide the Creditor with due Bank guarantee in timely manner, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity of the guarantee, bank guarantee or collateral shall be anyhow terminated, the Borrower shall owe the Creditor a penalty in total amount of BGN [●] The penalty shall be charged on monthly basis as from the expiration of the time period for provision of such collateral. Penalty Loan shall be due only for periods during which and payable on the loan has Scheduled Maturity Date. If all of the outstanding principal balance of the Loan and accrued interest on the Loan are fully repaid on any date, this Agreement shall terminate as of such date. Borrower may provide written notice (an “Extension Notice”) to the Lender not been securedless than fifteen (15) Business Days prior to the Scheduled Maturity Date of the upcoming Scheduled Maturity Date, and, subject to lender’s confirmation of receipt of such notice, such Scheduled Maturity Date shall be extended by one additional calendar year, unless the Lender shall, in its sole and absolute discretion, have delivered written notice declining such Extension Notice not less than ten (10) Business Days prior to the Scheduled Maturity Date. To this end, if If the Borrower fails to provide such Extension Notice (or fails to provide it not less than fifteen (15) Business Days prior to the Scheduled Maturity Date), then the Lender shall provide due collateral of have the loan, even right to deliver a written notice declining any further extension (a “Non-Renewal Notice”) at any time prior to thirty (30) calendar days after the expiration Scheduled Maturity Date, and effective upon the delivery of such Non-Renewal Notice, (i) if delivered prior to the time period for provision thereofScheduled Maturity Date, then no extension shall occur on the Scheduled Maturity Date and the Scheduled Maturity Date shall constitute the Final Maturity Date, or (ii) if delivered after the applicable Scheduled Maturity Date, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from date occurring two Business Days following the date of termination of such Non-Renewal Notice shall constitute the collateral’s effectFinal Maturity Date. If no Extension Notice or Non-Renewal Notice is delivered, the time period for which a penalty has been charged Scheduled Maturity Date shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together with the next repayment installment of the loan, according extended by one additional calendar year to the agreed repayment scheme. The Borrower shall pay the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and the repayment scheme thereto. Such fee is in the amount as set out in the Creditor’s tariff applicable as at the date of the delay. The fee under this paragraph shall be used to cover the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement (including but not limited to phone calls, reminder letters, attorney’s fees, etcFinal Maturity Date.) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Repayment of the Loan. 3.1. Article 16 The loan shall be repaid by paying Borrower may repay the entire principal of the loan and all interestsLoan hereunder in one or more installments in the original currency within the Term set forth herein; provided, feeshowever, expenses and other amounts payablethat the Borrower shall repay the Loan in its entirety prior to the last bank business day (inclusive) of the Term. The loan portion of the Loan that has been repaid hereunder may be utilized in a recycling manner. The Borrower shall submit to the Lender a drawdown notice in the form of Exhibit I hereto and the relevant documents and materials required by the Lender in advance pursuant to Chapter 3 hereof, and may utilize the Loan in a recycling manner upon the Lender’s examination and approval. The Borrower shall repay the recycled Loan in its entirety prior to the last bank business day (inclusive) of the Term.
Article 17 The Borrower hereby authorizes the Lender to transfer promptly the export settlement funds of the Borrower to the Designated Account for repayment of the Loan.
Article 18 The Borrower shall be repaid permitted to utilize the Loan in equal monthly repayment installments a recycling matter with a utilization term not less than three (3) months. If the Borrower makes any prepayment prior to the expiration of such utilization term, it shall submit an application in an amount writing to the Lender ten (10) business days in advance and on obtain the consent from the Lender. The Lender shall have the right to require the Borrower to pay a maturity date fixed commitment fee for such prepayment. The calculation formula for the loan commitment fee in Renminbi shall be as follows: Commitment Fee=Amount of Prepayment×Days of Prepayment×0.05‰. The calculation formula for the repayment scheme being Annex № 1 loan commitment fee in foreign exchange shall be as follows: Commitment Fee=Amount of Prepayment×Days of Prepayment×1%/360. In the event that the Borrower fails to this Loan Agreementpay the commitment fee promptly as required by the Lender, it shall pay a penalty in accordance with the relevant formula.
3.2. Article 19 In case the event that the Borrower applies for an extension of Borrower’s failure to fulfil the obligation to repay the loanLoan, the Borrower shall owe submit a written application for such extension and the Creditor the statutory interestrelevant materials (including, but not limited to, the fees, expenses, etc. within the time periods and under the conditions of this agreement, the General Conditions applicable thereto and the valid Tariff written confirmation of the Creditor.
3.3. In case guarantor for the Borrower shall fail to ensure and present reliable guarantors in timely manner, including if any extension of the specified guarantors shall fail Loan) at least thirty (30) business days prior to give their consent pursuant to this agreement and the general conditions thereto, or if the Borrower shall fail to provide the Creditor with due Bank guarantee in timely manner, or if the Borrower shall fail to establish another due collateral pursuant to this loan agreement, or if the validity maturity date of the guarantee, bank guarantee or collateral shall be anyhow terminatedLoan. Upon examination and approval by the Lender, the Borrower shall owe enter into an extension agreement for the Creditor a penalty in total amount of BGN [●] The penalty shall be charged on monthly basis as from the expiration of the time period for provision of such collateral. Penalty shall be due only for periods during which the loan has not been secured. To this end, if the Borrower shall provide due collateral of the loan, even after the expiration of the time period for provision thereof, the penalty shall not be charged any more. In case the validity of the collateral shall be terminated, irrespective of the reasons thereof, the penalty shall be charged again as from the date of termination of the collateral’s effect. If the time period for which a penalty has been charged shall be less than the time period between two repayment installments, the penalty shall be charged on day-by-day basis in the amount of 1/30 of the monthly penalty. Any penalty charged shall be paid together Loan with the next repayment installment of the loan, according to the agreed repayment scheme. Lender separately.
Article 20 The Borrower shall pay complete the Creditor an out-of-court collection fee with respect to overdue loan payables, when payment of one or more repayment instalments is delayed as regards the fixed maturity date under this Loan Agreement and the repayment scheme thereto. Such fee is in the amount as set out in the Creditor’s tariff applicable as at the date relevant sections of the delay. The fee under this paragraph shall be used to cover remittance certificate for repayment as required by the administrative expenses of the Creditor related to the latter’s activities for collection of required overdue payments under the Loan Agreement Lender (including including, but not limited to phone callsto, reminder letters, attorney’s fees, etcthe contract number of this Agreement).) and shall be due until fully repaid. The amount of the fee may be changed unilaterally by the Creditor in case of material change of the expenses related to the activities for collection of overdue receivables, where such change shall be beyond the Creditor’s control (including but not limited to change of the phone call prices, change of mail services prices, etc.). The Creditor shall inform the Borrower about the change of the fees by publishing a notice on its website indicating the effective date of the new fees.
Appears in 1 contract
Samples: Loan Agreement (Yingli Green Energy Holding Co LTD)