Terms and Conditions pertaining to Commercial Loan Agreement
The “Date” retained for this agreement will be based on the Submission Date of the Fund Request Form.
For value received, the undersigned EXPAT US, LLC (the "Borrower"), at 747 Third Avenue, 2 Fl, New York, New York 10017, promises to pay to the order of the "Lender", at a place the Lender may designate in writing in a separate email, the Funds that will be requested on every different instances.
Such instances are in the format of separate Funds Request Forms (“the “Forms”) with interest calculated on the funds advanced, on the unpaid principal at the rate of 1% per total amount borrowed.
I. TERMS OF REPAYMENT
Unpaid principal after the Due Date shown below shall accrue interest at a rate of 5% annually until paid.
The unpaid principal and accrued interest shall be payable within 30 days after Borrowed Funds clear the Borrower’s Bank account, (the "Due Date Timeline"), at which time the remaining unpaid principal and interest shall be due in full.
B. Application of Payments
All payments on this Note shall be applied both in payment of accrued interest and in payment of principal.
C. Late Fee
The Borrower promises to pay a late charge of $50.00 for each installment that remains unpaid more than ten day(s) after its Due Date. This late charge shall be paid as liquidated damages in lieu of actual damages, and not as a penalty. Payment of such late charge shall, under no circumstances, be construed to cure any default arising from or relating to such late payment.
D. Acceleration of Debt
If any payment obligation under this Note is not paid when due, the remaining unpaid principal balance and any accrued interest shall become due immediately at the option of the Lender.
The Borrower reserves the right to prepay this Note (in whole or in part) prior to the Due Date with no prepayment penalty. Any such prepayment shall be applied against the installments of principal due under this note in the inverse order of their maturity and shall be accompanied by payment of accrued interest on the amount prepaid to the date of prepayment.
III. COLLECTION COSTS
If any payment obligation under this Note is not paid when due, the Borrower promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process.
If any of the following events of default occur, this Note and any other obligations of the Borrower to the Lender, shall become due immediately, without demand or notice:
1) the failure of the Borrower to pay the principal and any accrued interest when due;
2) the liquidation, dissolution, incompetency or death of the Borrower;
3) the filing of bankruptcy proceedings involving the Borrower as a debtor;
4) the application for the appointment of a receiver for the Borrower;
5) the making of a general assignment for the benefit of the Borrower's creditors;
6) the insolvency of the Borrower;
7) a misrepresentation by the Borrower to the Lender for the purpose of obtaining or extending credit; or
8) the sale of a material portion of the business or assets of the Borrower.
V. SEVERABILITY OF PROVISIONS
If any one or more of the provisions of this Note are determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative.
All payments of principal and interest on this Note shall be paid in the legal currency of the United States. The Borrower waives presentment for payment, protest, and notice of protest and demand of this Note.
No delay in enforcing any right of the Lender under this Note, or assignment by Lender of this
Note, or failure to accelerate the debt evidenced hereby by reason of default in the payment of a monthly installment or the acceptance of a past-due installment shall be construed as a waiver of the right of Lender to thereafter insist upon strict compliance with the terms of this Note without notice being given to Borrower. All rights of the Lender under this Note are cumulative and may be exercised concurrently or consecutively at the Lender's option.
This note may not be amended without the written approval of the holder.
VII. GOVERNING LAW
This Note shall be construed in accordance with the laws of the State of New York.
This Note shall be agreed by Expat US, LLC at the time of Form Submission and by the Lender emailing an acknowledgment email at the time of Funds issuance.
IN WITNESS WHEREOF, this Agreement has been executed and delivered in the manner prescribed by law as of the date first written above.
The date retained for this agreement will be based on the Submission Date of the Fund Request Form submitted.