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BETWEEN
LENDER:
AND
.
RECITALS:
WHEREAS
ARTICLE 2:
2. The purpose of the present agreement is to define the contractual relation between the
First and Second Party and to make way for the next Memorandum/Contract which shall
be to cover the capital investment which shall take place after the release of Funds.
3. Subject to the terms and upon the conditions set forth herein, throughout the duration of
this agreement, the First Party hereby accepts to make available to the Second Party the
amount of (US$ ………………………….) as an External Private Partnership Funding
(PPF) for the purpose of Acquisition and repositioning of Summertime Apartments
Portfolio in ……………………………….. sign……..
ARTICLE 4: PURPOSE
4.1 The provision of the fund is to enable the Second Party, secure a working capital Plan
for the above mentioned investment (The Project) of which the Funding is granted and as
well enables First Party’s representative to inspect the Project whenever necessary to
ascertain progress of project.
The duties of the First Party, under the terms and conditions of this non-binding
agreement shall be as follows:
5.1 To make available the sum of (US$..................................), to the Second Party and
Second Party shall guarantee 2.5% interest on the investment for a period of 20 years
(Twenty calendar years) with option of an extension of tenure as long as there exist no form
of default by Second Party.
5.2 To arrange a meeting with the Second Party’s representative to sign the final legal
document/agreement and release/disbursement of the fund in favor of the Second Party
through an SPV account established by Second Party with the First Party’s affiliate bank.
Alternatively, for any reason that First Party’s representative cannot travel, disbursement
will be effected through First Party’s bank to the nominated account in the name of the
Second Party.
5.3 First Party is under obligation to submitting all relevant documents to the Financial
Regulatory Authority to ensure swift transfer of funds to Second Party’s bank coordinates.
The Duties of the Second Party, under the terms and conditions of this agreement shall be
as follows:
6.1 To be available at First Party facilitator’s office in any of our affiliate offices in Turkey,
Dubai, South Africa to sign contract before Fund disbursement. (Electronics mails signing
of the Agreement is acceptable if agreed by both parties).
6.2 To provide to First Party, with any relevant documents pertaining to the
project/company (the Project) and to ascertain that the project is eligible for First Party’s
capital fund.
6.3 Borrower’s obligation to this funding of US$ ………. consists insurance fee of (5%)
……… covering: - SPV account clearance, Project registration with the ministry of
finance.
6.4 Borrower will pay the funding of insurance fee of (5% )……… which the borrower
will fill above that’s covering: - SPV account clearance assets as collateral for the Loan and
this will be covered in the loan agreement.
Note: The above listed under 6.3 are payable upon the signing of the contract at
facilitator’s office in Turkey, Dubai, South Africa and related documents must be
presented to the Bank to allow for the transfer of funds in conformity with the
International laws on External Private Partnership Funding (PPF).
7.1 This Agreement may be amended only by a written document signed by either parties
or duly authorized representatives.
7.2 In event that this agreement is translated into any other language, the English version
hereof shall govern.
ARTICLE 8: CONFIDENTIALITY
The parties hereto agree to respect the confidential nature of information which they
receive during the term of this agreement, including information concerning the project as
well as bank’s information of the parties or the signatory of this agreement, and they
undertake to keep such information strictly confidential during the said term, and after the
termination.
I wish to apply for a loan from Mequity Limited Bank as detailed on this
Agreement form.
I confirm that the information on this Agreement Form is correct to the best of
my knowledge and agree that Mequity Limited Bank. May make any inquiries
it deems fit regarding this agreement.
……………………………….
Name:
Title: Director Mequity Limited Bank Investment Fund