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Loan Details
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Terms & Cession
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Suretyship
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LOAN AGREEMENT

By this agreement made and entered into by and between: INTERCREST CAPITAL (Pvt) LTD (hereinafter the 'LENDER') and:

Hereinafter the 'BORROWER' (In the case of a private limited company, a resolution of the Board of Directors authorizing the transaction is to accompany the Application). The Borrower hereby borrows and the Lender hereby lends the sum out below under such terms and conditions as are set out herein.

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SECTION ONE

Terms

Repayments

The Amount Financed together with the Finance Charges shall be repaid in the installments stipulated in the amortization schedule, subject to variation should the interest rate change as stated in B. below. All payments shall be appropriated firstly to finance charges and the remainder to the outstanding capital in accordance with the installment for that particular month.

A. Finance Charges

The capital amount financed shall attract finance charges at a rate as stipulated in the amortization schedule and Conditions of Approval.

In the event of any variation in the minimum lending rate charged by the Lender, the Lender shall have the right forthwith by notice in writing or by e-mail or telephonically to the Borrower, to vary the applicable interest and the repayments due in terms of the amortization schedule, by an amount proportional to such variation.

B. Interest on Overdue Payments

If the Borrower fails to comply with any of the provisions of the Loan Agreement, particularly the repayment of amounts due, interest will be accrued at the rate of five (5%), above InterCrest Capital's minimum lending rate.

C. Fees and Costs

The Borrower acknowledges that the Lender will, in addition to any other costs referred to in the Loan Agreement, recover an establishment fee from the Borrower, which shall not exceed 5% of the Principal Amount requested by the Borrower.

The Borrower shall be liable for collection commission costs, tracing costs, fees, and legal costs incurred in enforcing payment of any amount owing here under, including costs on attorney cases.

The Borrower will be liable for a fixed charge for every returned cheque or debit order instruction as stipulated in the offer letter.

E. Right of Set - Off

The Lender will be entitled in its absolute to apply any funds or monies held by it on behalf of the borrower, to offset any amount due and outstanding by the Borrower.

F. For Corporates only

The Borrower undertakes to maintain up to date records on its activities and to promptly submit copies of these for review and information to InterCrest Capital Limited at quarterly intervals, including granting InterCrest Capital Limited reasonable access to its premises for purposes of making assessments.

G. Cooling -Off and Early Settlement

Early redemption of outstanding amounts is at the entire and unfettered discretion of the Lender and where the Lender agrees to such settlement, it shall be subject to the following conditions:

  1. The Borrower shall be required to give thirty, (30 days) written notification;
  2. The Lender will reserve the right to collect a cancellation fee based on the account balance at the time of redemption.

SECTION TWO

Cession

I/We (hereby referred to as the Cedent) hereby cede, assign and make over to InterCrest (Pvt) Ltd (hereinafter referred to as the Cessionary) all rights, title, benefit and interest which he/she/it will acquire in the property.

  1. The cessionary warrants that notwithstanding its rights as cessionary the cedent shall enjoy vacuo possessio.
  2. The cessionary warrants that she/he/it has not in any way alienated, assigned, pledged, made over or in any way encumbered the rights dealt with herein and further undertakes that he/she/it will not to alienate, assign, pledge, make over or in anyway encumber the rights dealt with herein.
  3. This cession is made as a continuing covering security for payment of all amounts which are already and which may hereafter become owing to the cessionary by the cedent in respect of the finance agreement, or any facilities given or to be given by cessionary under whatever scheme or facility, provided, however that the maximum sum secured hereunder shall be: $ (in words)

The Cedent agrees that the secured amount shall exceed the above sum where the lender has already invoked clause B and C as stated in Section One above.

Cedent's specific warranties:

The cedent warrants that for the duration of this cession it will:

  1. Provide the cessionary with such information relating to its operations as may reasonably be required by the cessionary;
  2. Promptly inform the cessionary of any development in connection with its operations which may be prejudicial to the cessionary's interest herein.
  3. Not cede, assign, pledge, make over or in any other way transfer, in part or whole, the Lender's right to revenue arising from the sale of any equipment.

Cost of preparation:

The cedent shall be liable for all the costs of the preparation, execution and registration of this cession.

Delivery of property upon breach:

Upon breach of this contract, the Cedent shall, upon demand, surrender into the custody of the Cessionary or its duly designated agents, possession of the property.

Waiver:

No failure on the part on the Cedent to exercise, and no delay in exercising any right hereunder precludes the subsequent exercise or further shall any single or partial exercise of any other right affect the one.

THUS DONE AND SIGNED AT, on this the day of in the presence of the undersigned witnesses:

Per pro Cessionary (Borrower)

Per pro Cedent (Lender)

SECTION THREE

Deed of Suretyship

I/We, ,

Do hereby personally guarantee and bind myself / ourselves as Sureties for, and in solidium and co-principal debtors with (Herein after referred to as 'the Borrower') of loan facilities, provided the total recoverable herein shall not exceed the sum of $ (In words)

The sureties agree that the total recoverable shall exceed the above sum where the lender has already invoked clause B and C as stated in Section One above.

We here by declare and agree:

  1. That we are fully acquainted with the provisions of the primary Agreement between Borrower and Lender and undertake to be bound by the contents thereof where the Borrower breaches the contract, particularly clauses B,C,D and E.
  2. That all admissions or acknowledgements of indebtedness by the Borrower shall be binding on me and that the Lender shall be at liberty, without affecting its rights hereunder, to release securities or any other surety and to give time to or compound or make any other arrangements with the Borrower.
  3. We renounce benefit of cession of actions, the benefits of excussion and division, the benefit of error of calculations, and any and all exceptions and defences that we would ordinarily be entitled to under the law of Suretyship.
  4. That this contract of sureyship is in addition, and without prejudice, to any other securities or any other suretyship now or hereafter to be held from the Borrower, and it shall remain in force as a continuing security notwithstanding any intermediate settlement of account and notwithstanding death or legal disability, until the aforementioned debt is liquidated in full.
  5. We hereby choose and select domicilium citandi et executandi at both the physical and postal addresses appearing on the credit application form to which the Deed of Suretyship is annexed.

THUS DONE AND SIGNED AT, on this the day of in the presence of the undersigned witnesses:

Per pro Surety (Borrower)

National ID Number:

Per pro Surety (Borrower)

National ID Number:

SECTION FOUR

Debit Order/Stop Order Authority

I/We authorize my bank to draw on my account the monthly payment as indicated in the amortization schedule and to pay this amount to InterCrest Capital (Pvt) Ltd. The installment amount may vary to include finance charges and fees as stipulated in clause B and C of section one. This Authority shall continue to endure until the agreement has lapsed. The Lender is irrevocably authorized to arrange with the Borrower's employer for the deduction of his installments from his remuneration. This authority will also be applicable against any future employer of the Borrower or other bank or branch to which the Borrower may move his account.

Details of account to be debited

Account Number Type of account
Branch Code Bank name
Branch name Amount debited
Commencement date Finish date
Name of account holder

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I/We hereby certify that all the information disclosed to the Lender is true and correct. Where information disclosed is to be false, the Lender shall be entitled to treat it as breach of contract and shall be further entitled to cancel the contract in terms of Clause C above. I/We undertake to be bound by the Agreement, the contents whereby we have read and understood.

The Lender chooses as its domicilium citandi et executandi as the following address:

InterCrest Capital (Pvt) Ltd 3013 Corner Samora Machel Avenue and Rudland Road, Harare or other such address as the Borrower may be notified of in writing.

The Borrower chooses:

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