DAVID ROBERTS FINANCIAL/LOANS/INVESTMENT
No. 1 Jermyn Street
London, SW1Y 4UH
United Kingdom
Voice: 44 (20) 7839 8040
Email:
[email protected] THIS LOAN AGREEMENT is made DATE: 2nd October 2014
BETWEEN
No 23 new town 3rd floor Accra Ghana No 23 new town 3rd floor Accra Ghana
DAVID ROBERTS LOAN COMPANY INC.
OF
No. 1 Jermyn Street London, SW1Y 4UH United Kingdom
(Herein after referred to as the "Lender") of the one part;
AND
XXX
(Herein after referred to as the “Borrower") of the other part.
WHEREAS
(A) At the request of the Borrower, the Lender has agreed to grant a loan to the Borrower for the sum of Seven Hundred And Fifty Thousand (750,000.00) CHF only at 2% interest (hereinafter referred to as "the Loan”).
The individual borrowers are jointly and severally liable to the Lender for the full principal amount.
Payment: This Loan will be repaid in 60 consecutive installments of 788,749.20 on the anniversary date of the execution of this Agreement with the balance then owing under this Agreement being paid at the end of its term.
Repayment shall start in THREE MONTHS time after the loan has been transferred note that you will be given Two Months of Grace.
Default: Notwithstanding anything to the contrary in this Agreement, if the Borrower defaults in the performance of any obligation under this Agreement, then the Lender may declare the principal amount owing and interest due under this Agreement at that time to be immediately due and payable.
Additional Clauses: Borrower promises to pay in interest 38,749.20 to Lender at the end of 5 years from date of signing of this Agreement.
(3) Lender promises to deliver to XXX the sum of Seven Hundred And Fifty Thousand (750,000.00) CHF Within 24 working hours of signing of this Agreement.
LOAN REPAYMENT SCHEDULE:
Loan Balance: 750, 000.00 CHF
Loan Interest Rate: 2%
Loan Term: 5 years
Monthly Loan Payment: 13,145.82
Number of Payments: 60 Months
Cumulative Payments: 788,749.20
Total Interest Paid: 38,749.20
Note: The monthly loan payment was calculated at 59 payments of 13,145.82 plus a final payment of 13,145.82.
Whereas the Undersigned Parties wish to enter into this agreement to define certain parameters of their future legal obligations, and considering their mutual promise herein and other good and valuable considerations the receipt of which is acknowledged hereby, the Parties here to mutually and voluntarily agree as follows:
1. The parties hereto and/or their affiliates of what-so-ever nature shall not, in any manner solicit and/or accept any business from sources that have been made available by and through the parties hereto, nor in any manner shall access, contact solicit and/or conduct any transaction with such said sources, without the expressed and specific permission of the party who made such said sources available.
2. The Parties shall maintain complete confidentiality regarding each other's business and/or their affiliates and shall only disclose knowledge pertaining to these specifically named Parties as permitted by the concerned Party, unless agreed and granted an expressed written permission of and by the Party whom made the source available.
3. The Parties shall not in any way whatsoever circumvent each other and/or attempt such circumvention of each other and/or any of the parties involved in any of the transactions the Parties wish to enter and to the best of their abilities shall ensure that the original transaction codes, data and proprietary information established are not altered.
4. The Parties shall not disclose any contact revealed by either Party to any third Parties as they fully recognized such information and contract(s) of the respective Party, and shall not enter into direct and/or indirect offers, negotiations and/or transaction with such contacts revealed by the other Party who made the contact(s) available.
5. In the event of circumvention by any of the undersigned Parties, whether direct and/or indirect, the circumvented Party shall be entitled to a legal monetary compensation equal to the maximum service it should realize from such a transaction, plus any and all expenses, including any and all legal fees incurred in lieu of the recovery of such compensation.
6. All considerations, benefits, bonuses, participation, fees, and/or commissions received as a result of the contributions of the Parties to this agreement, relating to any and all transactions shall be allocated and distributed as mutually agreed. Specific arrangements, for each transaction shall be made available and/or submitted to the recipient on the very day due and payable as per each and every transaction, unless otherwise agreed.
7. It is further agreed that any controversy, claims, and or dispute arising out of and/or relating to any part of the whole of this agreement or breach thereof and which is not settled between the signatories themselves, shall be settled and binding by and through arbitration in accordance with the rules and through the institution of the International Chamber of Commerce. Any decision and/or award made by the arbitrators shall be final, conclusive and binding for the Parties and enforceable in the Court of Law in the Country of choice of an award by the arbitrators.
