FINA
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NCING AGREEMENT
THIS FINANCING AGREEMENT (this “Agreement”), is executed as of this [date] day of [month],
[year] (the “Effective Date”) by and between REGINALD ANIM, whose address is at 1ST
KAAJANO STREET F375/3, P.O BOX OS 3314, ACCRA- GHANA, hereinafter referred to as the
“Borrower” which expression unless repugnant to the context shall mean and includes its legal
representatives, assignee, nominee(s) and administrator; and ABRAHAM CHOI, on behalf of
SIMPLE DEALER COMPANY LTD. located at 24 DRYBURH HOUSE, LONDON SW1V 4ET,
UNITED KINGDOM, hereinafter referred to as the “Lender” which expression unless repugnant to
the context shall mean and includes its legal representatives, assignee, nominee(s) and
administrator;
WHEREAS the Borrower is an employee of the Lender.
WHEREAS the Borrower seeks to further his studies in Computer Science, and is in need of
financing from the lender, at the request of the Borrower, the Lender has agreed to finance the
Borrower and advance him a sum of $45,000/- towards his school fees and related expenses at
[insert name of the school] on terms and conditions hereinafter contained.
The parties agree as follows:
1. Amount Advanced: The Lender agrees to advance the Borrower an amount
totaling $45,000/- (“Advanced Amount, and in accordance with the terms set forth below.
2. Interest: The Principal Balance shall bear interest at the rate of % per annum,
accruing daily. Notwithstanding, the total interest charged shall not exceed the
maximum amount allowed by law and the Borrower shall not be obligated to pay
any interest in excess of such amount.
3. Repayment of Advanced Amount: The Borrower is an Employee of the Lender,
and is paid a monthly allowance of $2000/- per month. The parties agree that the
lender shall deduct $1300 from the Borrower’s monthly allowance until payment of the
advanced amount in full.
4. Prepayment: The Borrower has the right to prepay all or any part of advanced
amount until payment in full.
5. Costs and Expenses: Borrower shall pay to the Lender all costs of collection,
including reasonable attorney’s fees, the Lender incurs in enforcing this
Agreement.
6. Waiver: The Borrower and all sureties, guarantors and endorsers here of, waive
presentment, protest and demand, notice of protest, demand and dishonor and
non-payment of this Agreement.
7. Successors and Assigns: This Agreement will inure to the benefit of and be
binding on the respective successors and permitted assigns of the Lender and the
Borrower.
8. Amendment: This Agreement may be amended or modified only by a written
agreement, duly signed by both the Borrower and the Lender.
9. Notices: Any notice or communication under this Loan must be in writing and sent
In-Person Delivery only.
10. No Waiver: Lender shall not be deemed to have waived any provision of this
Agreement or the exercise of any rights held under this Agreement unless such
waiver is made expressly and in writing. Waiver by Lender of a breach or violation
of any provision of this Agreement shall not constitute a waiver of any other
subsequent breach or violation.
11. Severability: In the event that any of the provisions of this Agreement are held to
be invalid or unenforceable in whole or in part, the remaining provisions shall not be
affected and shall continue to be valid and enforceable as though the invalid or
unenforceable parts had not been included in this Agreement.
12. Assignment: Borrower shall not assign this Agreement, in whole or in part, without
the written consent of Lender. Lender may assign all or any portion of this
Agreement with written notice to Borrower.
13. Governing Law: This Agreement shall be governed by and construed in
accordance with the Laws of the State of Delaware, not including its conflicts of law
provisions.
14. Disputes: Any dispute arising from this Agreement shall be resolved in the courts
of the State of Delaware.
15. Entire Agreement: This Agreement contains the entire understanding between the
parties and supersedes and cancels all prior agreements of the parties, whether
oral or written, with respect to such subject matter.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
stated above.
EXECUTED on behalf of SIMPLE DEALER
by:
1.
……………………………………………
…
Signature
………………………………………….
ABRAHAM CHOI
EXECUTED on behalf of REGINALD ANIM
by:
1. ………………………………………………
Signature
……………………………………….