Rights and Obligations of the Lender. 1. The Lender has full power to decide on the disbursement or not to the Borrower. The notification of disbursement or non-disbursement will be sent to the Borrower via one of the following forms: phone, text message, email, written notice, or otherwise, from time to time. If the notice is made by the phone, the Lender is entitled to record entire or any of discussions between the Lender and the Borrower, and the Borrower hereby acknowledges and agrees that the data recorded by the Lender will be the legal evidence for transaction executed between the Parties. 2. The Lender has the right to request the Borrower to pay in full the due payments under this Agreement and/or supplement or replace any other assets to secure the payment obligations under this Agreement in any time that the Lender reckons necessary. 3. The Lender has the right to request the Borrower to provide and/or supplement and/or present evidence for ownership of the Borrower and / or the origin of the Collateral. 4. The Lender has the right to request the Borrower to indemnify for any damages, liabilities, claims, losses, damages, expenses related to or arising from the transactions between the Parties hereto, including but not limited to the Loan and the Collateral. 5. The Borrower, by applying for the Loan via a website at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇ or a mobile application provided by the Lender’s partner (Cashwagon) and by continuing to use services of the Lender provided by the Lender’s partner, gives consent to the Lender and/or its partner to process personal data of the Borrower and to disclose it to third parties when required for loan maintenance and service. 6. The Lender is responsible to comply the terms and conditions of this Agreement. 7. The Lender may, at its own discretion and subject to mandatory requirements of applicable local laws, assign or transfer its rights under this Agreement, in whole or in part. According to this Agreement the Borrower acknowledges and authorizes the Lender (or Cashwagon, appointed by the Lender) to sign any letters, receive notices and keep notifications on behalf of the Borrower. The Borrower will be duly notified on such assignment or transfer. The Borrower cannot without prior written consent of the Lender assign or transfer its rights and obligations under this Agreement.
Appears in 1 contract
Sources: Loan Agreement
Rights and Obligations of the Lender. 111.1. Disbursement of the Loan is solely at the discretion of the Lender. Namely, only the Lender may decide whether to grant the Loan to the Client or not.
11.2. The Lender has full power to decide on (or any third party designated by the disbursement or not Lender) may send to the Borrower. The notification of Client notifications on disbursement or non-disbursement will be sent of the Loan, reminders about necessity to repay the Loan and/or make other payments under the Agreement and/or send other messages related to the Borrower Agreement via one of the following formsmeans: phone, text message, emaile-mail, written notice, or otherwise, from time to time. If the notice is made by the via phone, the Lender is entitled to record entire or any of discussions between the Lender and the Borrower, and the Borrower Client. The Client hereby acknowledges and agrees that the data recorded by the Lender will be the legal evidence for transaction executed between the Parties.
211.3. The Lender has the right to request the Borrower Client to pay in full the all due payments under this Agreement and/or supplement or replace any other assets in case the Collateral is lost, mislaid or damaged leading to not be sufficient as a security of the Loan to secure the payment obligations under this Agreement in any time that the Lender reckons deems necessary.
311.4. The Lender has the right to request the Borrower Client to provide and/or supplement and/or present evidence for of his/her ownership of the Borrower and / or the origin of the Collateral.
411.5. The Lender has the right to request the Borrower Client to indemnify for any damages, liabilities, claims, losses, damages, expenses related to or arising from the transactions between the Parties hereto, including but not limited to the Loan and the Collateral.
511.6. The BorrowerLender has the right to collect, by applying for the Loan via a website at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇ or a mobile application provided by the Lenderstore and otherwise process Client’s partner personal information (Cashwagonpersonal data) and by continuing to use services of the Lender provided by the Lender’s partner, gives consent to the Lender and/or its partner to process personal data of the Borrower and to disclose it to third parties when required this is necessary for loan maintenance execution of this Agreement, fulfilment of its legal obligation and servicepursuing its legitimate purpose.
