This Agreement dated this GANESAN A/L MUTHU @ SUNDARAJU , is mace and
‘enteredtinto
BETWEEN
CSA Infinite Consultancy (business reglstation no. 002836636-W) having is business
address at No 60-2, Jalan Puteri 2/4, Bandar Puteri 47100 Puchong, Selangor Darul
Ehsan (hereinafter refented fo as “the Lender") ofthe fist par
AND
GANESAN A/L MUTHU @ SUNDARAJU (NRICNo: 701216-01-5925) {horcinatier
referred to os "the Borrower") a Malaysian citizen of NO. 16, JLN SELASIH 9, TAMAN.
KEMAS, JOHOR BAHRU, JOHOR of the other part
The Borower and the Lender shall be referred to inalvdually as “the Party” and
collectively as “the Pasties”.
WHEREAS
The Borrower has requested ond the Lender has agreed 10 grant fo the Borrower an
interest free loon based on the fetms and consiions asset out herein below.
1. The toan
In consideration of the Borower undertaking fo perforn the terms and consition of
this Agreement, the Lender hereby agrees fo grant fo the Borower ard interest flee
Irienaly loan amounting to RM 316971.00 (Ringgit Malaysia Only } (hereinafter
rolered to at “the sold Loan") and the Borrower hereby agrees fo accept the said
Loan upon the terms ond conditions herein appearing.
2. Botrower Acknowledges receipt of he sald Loon
The Borrower hereby acknowledges receipt ofthe sold Loan from the Lender on the:
date ofthis Agreement
3. Repayment
‘he Borrower shall pay to the Lender the said Loon within 30 days frem the date of
this Agreement [hereinatler teferted to as “the Due Date")
4. Events of Default,
\Without prejudice fo the Lenders right fo demand for payment herein contained,
{ne whole ofthe said Loan or any part thereof that ssi outstanding shall
immediately become due and repayable, whether formally demanded or not, by
the Borrower fo the Lender and the Lendl, shal forthwith become eniled to
Page 11recover the same and to exercise the Lender's ights and powers upen the defcult
‘of any terns and conditions ofthis Agreement including but no! nited fo the
‘occurence of any ofthe folowing events
(0) _ifdetoutis made by the Borrower inthe repayment to the Lender of the soid
Loan or any part oft thereof after the same shall have become due By the
Borrower to the Lender whether formally demanded or net, or
[b} ithe Borrower fails to comply withthe inskuctions or demand ef the Lender
‘after the expiration ofthe notice period set out in Clause 17 herein below: or
[c} ithe Borrower fais fo observe or perform any of the agreements covenants
stipulations terms anc! conditions on the par! of the Bortawer lobe observed
Cor performed under this Agreement, or any other documents evidencing the
said Loan: or
|} ifthe Borrower enters into any composition or arrangement with or for the
benefit ofthe crecitors of he Borrower or claws any judgments against the
Borrower fo remain unsotsied for @ period of fourteen (14) days: or
{e} ifthe Borower s presented with a bankruptcy petition; or
11) ifcany representation or warranty made herein or Implied to be given or mede
by the Borrower proves fo have been incorrect or misleading in paticules)
deemed to be material by the Lender as ofthe date at which ft was made or
deemed made: or
{a} Rony event or events has or have occurred or a situation exits which could
‘ormight. inthe opinion of the Lender prejudice the abilty of the Borrower to
ppetform its obigation under this Agreement; or
(n}__ ifthe Borrower corms or threatens to commit any breach ofthe terms andl
Cconaitions of this Agreement or of any of the terms and obligations of any
secutly documents entored or o be entered by the Borrower with the Lender
corwith any thie party and which are known to the Lender asthe case may
beioe
(0 itthere has or have been @ material change, in the opinion of he Lender of
the financial positon of the Borrower: oF
where legal action or proceedings are threatened or have been instluted
‘aggirst the Borrower andi the opinion of the Lender the repayment of the
said Loan is or may be jeoparcizedt or
(where the Borrower goes into default under, or commits a breach of, ony
lnstument or agreement relting fo any indebtedness or
(the Borrower is prosecuted under any low. serves any custody sentence,
become insane or de: or
[m) the Boxrower is unable fo pay its debts as they fall due or stops payment
generally or commences negotiation with its creditors with a view 10.0
‘general readjustment or rescheduling of any indebtedness or compounds or
enters into any arrangement with or make any essignment fore benef of
is creditors or attempts to do any ofthe foregoing [except as pat of or
pursuant fo @ scheme of reconstuction or amalgamation with he prior
‘approve in writing of the Lender)
age 255. Rights upon Default
In edaiion to the remedies set out in this agreement, the Lender shall be at iberty
‘and without prejudice to the said remedies to proceed or commence agaist the
Borrower any claims actions sults civil proceedings of any nature and by law
prescribed at any ime at the absolute lscrelion of the Lender.
