Credit Line Agreement

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 9

CREDIT LINE AGREEMENT

No. KA9DXAABD334APM7X

This Credit Line Agreement (“Agreement”) is made and entered into on 12.24.22 (“Effective Date”) by and between:

SOFI LENDING INC., a corporation duly organized and existing under and by virtue of the laws of the Republic of the
Philippines, SEC registration No. CS201908275, with principal office address located at Unit 1405, East Tower,
Philippine Stock Exchange Centre, Exchange Road, Ortigas Center, Pasig City, Metro Manila, represented herein by
its authorized signatory indicated below, and hereinafter referred to as “Lender”; and

ALNAZHER ANIK KARAY, of legal age, Filipino, ID type: DL, ID number: J0416002837, with residential address at
Asturias, Kakuyagan, Asturias, JOLO Capital, Sulu, and hereinafter referred to as “Borrower”;

Lender and Borrower shall each be referred to as a “Party” and collectively, as the “Parties”.

WHEREAS, the Lender is offering applicants simple and available financing at competitive rates, which may be
availed of through the Lender’s website, accessed at http://www.finbro.ph (“Website”);

WHEREAS, the Borrower, through the Website, applied for a loan from the Lender (“Loan”) after having reviewed
the terms and conditions therefor provided in the Website (“Terms and Conditions”), this Loan is in accordance with the
loan details set out in Schedule 1 (Details and Terms of Loan) of this Agreement;

WHEREAS, the Borrower acknowledges that he/she has read, understood and consented to be fully bound and
subject to the Terms and Conditions, as well as the Lender’s Privacy Policy conformed to by the Borrower (“Privacy
Policy”), and any other ancillary terms and conditions provided in the Website as may be applicable and updated from
time to time;

WHEREAS, the Lender has reviewed the Borrower’s application for the Loan and agrees to provide and make
available such Loan to the Borrower, subject to the Terms and Conditions, the Privacy Policy, this Agreement, and any
other ancillary terms provided in the Website as may be applicable and updated from time to time;

WHEREAS, the Borrower has agreed to receive the Loan from the Lender, subject to the Terms and Conditions,
the Privacy Policy, this Agreement, and any other ancillary terms provided in the Website as may be applicable and
updated from time to time;

NOW, THEREFORE, based on the foregoing premises, Parties hereby agree as follows:

Section 1. Interpretation.

"Business Day” means a day other than Saturday, Sunday or national public holiday in the Philippines, when banks
in the Philippines are open for interbank transactions.

“Final Loan Closing Date” means 12 (twelve) months starting from the Loan issue date.

“Law” means any applicable and enforceable laws and regulations, letter of decree or policy in full force and effect,
including any regulations, regional regulation and other implementing/derivative legislation, the terms and guidelines
from the central, provincial, district, municipal, regency or other regional government of the Philippines and other
jurisdictions, as applicable, including any ministries, agencies, local government units, departments, commissions,
bureaus, councils, administrative and/or other regulatory bodies or instruments thereof legally required to be observed
and complied with by each Party, including law and common justice.
“Minimum Payment” means the payment to continue using the Loan within the agreed Loan tenor.

“Next Payment date” means the date until which the Minimum Payment is due.

“Privacy Policy” has the same meaning given to such term as defined in the Terms and Conditions, and constitutes
an integral and inseparable part of this Agreement.

“Processing Services” means the services which could be used by the Borrower through the Website or otherwise
and which may include, but are not limited to the following services:
a. Collection, validation and verification of the Borrowers’ data and other information provided by the Borrower;

b. Review of the Loan application made by the Borrower;

c. Advising the Borrower in regard to the Details and Terms of the Loan, as well as the Terms and Conditions
requested by the Borrower and those set out in this Agreement;

d. Advising and assisting in preparation of the necessary documentation, which may include, but not limited to,
the Loan application;

e. Calculation of the amounts due and communication with the Borrower of the matter.

“Terms and Conditions” means the terms and conditions for using the Website, as accessible to and understood
and agreed upon by the Borrower when submitting an application through the Website, which constitutes an integral
and inseparable part of this Agreement.

“Website” means the Lender’s website, accessed at http://www.finbro.ph, through which the Borrower can apply for
and avail of any Loan from the Lender.

“Loan” has the meaning given to such term under the second Whereas Clause, which amount provided for under
this Agreement is set out in Schedule 1 (Details and Terms of Loan) of this Agreement.

“Interest” or “Interest Rate” means the interest applicable to the Loan as described in Section 3 of the Agreement
and set out in Schedule 1 (Details and Terms of Loan) of this Agreement.