611.7. The Lender is responsible to comply the terms and conditions of this Agreement.
711.8. The Lender may, at its own discretion and subject to mandatory requirements of applicable local laws, assign or transfer its rights and obligations under this Agreement, in whole or in part, and the Client shall be deemed to agree to such assignment or transfer. According In these circumstances, the Pledge of property and any other agreements related to this Agreement the Borrower Pledge shall be in full force and assigned and transferred to the corresponding assignee. The Client acknowledges and authorizes the Lender (or CashwagonSOFI SOLUTIONS, or another partner, appointed by the Lender) to sign any letters, receive notices and keep notifications on behalf of the BorrowerClient in connection with financial status and cash flow of the Client in order to monitoring the Loan and debt collection. The Borrower will Client shall be deemed to be duly notified on such assignment assignment. The Lender (or SOFI SOLUTIONS, or another partner, appointed by the Lender) shall be obliged to give such letters, notices and notifications to the Client upon request of the latter.
11.9. The Client authorizes the Lender to request and receive from any third parties any information that is necessary for taking the decision on granting or rejecting the Loan and/or entering into legal relation with the Client (including, but not limited to, information necessary: (a) to assess Client’s creditworthiness; (b) to assess credit risks; (b) to prevent fraud; (c) prevent money laundering and terrorism financing, etc.).
11.10. Lender reserves the right to request Client to provide and/or supplement the certificate of the ownership right and/or source of the Pledge of Property in accordance with law, competent authorities or at any time that Lender deems appropriate.
11.11. Client agrees that, according to laws of Vietnam, Lender reserves the right to assign or transfer. The Borrower cannot , with recourse or without prior written consent of recourse, the Lender assign or transfer its Debt together with all related rights and obligations to the third party ("Assignee") (i) as requested by laws; or (ii) in order to perform the debt handling process in compliance with Lender policies; or (iii) in the case of mergers or acquisitions.
11.12. Client agrees that, Lender reserves the right to transfer all liabilities related to the Debt with related rights and obligations to a third party in accordance with the laws of Vietnam ("Assignment"). In these circumstances, the Pledge of Property and any other agreements related to the Pledge shall be in full force and assigned and transferred to the corresponding assignee.
11.13. In case Client violates payment obligations and / or any obligation under this AgreementAgreement as well as in the Event of Default (as described in Section 18), Lender has the right to use necessary legal measures and procedures to request Client’ payment according to the legal regulations and / or handling of Pledge of Property in one of the following forms: leasing, using, selling (without auction procedures) of the Pledge of Property or allowing the third parties to use the Pledge of Property without Client’s approval.
Appears in 1 contract
Sources: Pawn Service Agreement
Rights and Obligations of the Lender. 1. 10.1 The Lender has full power to decide on the disbursement or not to the Borrower. The notification of disbursement or non-disbursement will be sent to the Borrower via one of the following forms: phone, text message, email, written notice, or otherwise, from time to time. If the notice is made by the phone, the Lender is entitled to record entire or any of discussions between the Lender and the Borrower, and the Borrower hereby acknowledges and agrees that the data recorded by the Lender will be the legal evidence for transaction executed between the Parties.
2. 10.2 The Lender has the right to request the Borrower to pay in full the due payments under this Agreement and/or supplement or replace any other assets to secure the payment obligations under this Agreement in any time that the Lender reckons necessary.
3. 10.3 The Lender has the right to request the Borrower to provide and/or supplement and/or present evidence for ownership of the Borrower and / or the origin of the Collateral.
4. 10.4 The Lender has the right to request the Borrower to indemnify for any damages, liabilities, claims, losses, damages, expenses related to or arising from the transactions between the Parties hereto, including but not limited to the Loan and the Collateral.
5. 10.5 The Borrower, by applying for Lender has the Loan via a website at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇ or a mobile application provided by the Lender’s partner (Cashwagon) and by continuing to use services of the Lender provided by the Lender’s partner, gives consent to the Lender and/or its partner right to process personal data of the Borrower and to disclose it to third parties when required for loan maintenance and service.
6. 10.6 The Lender is responsible to comply the terms and conditions of this Agreement.