8. This Agreement shall be binding upon the Parties hereto and in the case of Individual parties, their respective heirs, administrators and executors and in the case of all corporate Parties, their successors and assigns
a) The non-circumvention damages, i.e., the total commissions, fees, or profits which would have been due, and;
b) All loss sustained by the non defaulting party by reason of such breach, and;
c) All expenses incurred in enforcing any legal remedy rights based upon or arising out of this Agreement.
9. This Agreement shall be binding upon the Parties hereto and in the case of individual parties, their respective heirs, administrators, and executors, and in the case of all corporate parties, their successors and assigns.
10. Signature of this agreement shall be deemed to be an executed agreement enforceable and admissible for all purposes as may be necessary under the terms of this agreement.
11. All signatories hereto acknowledge that they have read and each Party fully understands the terms and conditions contained in this Agreement and by their initials and signature hereby unconditionally agree to its terms as of the date noted herein.
12. The purpose of this instrument is to establish an internationally recognized Non- Circumvention, Non-Disclosure, and Working Agreement between the participating Parties. This and future transactions shall be conducted under the guidelines of the International Chamber of Commerce.
This agreement may be signed in one or more counterparts and the Parties agree that facsimile copies of this Agreement to be considered as a legal original and signatures thereon shall be legal and binding
13. Severability: The clauses and paragraphs contained in this Agreement are intended to be read and construed independently of each other. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
14. The Borrower and the Lender hereby agree that this Loan Agreement shall be governed by the laws of Singapore, Malaysia, South Africa, India, Europe and USA without regard to the principles of conflicts of law.
IT IS HEREBY AGREED BY THE PARTIES AS FOLLOWS:
15. The Lender shall, upon the terms and subject to the conditions contained in this Loan Agreement, make available the Loan to or for the benefit of the Borrower provided the Lender shall not be under any obligation to ensure that the Loan is utilized by the Borrower for the purpose it was requested for.
16. The Lender's obligations to make available the Loan shall be subject to if the Loan Agreement is duly executed and stamped.
17. The Borrower shall repay the Loan by [date of repayment]. The Loan shall be repaid in full and shall carry interest. However the Borrower may repay the Loan or any part thereof early but may not re-borrow any amount repaid.
18. The Borrower shall make payment to the Lender in respect of the Loan without any deduction or set-off.
19. Notwithstanding anything herein contained, the Loan will become due and payable or repayable forthwith on demand by the Lender if:
(a) The Borrower is in breach of any of the provisions of this Loan Agreement; or
(b) The Borrower is in default of any other financial obligation to any person or party; or
(c) The Borrower makes or seeks an arrangement with its creditors, or
(d) Any distress or execution is levied on or affects any of the Borrower's property or assets; or
(e) Any legal action or proceeding is commenced against the Borrower.
20. Any demand or notice in respect of this Loan Agreement and/or the Loan shall be in writing and may be served on the Borrower personally or by post to the address as stated above.
Any such demand or notice delivered personally shall be deemed to have been received immediately upon delivery. Any such demand or notice sent by post shall be deemed to have been received at the opening of business on the first working day following the day on which it was posted, even if returned undelivered.
21. Time shall be of the essence in respect of the Borrower's obligation under or in respect of the Loan but no failure by the Lender to exercise or delay by the Lender in exercising any right or remedy under or in respect of this Loan Agreement shall operate as a waiver of it, nor shall any single partial or defective exercise by the Lender of any such right or remedy preclude any other or further exercise of that or any other right or remedy.
22. This Agreement may only be amended or modified by a written instrument executed by both the Borrower and the Lender.
This Loan Agreement represents the entire agreement about this subject matter and supersedes prior negotiations or agreements. All prior agreements, understandings, representations, warranties, and negotiations between the Borrower and the Lender about the subject matter of this Loan Agreement merge into this Loan Agreement
23. This Loan Agreement shall be binding upon the heirs, personal representatives and successors in title of the Borrower and the Lender.
24. General Provisions: Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the Singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
25. Processing: Borrower is entitled to pay 38,000.00 CHF for the Loan processing and collateral security charges of the loan and it must be paid before any transfer can take place.
26. No Early Repayment Penalty.
27. It is noted that this Funding is Non Criminal and Not Related to any Terrorist Groups to comply with the Switzerland Government’s Patriot Act. To the understanding of every reader of this agreement make the individual assured that this loan is legal.
AS WITNESS WHEREOF the Borrower and the Lender have hereunto caused this
Loan Agreement to be executed as of the date first above written.
XXX
SIGNED by the BORROWER: DATE: 2nd October 2014
DAVID ROBERTS LOAN COMPANY INC.
SIGNED by the LENDER: DATE: 2nd October 2014
SIGNED by the WITNESS: DATE: 2nd October 2014