“Net Proceeds of the Loan” means the amount of the Loan.

Section 2. Loan. As of the Effective Date, the Lender agrees to provide and make available the Loan to the
Borrower, and the Borrower agrees to receive the Loan from the Lender under the Terms and Conditions, as well as
the terms and conditions set out in this Agreement. The details of the Loan (including the interest, fees and other
related costs) as are set out under Schedule 1 (Details and Terms of Loan) of this Agreement.

The release of the proceeds of the Loan by the Lender in favor of the Borrower shall be subject to the following
conditions precedent:
a. The application for the Loan is properly filled out, verified, and submitted by the Borrower through the Website,
with said application to include, in addition to competent evidence of identity, the manner through which the
Borrower opts for the Loan to be disbursed (“Disbursement Method”), the details necessary for the use of the
Disbursement Method in funding the Loan (“Disbursement Information”), as well as other information that
Lender may ask for before disbursement of the Loan;

b. The approval of the Loan by the Lender;

c. The fulfillment by the Borrower of all preconditions and qualifying criteria determined by the Website and/or the
Lender for purposes of obtaining the Loan and/or for the use of the Website, including but not limited to
satisfaction of any know-your-client procedures and credit-worthiness; and
d. The express consent and acceptance of the Privacy Policy, Terms and Conditions, and any other ancillary
terms and conditions as may be provided, opted for, applicable and updated from time to time, as the case
may be, which are accessible through the Website. The Borrower confirms that he/she has read, understood,
and accepted the same.

In the event that the Loan is granted by the Lender, the Lender shall fund the Loan by remitting the funds using the
Disbursement Method and following the disbursement process for the Disbursement Method, as published in the
Website. The Borrower shall be notified by the Lender through the Website of the approval of the Loan, and the Net
Proceeds of the Loan shall be disbursed. The Borrower may not cancel or withdraw the application for the Loan once
submitted through the Website.

The Borrower confirms that the Disbursement Information provided to the Website are correct and accurate. The
Borrower further acknowledges that he/she shall be solely responsible in the event of any errors in the disbursement of
the Net Proceeds of the Loan due to the provision of erroneous or incomplete Disbursement Information. In the event
that the Loan proceeds are disbursed erroneously due to the omission, negligence or other fault of the Borrower,
neither the Website nor the Lender will implement any reversal of such disbursement. The terms for obtaining the Loan
shall constitute to subsist, and the obligation of the Borrower to pay shall continue, in accordance with the terms of this
Agreement.

Section 3. Interest. The Borrower shall be liable to the Lender for interest on the Loan until the same is paid in full,
which interest shall be calculated and paid in accordance with the terms and conditions.Interest on the Loan is
accrued daily until the repayment date. The interest rate shall be indicated in Schedule 1 of this Agreement.

Section 4. Terms of Payment. The Borrower irrevocably and unconditionally agrees to repay the Loan (together
with all interest, penalties, fees and any other amounts owed and payable by the Borrower under this Agreement), on
the specified Final Loan Closing Date without need of any notice or demand. The Borrower agrees to directly remit the
Borrower’s repayments through the methods and channels made available to the Borrower by the Lender and following
the repayment process for said methods and channels, as published in the Website, which may be updated from time
to time. The Parties agree that the Loan is considered repaid (in respect of the relevant repaid sum) at the time that the
payment is transferred into Lender’s applicable bank or any other financial account indicated by the Lender.

If the Borrower fails to cover the scheduled Minimum Payment on Next Payment Date to continue using the Loan
within the agreed Loan tenor or to fully repay the Loan (together with all interest, penalties, fees and any other
amounts owed and payable by the Borrower under this Agreement) on the scheduled Final Loan Closing Date, the
Borrower shall be liable to pay penalty for non-payment or late payment, but which shall not exceed the maximum cap
allowed by the applicable laws, as detailed in Section 5 below and in accordance with the terms set out in Schedule 1
of this Agreement for each day of delay as may be applicable and relevant, and the Lender may take all recovery
actions necessary against the Borrower.

The Borrower may, at his/her option, repay the Loan prior to Final Loan Closing Date, provided that such early
repayment of Loan shall still be subject to the interest, the Processing Fee as the case may be and other payments
agreed upon for the whole Loan tenor at the signing of this Agreement and as indicated in Schedule 1.

Section 5. Fees and Other Costs.