4, Agreement and Secutly Valid Notwithstanding Inegularty
This Agreement shall not be prejudiced, cminished or affected by:
(0) any failure or waiver or omision by the Lender to take or enforces right fo
Clcim the repayment ofthe said Loan:
(&) the Lender giving or granting any other indulgence to the Brower,
(c} the death, bankruptcy or insanity of any of the Girectors or the winding up of
the Borowe,
2 Representations and Warranties
In consideration ofthe Lender agreeing lo grant the sold Loan to the Lender,
the Borower hereby represents} and warrant{s} fo and undertake(s) with the
Lender that at all times before the said Loan is uly repaid:-
(fo) that the Borrower and any party providing or which shall hereatter from time
totime provide any guarantee or secutily to secure the payment or
repayment of the said Loan or any pat thereat including but nat limited to
the Borrower hereto each has the power or capaciy fo execule, deliver and
petform the term ofthis Agreement;
() hal hs ard any other document relaing fo this Ayoement Constiutes the
legal, valid and bincing objigations of the Borrower and, where applicable, of
‘any party providing or which shall hereafter from me to time provide any
guarantee or security fo secure the payment or repayment of fie
indeotedness or ny part thereof including but not limited to the Borrower
hereto in accordance withthe terms ofthis Agreement:
(c} that the execution, delivery ond performance ofthis Agreement by the
Borrower and, where applicable, any party providing or which shall herectter
from time to ime provide ony guarantee or secuity o secure he payment or
repayment of the soid Loan or any part therect including but nat tiited to
‘ne Borrower hereto do nat and will not violate or contravene the proviions
of
{) _onylaw, orequiation, or any order. or decrees of any governmental
couthoriy, agency or court fo which any of them i subject
1H) any contract of whatever nature, or other undertaking, or instrument,
fowhich any of them is.@ porty or which are binding upon any of them
‘any of thet assets and willnot result in the creation, imposition of, or
Page |3‘any obligation fo create, or impose, any mostgage. len pledge or
‘charge on any of thet assels pursuant fo the provisions of any.
such contract, or ether undertaking, orinskument:
{4} ne act of bankuptey proceedings have been committed by the Borrower
‘and any party providing or which shall hereafter from time to fine provide
‘any guarantee or securily fo secure the payment or repayment of the said
Loan or any part thereof including but not limited fo the Borrower hereto fi
ony):
fe} nosteps have been taken or are being taken fo appoint a receiver, receiver
‘ond manager or iquidator fo take over or fe wind-up the Borrower
(1) The Borrowers notin default under any agreement fo which the Boxrower
‘may be bound and ne prosecution, Itigation, arbitration or administative
proceedings are presenily curtent or pending or threatened which
prosecution, default tigation, arbitration or administrative proceedings as the
ase may be might materially affect the Borrower's solvency and might
impair the Borower'sabily fo perform my obligations under Ihé Agreement:
8. Special Covenant
The Boxrawer acknowledges, confim and agree that the granting of he Loan by
the Lender to the Borrower does nol conkravene the Moneylenders Act 1951
9. Defects in Borrowing Power
‘Where any moneys ate owing and secured by this Agreement they stall be deemed
0.be s0 owing and so secured notwithstanding any defect informally regulary or
insufficiency in the borrowing powers ofthe Borrower fo accept the scid Loan or of
‘any director attomey pariner agent or other person purporting fo acton behaif of
the Borrower orin the exercise thereof which might be a defense as between the
Borower and the Lender.
10.Walver
No failure or delay on the port ofthe Lender in exercising nor any omision fo
‘exercise ony right, power, privilege or remedy accruing to the Lender hereunder
‘Upon any default on the part of the Borrower nor the fact thatthe Lender may have
‘occepted ony moneys from the Borrower or any other person after such default shal
impair any such right, power, privilege or remedy or be consiued as « waiver
thereof or any acquiescence fo such default, nor shall any action by he Lender in
respect of any default or any ocauiescence to such default, affect orimpair any
ight, power, prvlege or remedy of the Lender in respect of any other or subsequent
default, reach or omision111. Amendments and Severability
[6] Noprovisions of this Agreement may be voiced, amended, waived,
ischarged. absolved or terminated without the express wrtlen approval of
the Parties nor may any default, breach or omission of any provisions ofthis
‘Agreement be waived or condoned orally.