7. 10.7 The Lender may, at its own discretion and subject to mandatory requirements of applicable local laws, assign or transfer its rights and obligations under this Agreement, in whole or in part. According , and the Borrower shall be deemed to this Agreement agree to such assignment or transfer, and the Borrower acknowledges and authorizes the Lender (or Cashwagon, appointed by the Lender) to sign any letters, receive notices and keep notifications on behalf of the Borrower. The Borrower will shall be deemed to be duly notified on such assignment assignment. The Lender (or transferCashwagon, appointed by the Lender) shall be obliged to give such letters, notices and notifications to the Borrower upon request of the latter. The Borrower cannot without prior written consent of the Lender assign or transfer its rights and obligations under this Agreement.
Appears in 1 contract
Sources: Loan Agreement
Rights and Obligations of the Lender. 1. 10.1 The Lender has full power to decide on the disbursement or not to the Borrower. The notification of disbursement or non-disbursement will be sent to the Borrower via one of the following forms: phone, text message, email, written notice, or otherwise, from time to time. If the notice is made by the phone, the Lender is entitled to record entire or any of discussions between the Lender and the Borrower, and the Borrower hereby acknowledges and agrees that the data recorded by the Lender will be the legal evidence for transaction executed between the Parties.
2. 10.2 The Lender has the right to request the Borrower to pay in full the due payments under this Agreement and/or supplement or replace any other assets to secure the payment obligations under this Agreement in any time that the Lender reckons necessary.
3. 10.3 The Lender has the right to request the Borrower to provide and/or supplement and/or present evidence for ownership of the Borrower and / or the origin of the Collateral.
4. 10.4 The Lender has the right to request the Borrower to indemnify for any damages, liabilities, claims, losses, damages, expenses related to or arising from the transactions between the Parties hereto, including but not limited to the Loan and the Collateral.
5. 10.5 The Borrower, by applying for the Loan via a website at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇ or a mobile application provided by the Lender’s partner (Cashwagon) and by continuing to use services of the Lender provided by the Lender’s partner, gives consent to the Lender and/or its partner to process personal data of the Borrower and to disclose it to third parties when required for loan maintenance and service.
6. 10.6 The Lender is responsible to comply the terms and conditions of this Agreement.
7. 10.7 The Lender may, at its own discretion and subject to mandatory requirements of applicable local laws, assign or transfer its rights under this Agreement, in whole or in part. According to this Agreement the Borrower acknowledges and authorizes the Lender (or Cashwagon, appointed by the Lender) to sign any letters, receive notices and keep notifications on behalf of the Borrower. The Borrower will be duly notified on such assignment or transfer. The Borrower cannot without prior written consent of the Lender assign or transfer its rights and obligations under this Agreement.
Appears in 1 contract
Sources: Loan Agreement
Rights and Obligations of the Lender. 1. Article XXXIX The Lender has full power shall have the right to decide on collect the disbursement or not to the Borrower. The notification of disbursement or non-disbursement will be sent to the Borrower via one principal, interest, penalty interest and compound interest of the following forms: phonedebt in accordance with the provisions of the Contract, text message, email, written notice, or otherwise, from time to time. If collect the notice is made fees payable by the phone, the Lender is entitled to record entire or any of discussions between the Lender and the Borrower, and have the right to directly transfer the above principal, interest and fees from the repayment account.
Article XL The Lender shall have the right to require the Borrower hereby acknowledges to provide information related to the loan, enter the Borrower’s business premises, investigate, examine and agrees that inspect the data recorded use of credit and the Borrower’s assets, financial status and business conditions. The Borrower shall provide support and have the right to supervise the Borrower’s use of the Loan according to the purposes agreed herein.
Article XLI The Lender shall be obligated to keep the information provided by the Borrower confidential, unless otherwise provided by laws, regulations and rules, required by the competent authorities, or agreed by both parties.
Article XLII The Lender shall have the right to require the Borrower to open the following account in the bank of the Lender as a special fund withdrawal account. The Borrower shall open the account according to the requirements of the Lender and sign the relevant account management agreement, and timely provide the Lender with the inflow and outflow of funds in the account, and accept the Lender’s management over the withdrawal of fund. The Lender shall have the right to recover the loan in advance according to the Borrower’s withdrawal of fund. The specific account information is as follows: Opening Bank:______________________________________/_____________________ Account Number:___________________________________________________________ Unless approved by the Lender, the account for withdrawal of fund will not be open to online banking payment and circulating or exchange business. Article XLIII Any of the following events shall constitute a breach of contract by the Borrower under the Contract:
1. The Borrower violates any provision of the Contract or any legal evidence for transaction executed between the Partiesobligation.