The Parties agree that:


a. the Borrower hereby intends to use the Processing Services through the Website or otherwise and the Lender
hereby agrees to render the Processing Services to the Borrower, if so required by the Borrower, pursuant to
the terms and conditions of this Agreement;

b. The Processing Services, if so required by the Borrower, shall be subject to the Processing Fee as detailed
under Schedule 1 of this Agreement, and the Processing Fee shall be for the sole account of the Borrower;
c. Fees that are set by the repayment channel provider, if any, associated with the processing of the repayment
of the Loan or any installment via the respective repayment channel chosen by the Borrower, shall be for the
account of the Borrower;

d. Penalty for non-payment or late payment shall be accrued daily but not more than 5 (five) percent per month
on the outstanding scheduled amount due (“Penalty”);

e. All parties shall be responsible for the payment of the taxes imposed upon them by law;

f. The Borrower at his/her sole discretion may voluntarily opt for optional services, if any. The fee, if any,
applicable to such services shall be borne by the Borrower.

g. The Lender may apply discounts on interest and other fees for the benefit of the Borrower at the Lender’s
discretion if the Loan is the Borrower’s first or current loan with the Lender. In such a case, these discounts
shall be reflected in Schedule 1 of this Agreement. The option for discount is valid only if the Borrower
complies with all of the terms and conditions of the Agreement, including the term of the payments;

h. Although the Borrower has the right of early Loan repayment, the Lender does not provide any discounts for
the early repayment of the Loan. Early repayment of Loan shall be subject to payment of the principal of the
Loan, interest, the Processing Fee as the case may be and other payments stated in this Agreement and its
Schedule 1 for the whole Loan tenor;

i. the requested Processing Services, as the case may be in accordance with Section 5.a. of this Agreement,
were provided by the Lender and received by the Borrower on the day of full repayment of the Loan to the
Lender under this Agreement;

j. the Borrower confirms that a payment of the Processing Fee made by the Borrower in accordance with this
Agreement, shall be considered as an acceptance of the Processing Services, in whole or in part, depending
on the amount of payment made.

Section 6. Term. This Agreement is valid as of the Effective Date until the Loan (together with all interests,
penalties, costs and any other amounts owing and payable by the Borrower under this Agreement) have been fully and
indefeasibly repaid by the Borrower and the Parties have no other claims against each other.

Section 7. Representations and Warranties of the Borrower.

The Borrower hereby represents and warrants to the Lender that:


a. thehe obligation expressed or to be assumed by the Borrower in this Agreement and any other documents
relevant thereto are legal, valid, binding and enforceable obligations;

b. The entry into and performance by the Borrower of, and the transactions contemplated by, this Agreement
and any other documents relevant thereto do not and shall not conflict with (i) any law or regulation applicable
to the Borrower; or (ii) any agreement or instrument binding upon the Borrower;

c. He/she shall apply the proceeds of the Loan to his/her personal use only such as education, hospitalization,
emergency, travel, household, and other personal consumption needs of a similar nature, and shall not apply
the Net Proceeds of the Loan for purposes of business or resale, barter or hire of a house, lot, motor vehicle,
appliance or furniture, or any illegal activity;

d. The Borrower shall obtain and maintain in full force and effect any authorization, consent or approval required
to enable the Borrower to perform the Borrower’s obligations under this Agreement and other relevant
documents and to ensure the legality, validity, enforceability or admissibility in evidence of this Agreement and
other relevant documents;

e. No event of default is continuing or might reasonably be expected to result from the making available of the
Loan. The Borrower shall notify the Lender in writing of any potential or actual Event of Default, as may be
defined in this Agreement and/or other relevant documents, and any event or circumstance which would
constitute a default under any other agreement binding upon the Borrower (and, in each case, the steps, if
any, being taken to remedy it) promptly upon becoming aware of its occurrence;
f. The Borrower has disclosed to the Lender all information (financial or otherwise) relating to the Borrower and
all other relevant parties which is material in view of the provisions of this Agreement and other relevant
documents, said information being true, complete and accurate in all material respects at the date it was given
and is not misleading in any respect;

g. The Borrower shall provide prior written notice to the Lender of any change in the Borrower’s name, date of
birth, residential address, employment, business, or profession within five (5) calendar days from the date of
such changes;

h. The Borrower has read, understood and agreed to comply with the terms and conditions of this Agreement
and other relevant documents. The Borrower accepts and agrees to be bound by this Agreement other
documents relevant thereto, including any amendments of these documents, as an integral part thereof, which
the Borrower acknowledges are available for reading or downloading from the Website, sent to the Borrower’s
e-mail address indicated by the Borrower and/or notified by the Lender to the Borrower through various
communication channels which the Lender deems fit;

