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Юридические услуги по составлению договоров
email: lebedevlaw@mail.ru
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Loan agreement
[City], [date] 2022
Mr. [full name], citizen of Italy holding the passport No.[enter the number] issued by [name of authority] on [enter the date], with a seat at [Address], hereinafter referred to as the “Lender”, as the party on the one hand,
and
Mr. [full name], citizen of Republic of _____, holding the passport No.[enter the number] issued by [name of authority] on [enter the date], with a seat at [Address], hereinafter referred to as the “Borrower”, as the party on the other hand,
Hereinafter collectively referred to as the “Parties” and each as a “Party”,
Have entered into this loan agreement (the “Agreement”) on the following terms and conditions:
Clause 1. Defined Terms
Unless otherwise is referred to under this Agreement, the following words and expressions shall bear the meaning determined in this Clause 1 of the Agreement below:
The “Loan”/the “Loan Amount” – means the amount of Tether (USDT) _____ (_____)
The “Loan Currency” – means Tether USDT - being a crypto-currency which at any time should be equal to USD 1 (one Us Dollar)
The “Law” – means the material laws of the Republic of Belorussia (unless any other law applicable to certain case or a party as the context may require).
The “Interest” means a fee payable (on terms below) for use of Loan in form of Interest rate of 35% (thirty five per cent) per annum.
Clause 2. Interpretation
In this Agreement, unless otherwise provided by the context:
(i) Any word being used in any certain grammatical gender includes the meaning of all other possible genders of that word also;
(ii) Any word being used as the singular includes the meaning of its plural form and vice versa;
(iii) If any obligation incurred jointly by two or more persons then those persons shall bear joint responsibility for that obligation;
(iv) Any obligation of any party to refrain from some kind of actions or non-action includes obligation of that party and the persons that control that party to not allow those actions or non-actions done by others;
(v) Titles of Clauses, exhibits and clauses do not affect interpretation of their content.
Clause 3. Subject of the Agreement
3.1. Under with this Agreement, the Lender has provided the Borrower with the Loan in Loan Currency and the Borrower has accepted the Loan and agreed to repay it together with Interest within the term provided in Clause 4 of this Agreement below.
3.2. For the avoidance of doubt, herewith the Lender declares that granting the Loan to the Borrower shall not oblige the Borrower to use the Loan for any certain purpose, and the Borrower has the right to dispose the Loan at the Borrower’s own discretion.
3.3. The Parties agree that the Loan was provided by the web-transfer to the web-wallet of the Borrower from the web-wallet of the Lender.
3.4. The date when the Loan was provided is _____ 2022 which is deemed the effective date of this Agreement.
3.5. The Loan has been granted on the Interest base accrued at the amount of the Loan (or any non-repaid amount).
3.6. The Interest accrued at the Loan shall be calculated on an annual basis and paid by the Borrower to the Lender together with repayment of the Loan in the Loan Currency (except early repayment where the Interest amount shall be calculated on the basis of actually used days of the Loan.
3.7. The Loan and the Interest shall be repaid and paid to the web-wallet indicated by the Lender to the Borrower in the email message to the agreed email address [enter the address] from the email address of the Lender [enter address].
Clause 4. Repayment of the Loan
4.1. As agreed by the Parties, the Borrower shall repay the Loan and Interest to the Lender not later than on ____ 2023.
4.2. The Lender has right to demand early (pre-term) repayment of the Loan by sending a written request to the Borrower, but not earlier than after [enter number of months] months as of the date hereof .
4.3. The Loan and the Interest without any deductions (where practically possible).
4.4. In the event provided in clause 4.2. of this Agreement above, the Borrower shall repay in full the Loan and the Interest within [30] ([thirty]) calendar days after receipt by the Borrower of the request for early repayment of the Loan from the Lender.
4.5. For the avoidance of doubt the Parties have agreed on the following order of discharge of the Lender’s claims arising out of the Agreement (being agreed that no penalty or losses/damages shall apply to any Party hereunder):
(a) in the first place - any amount paid by the Borrower to the Lender under the Agreement will cover the Interest due to the Lender (regardless of a demand for payment);
(b) in the second place - any amount paid by the Borrower to the Lender under the Agreement will cover the repayment of the Loan due to the Lender (regardless of a demand for payment).
4.6. No Party may assign any of its rights and/or obligations hereunder to any third party without prior written consent of the other Party.
Clause 5. Responsibilities of the Parties
Each Party shall be liable to another Party (in case of non-performance) according to applicable Law.
Clause 6. Notices
6.1. All requests, demands, notifications, statements (except court notices as per below) that one Party has to deliver to the other Party pursuant to this Agreement or to the Laws have to be executed in writing and directed to the addressee by email to the agreed email addresses indicated in sub-clause 3.7 above. Any court notice should be served to the location of the receiving Party (indicated in first paragraph of this Agreement) by the official post with a receipt report.
6.2. In the event of change of the web-wallet details or the location of one of the Parties, such Party is obliged to notify the other Party about the changes taken place in the procedure determined by this Agreement above. Such a notification amends this Agreement and becomes an integral part hereof.
Clause 7. Amendments and other terms
7.1. Any term or condition of this Agreement can be modified only if such alteration is agreed or approved in writing by the Parties.
7.2. In the event one of the Parties wish to communicate in relations with the other Party by deputy, the powers of such deputy shall be confirmed by a duly executed (notarized and apostilled) power of attorney; and a duly executed copy of such power of attorney shall be provided to the other Party.
Clause 8. Final provisions
8.1. This Agreement represents the final arrangement of the Parties on the subject of this Agreement. Once the Parties entered into the Agreement, all correspondence between the Parties preceding the conclusion of this Agreement becomes invalid.
8.2. This Agreement is valid until ____ 2023 and may be extended by the notice of a Party to another Party to be served not later than 15 (fifteen) days prior to its expiration.
8.3. This Agreement is made in 2 (Two) original each in English solely: one for each of the Parties.
8.4. This Agreement has been made in accordance with the applicable Law and the substantive applicable Law shall apply to all provisions arising from the subject of the Agreement in the part where the Parties have not agreed on other and have left it to its compulsory and/or discretionary rule.
8.5. In the event of any dispute between the Parties (if this dispute is not settled by negotiation within 2 (two) weeks of having arisen), this dispute shall be settled by the court at the location of the Borrower.
Clause 9. Details and signatures of the Parties
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Юридические услуги по составлению договоров
email: lebedevlaw@mail.ru
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