(b) fot any ime during the curtency ofthis Agreement any provision conation
term stipuation covenant or undertaking ofthis instrument is orbecomes
legal, void, invalid, prohibited or unenforceable in any respect the same
shailbe ineffective fo the extent of such ilegaly, voidness, vali
prohibition or enforceability without invalidating in any manner whatsoever
the remaining provisions hereof or thereof,
12,Time
Time wherever mentioned in this Agreement shall be of the essence,
18, Applicable Laws
This Agreement shail be governed by ond construed in all espects in accordance
vith the lows of Malaysia but in enforcing this Agreement, the Lender shall be at
Iberty to iniate ond take actions or proceedings or otherwise agaist the Borrower
in Moloysia and/or elsewhere as the Lender may deem fi ond! the parties hereto
hereby ogtee that where any actions or proceedings are iifated and taken in
Malaysia the Borrower shall submit fo the non-exclusive jursciction of the Courts of
Malaysian in all matiers connected with the obligations and faites of the Parties
hereto under oF arising out of this Agieement and the service of any writ of
summons or any legal process in respect of any such action or proceedings may be
effected on the Borrower by forwarding a copy of the wit of summons, statement
of claim or other legal process by prepaid registered post to the addkess os
Indicated herein or in such manner or made as a court of competent jtsciction
may order or rect.
14.Indernity
The Borrower shall al all limes hereafter save hamless and keep the Lender
Indermniied against any and all expenses costs actions proczedings claims
demands penalies damages and abilies which may be brought cr made against
or incured by the Lender by reason or on account of non-observarce of olor any
of the stipulations on the par! of the Borower contained in this Agreement or
otherwise howsoever owing out of or in connection with this Agreement.
Page [515.costs
a] The Borrower shail be lable forthe solicitors’ costs in the preperation of this
‘Agreement, the stamp duly payable thereon and all other necessary
expenses.
(b} _Allcosts and expenses incurted in he execution performance and
‘enforcement of his Agreement in the enforcement of any judgement against
the Borrower for the recovery of monies covered by ths Agreement shall be
recoverable from the Bor;ower on a ful indemnity bass,
16. Severability
If any of the proviions of this Agreement is found by a court of competent
juredition to be void o¢ unenforceable, in whole or in part, under any enaciment
fr ule of law, such provision shall be deemed fo be deleted from this Agreement
and the remaining provisions of this Agreement shall remain in ful ferce ond elfect.
Notwithstanding the foregoing the partes hereto shall thereupon negotiate in good
faith in order fo agree on the teams of a mulvally satisfactory provision to be
substituted forthe provision so found to be void or unenforceable,
V7.Notice
‘Any notice under this Agreement shall be in waiting in the Engish Language ond
shail be deemed fo be sufficiently served if the some is sent or addressed fo any
porty by registered post fo the address hereinbefore mentioned or fo the last knowin
‘address and shall be deemed to have been received within Three (3) days
folowing Ihe dole il wus pusleds If Ihe notice & tkarsmied by the way of facsimile
‘ransmisson, it shall be deemed fo have been received on the day immediately
folowing the dote of transmission subject fo the receipt of a confimmed tronsmision
repot by the sender,
18,
leadings
The heading of each of the provisions herein conisined are inserted merely for
convenience of reference ond shall be ignored in the inteppretation and
construction of any of the provisions herein contained,
19, Successors Bound
Ths Agreement shall be binding upon successorsiille ancfor personal
representalves of the Borrower and on the assigns and successowintite andor
personal representatives of the Lender and persons deriving thereuncer.
Page 1620. Definition
In this Agreement where the context so admits words importing the moscuine
gender shail be deemed fo include the feminine and neuter genders and words
importing the singular number shal include the plural and vice versa,
‘THE REST OF TH PAGE IS DELIBERATELY LEFT BLANK =
IN WIINESS WHEREOF the pasties hereto have hereunto set thei hands the day and
year frst above-waition,
Signedtby fr and on behalf of he Lender)
Inthe presence of )
Nome:
RIC No:
Signed by the Borower }
Inthe presence of 1
1
,
Name:
Rte No:
rage 7