i. The Borrower understands and acknowledges his/her obligations with respect to making the full, complete and
timely payment of the Loan as stipulated in this Agreement;

j. The Borrower understands and acknowledges that the Lender has the absolute discretion to accept or reject
the application for the Loan for valid cause, and that application for the Loan and any supporting documents
thereto shall become part of the Lender’s record and shall be retained by the Lender for as long as necessary
for the purposes for which the same were processed as set out in the Privacy Policy and as required by the
Data Privacy Act of 2012, its Implementing Rules and Regulations, issuances of the National Privacy
Commission and other applicable laws;

k. The Borrower understands and acknowledges that the Borrower’s application for the Loan shall be regarded
as an offer only, and approval of said application shall be decided upon the Lender’s appraisal in accordance
with the Lender’s policy from time to time. The Borrower voluntarily agrees to abide by the Lender’s decision
with respect to the said application and shall not file any complaints or seek redress against the Lender on this
matter; and

l. The Borrower unconditionally acknowledges that the Borrower is truly and lawfully indebted to the Lender on
the approved loan amount in case the Lender had disbursed the said amount as stipulated.

Section 8. Events of Default.

Any and all of the following shall constitute Events of Default unless the Parties have agreed otherwise:
a. Failure by Borrower to comply with or perform any of the terms and conditions of this Agreement, any and all
documents related thereto, or any other agreements between Borrower and Lender;

b. Failure by Borrower to pay when due and payable any principal amounts, interests, and any other payments
and fees specified in Schedule 1 which Borrower is obliged to pay the Lender under this Agreement and
related documents;

c. Any representation or warranty made by Borrower herein or otherwise in connection with the Loan shall prove
to have been incorrect or misleading as of the time it was made or deemed to have been made, and without
reference to whether or not Lender was in fact prejudiced by such untruthfulness and/or non-fulfillment;

d. Borrower voluntarily suspends or ceases his/her personal financial conditions or becomes insolvent or is
unable to pay his/her debts when they become due or commits or permits any act of bankruptcy or insolvency;

e. Any final judgment or decree for a substantial sum of money, damages or for a fine or penalty is entered
against Borrower by a court of competent jurisdiction and is not paid, discharged or fully bonded within ten
(10) days after the date when payment of such judgment or decree is due under applicable laws;

f. Borrower dies or is convicted of a criminal offense with final judgment carrying with it a penalty of civil
interdiction affecting Borrower, or in any of the cases covered by Article 1198 of the Civil Code of the
Philippines;
g. There shall have occurred a material change in the financial circumstances or condition of Borrower reckoned
from the approval of the Loan, which, in the reasonable opinion of Lender, would adversely affect the ability of
Borrower to perform the obligations under this Agreement and related documents.

Section 9. Consequences of Default.

Should an Event of Default occur:


a. Lender shall have the right, at its discretion, to consider the full amount of the Loan and any other payments
and fees specified in Schedule 1, as immediately due and demandable, and require Borrower to make full and
immediate payment thereof. In such case Borrower has an obligation to make relevant payment according to
the requirements of Lender;

b. If the default is a result of a failure of the Borrower to timely pay the Loan, the Penalty and other fees, as may
be applicable, prescribed under Section 5 shall apply;

c. To the extent allowed under Philippine law, Borrower waives any notice or formality meant to enable the
Lender to exercise its rights arising from the occurrence of an Event of Default. The failure or the delay to
exercise any right, options, power or privilege hereunder shall not operate as a waiver of any right of the
Lender to exercise the same, unless said waiver is given in writing by the Lender and then only to the extent
specifically set forth in said writing.

Section 10. Indemnity.

The Borrower shall indemnify the Lender against any cost, loss or liability incurred by the Lender as a result of:
a. The occurrence of any Event of Default;

b. The information produced or confirmed by the Borrower being or being alleged to be misleading and/or
deceptive in any respect; or

c. Any inquiry, investigation, subpoena, or similar order or litigation with respect to the Borrower pertaining to the
transactions contemplated or financed under this Agreement and other related documents.

Section 11. Notice. Any notices whatsoever to be delivered pursuant to this Agreement must be made in writing
and delivered to the relevant Party’s residential or office address as stated in the Agreement, or through any other
means as may be determined in writing between the Parties.

Section 12. Entire Agreement. Both Parties acknowledge that they have read this Agreement, including the
attachments and documents related thereto, understood it and agreed to be bound by its terms and further agree that
this Agreement, inclusive of the attachments and documents related thereto, constitutes the complete and exclusive
statement of the agreement between the Parties with respect to the subject matter hereof, which supersedes all
proposals, and all other communications, regardless of the form thereof, between the Parties relating to the subject
matter of this Agreement.