2. The Lender has Borrower fails to fulfill the right to request statements, commitments and guarantees made in the Borrower to pay in full the due payments under this Agreement and/or supplement or replace any other assets to secure the payment obligations under this Agreement in any time that the Lender reckons necessaryContract.
3. The Lender has Borrower expressly states or implies by action that it will not perform any obligation under the right to request the Borrower to provide and/or supplement and/or present evidence for ownership of the Borrower and / or the origin of the CollateralContract.
4. Fails to continuously meet any preconditions for loan issuance as agreed in the Contract.
5. The Lender has Borrower or the Guarantor (including but not limited to the Guarantor, Pledgor and Mortgagor, the same below) neglects to manage and exercise the right to request the Borrower to indemnify for any damages, liabilities, of recourse on its matured debt claims, lossesor transfer property or other acts of evading debts by disposing of its major property without compensation, damages, expenses related to at an unreasonable low price or arising from the transactions between the Parties heretoin other inappropriate ways.
6. The Borrower uses false contracts and arrangements entered with any third party, including but not limited to the Loan and the Collateral.
5. The Borrowerdiscounting or pledging receivables such as negotiable instruments without real trade background, by applying for the Loan via a website at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇ to obtain funds or a mobile application provided by the Lender’s partner (Cashwagon) and by continuing to use services of credit from the Lender provided by the Lender’s partner, gives consent to the Lender and/or its partner to process personal data of the Borrower and to disclose it to third parties when required for loan maintenance and service.
6. The Lender is responsible to comply the terms and conditions of this Agreementor other banks.
7. The Lender mayBorrower or the Guarantor violates other contracts (including but not limited to credit contracts, at its own discretion loan contracts and subject to mandatory requirements of applicable local laws, assign or transfer its rights under this Agreement, in whole or in part. According to this Agreement the Borrower acknowledges and authorizes guarantee contracts) signed with the Lender (or Cashwagon, appointed any debt securities issued by the Lender.
8. The Borrower or the Guarantor violates other contracts (including but not limited to credit contracts, loan contracts and guarantee contracts) signed with other banks or issue any debt securities.
9. The Guarantor of the Borrower violates the provisions of the guarantee contract (including but not limited to sign the guarantee contract, mortgage contract and pledge contract, the same below) or breaches any lettersarrangement under the guarantee contract, receive notices or the guarantee contract is not effective, invalid or revoked; the value of the collateral is significantly reduced, lost, with ownership dispute, or sealed up, detained, frozen, deducted, retained, auctioned, etc.
10. Other events of default that affect the business activities of the Borrower and keep notifications on behalf the Guarantor and the loan safety of the Lender, including but not limited to:
(1) The Borrower or the Guarantor has deficit in operation or financial condition, or incurs significant financial losses. Asset losses (including but not limited to asset losses due to its external guarantees) or other financial crises.
(2) The Borrower is subject to administrative penalty or criminal sanction or is involved in major legal disputes due to illegal business practices.
(3) The Borrower, the shareholder or the actual controller of the Borrower. , the Legal Representative or the main administrative staff of the Guarantor are involved in major legal actions or their major assets are subject to compulsory measures such as property preservation or are subject to administrative penalties or criminal sanctions, or other events that lead to their inability to perform their duties normally.
(4) The guarantee provided by the Borrower or Guarantor to a third party has a significant adverse impact on its financial status or its ability to perform its obligations under the Contract.
(5) The Borrower will be duly notified on such assignment or transfer. The Borrower cannot without prior written consent the Guarantor has separation, merger, major acquisition and reorganization, disposal of major assets, reduction of capital, closure, suspension of business for rectification, liquidation, reorganization, cancellation, dissolution, bankruptcy, revocation of business license, etc.
(6) Other circumstances that the Lender deems would impair the security of the Lender assign or transfer its rights and obligations under this Agreementloan.
Appears in 1 contract