Section 13. Assignment and Transfer. Notwithstanding any other provisions of this Agreement and related
documents, the Lender may at any time and without need of the Borrower’s consent: (a) assign or transfer its rights
and obligations; or (b) create security in or over any and all of its rights or obligations under this Agreement and related
documents to any person. For the avoidance of doubt, such assignment or transfer of rights and obligations includes
the sale of the Loan to third parties.

The Borrower is not permitted to assign or transfer any of the Borrower’s rights or obligations under this Agreement
and related documents without prior written consent of the Lender.

Section 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
Philippines.
Section 15. Jurisdiction Over Disputes. Any dispute, controversy or claim arising out of or relating to this
Agreement, or the breach, termination or invalidity thereof shall be filed before the proper courts of general jurisdiction
in the Philippines.

Section 16. Severability. If any provision of this Agreement is or becomes invalid, illegal or unenforceable, the
remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be
substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business
objectives as intended by the Parties.

Section 17. Amendments to the Agreement. Except as stipulated under the Section 20, this Agreement may be
amended from time to time by mutual agreement of the Parties in a written modification signed by both Parties.

Section 18. Non-Waiver. The delay or failure of the Lender to exercise of any of its rights under this Agreement
and related documents shall not be construed or deemed as a waiver of the Lender to such rights.

Section 19. Termination of the Agreement. Not with standing any other provisions of this Agreement and related
documents, the Lender may unilaterally terminate this Agreement (a) at any time before the disbursement of the Loan;
(b) as well as after the disbursement of the Loan, if the Borrower breaches this Agreement.

Section 20. Additional Loan amounts. During the tenor of this this Agreement the Borrower shall be entitled to
apply to the Lender for additional Loan amounts within its credit limit as set by the Lender. The Lender in its absolute
discretion may approve or dismiss such applications. In case of application of the Borrower and the approval of the
Lender:
a. the approved loan amount shall be credited to the Borrower's chosen Disbursement Method.

b. schedule 1 of this Agreement shall be unilaterally amended by the Lender and expressed in a new wording to
include the details of the total outstanding loan and other related payments.

c. the rest of the terms of this Agreement shall be applicable to any additional loan amounts issued to the
Borrower.

N WITNESS WHEREOF, the Parties have caused this Agreement to be executed on 12.24.22.

SOFI LENDING INC. Borrower’s Name, Surname


Lender Borrower

By: Director Janis Ozols Alnazher Karay

SCHEDULE 1
DETAILS AND TERMS OF LOAN
DATED 12.24.22

LENDER

Name SOFI LENDING INC.

Business address Unit 1405, East Tower, Philippine Stock Exchange Centre, Exchange Road, Ortigas Center,
Pasig City, Metro Manila
SEC Registration No. CS201908275

BORROWER

Name Alnazher Anik Karay

ID type DL

ID number J0416002837

LOAN

Loan Amount

Total amount 5000.00 PHP

Loan tenor 12 month

Next Payment Date* 01.23.23


* Subject to change based on the Borrower’s choices. The current Next Payment Date shall be reflected in the
Borrower’s profile in the Website and shall also be communicated with the Borrower by other communication channels.

Final Loan Closing Date 12.24.2023

Effective Date of Loan 12.24.2022


Agreement

Processing Fee 450.00 PHP


Discount on Processing Fee, according to Section 5 (g) of the Loan
Agreement: No
Discount Amount: 0% of the Processing Fee (for Borrower’s first or current loan only at the
option of the Lender)

Total Net Proceeds of the 5000.00 PHP


Loan

Interest Rate 0.2% per day


Discount on Interest Rate*: No
Discount Amount: 0% of the Interest Rate (for Borrower’s first or current loan only at the option
of the Lender)

Penalty** 0.5% of the Loan on a daily basis starting from the 1st day of delayed payment
** The Penalty is imposed daily if the Borrower fails to make the next scheduled payment, but not more than 5 (five)
percent per month on the outstanding scheduled amount due.

Minimum Payment *** 2493.00 PHP


*** The Minimum Payment is paid to continue using the Loan within the agreed Loan tenor.

Loan Disbursement Bank transfer


Method

Borrower Receiving Bank GXI


Borrower’s Account 09171495285
Number

Borrower’s Account Alnazher Anik Karay


Name

SOFI LENDING INC. Borrower’s Name, Surname


Lender Borrower

By: Director Janis Ozols Alnazher Karay

You might also like