Debt contract (presentational)

Debt contract (presentational)

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Debt contract (presentational)
DEBT CONTRACT (PRESENTATIONAL) № N_____
Cape Town

I (Me) ___________________________________________________, hereinafter referred to as DEBTOR, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as LENDER, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, as the other party and together «the PARTIES» concluded the following Debt contract (presentational) (hereinafter — the Contract):

ARTICLE 1. CONTRACT SUBJECT

1.1. The LENDER undertakes giving the DEBTOR the money at a rate of and on the conditions specified in the Term liability (Annex № 1 to the present Contract).
ARTICLE 2. LOAN GRANTING ORDER

2.1. The loan is issued at the time of DEBTOR application.
2.2. The DEBTOR has right to receive a loan within 7 (seven) calendar days from the date of signing the Contract.
ARTICLE 3. THE LOAN USAGE AND RETURN ORDER

3.1. Loan return is to be made by the DEBTOR on the conditions provided in the Term liability (Annex № 1 to the present Contract).
3.2. Loan return is made by money transfer to the LENDER with drawing up the Receipt on a loan return or money transfer to the LENDER account.
3.3. At penalty calculation the actual quantity of calendar days in period when payment is made is considered, and a real number of calendar days in a year (365 or 366).
3.4. The DEBTOR has the right to return the loan or its part without its minimum part restriction in advance.
3.5. The date of loan return (repayment of the basic debts, interest for using a loan, the penalty) under the Contract is the date of money entering (payment) in the LENDER cash desk or money receipts on the LENDER account.
3.6. Loan return and also percent payment for using a loan and penalties can be carried out on a non-working (day off, celebratory) day not changing the transfer term (payment entering) of money by the LENDER.
3.7. DEBTOR refunds all expenses connected with loan return (debts collecting) under the Contract to the LENDER, including full representative fee on the basis of the Contract of legal service rendering.
3.8. The LENDER is the tax agent according to article 24 of the Tax code of the Russian Federation.
3.9. Verification is done at the request of one of the Parties, and its results are documented in the Certificate of verification and settlement.
3.10. Conditions of the loan sum return can be also provided by the Term liability (Annex № 1 to the Contract).
ARTICLE 4. PARTIES RIGHTS AND OBLIGATIONS

4.1. The LENDER undertakes the loan giving out upon the DEBTOR application according to the conditions of article 2.1 and article 2.2 of the Contract in cash on the day of application submission.
ARTICLE 5. THE BASIS AND ORDER OF THE CONTRACT TERMINATION

5.1. The LENDER has the right to terminate the Contract with the DEBTOR on the conditions provided by the Term liability (Annex № 1 to the Contract).
5.2. Present Contract termination is fulfilled as written corresponding notice direction to the DEBTOR by the certified mail or the telegram with confirm on receipt.
This Agreement shall be deemed terminated from the date of delivery (receipt) of the above notice. The date of delivery (receipt) of the above notice is the date of delivery indicated on the return receipt to the sending party or another document with indication of the source of information.

ARTICLE 6. PARTIES RESPONSIBILITIES

6.1. At untimely loan return and-or payment of percent for its usage, the DEBTOR pays the LENDER a penalty at a rate of 0,05% from the sum of untimely made payment for each calendar day of obligations delay. The penalty for untimely loan return, percent for using a loan are paid by the DEBTOR in loan currency.
6.2. The term readout charging percent for using a loan starts the next day after the loan sum delivery for the DEBTOR and comes to an end with date of the DEBTOR definitive repayment of formed debt in connection with loan return.
6.3. The LENDER shall have the right to suspend the fulfilment of obligations under this Contract until the corresponding violations are eliminated in the following cases:
6.3.1. in case of signing of the Contract with the Statement of Disagreements by the DEBTOR without prior harmonization of these disagreements with the LENDER
6.3.2. In case of DEBTOR breach of the Contract and/or Annexes thereto, provided for in par. 4.5 of the Contract.
6.3.3. In case of  DEBTOR breach of the procedure for signing the Contract and/or Annexes thereto, provided for in par. 7.10. of the Contract.




ARTICLE 7. OTHER PROVISIONS

7.1. The present contract comes into force from the moment of signing and operates before full obligations execution by the PARTIES is made.
7.2. The DEBTOR enters the present Contract not aiming to receive any results, data, information etc. for personal, family or any domestic usage. The DEBTOR carries out business activity only.
7.3. Changes and additions to the present Contract, except the cases provided by article 4.2.1 of the present Contract, are valid, if they are made in writing and signed by the DEBTOR and the LENDER.
7.4. In case of dispute of questions provided by the Contract occurrence, the Parties will take all possible means to avoid them by negotiations.
7.5. Any arguments appearing or that might appear upon the Contract (specific legal relation) between the SIDES also connected with its conclusion, execution (non-execution or incorrect execution), alteration, abrogation, ineffectiveness (fully or partly) shall be resolved by arbitration administered by the Arbitration Center at the autonomous non-profit organization "Institute of Contemporary Arbitration" in accordance with the provisions of the Arbitration Rules
7.6. The Parties hereby declare that in accordance with the para. 3 of the article 428 of the Russian Federation Civil code  neither Party was put in a position that comprises a significant hindrance to agreement upon another contents of particular terms of the present Contract as they had equal negotiating power, the terms of the present Contract were defined by the both Parties, and the negotiating power equality is evident. The terms of the present Contract have not been set forth by the Parties in blank forms or other standard forms. The Parties are entitled to enter any changes into the present Contract in case such changes are agreed upon by the Parties. The present Contract doesn't constitute a type of a joinder agreement.
7.7. The parties assure that this transaction is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another.
7.8. The LENDER gives the information on the present Contract conclusion and its conditions to the third parties only after the DEBTOR written approval except for the cases provided by the current legislation of the Russian Federation.
7.9. The DEBTOR has no right to transfer the rights under the Contract to the third parties without the LENDER written approval.
7.10. When signing this Agreement, each  page thereof  shall be  subject to  requisite handwritten signature.
7.11. To the extent not regulated by this Agreement the relations between the Parties should be regulated by material and processual law of the Russian Federation.
7.12. If any inconsistency in text in different languages of this Agreement is present, it should be ruled by the Russian language version.
7.13. The Contract is signed in two original copies, one for each PARTY, each having an identical validity.
7.14. All the Contract Annexs are being its integral part:
Annex № 1 — Term liability;
Annex № 2 — The DEBTOR application;
Annex № 3 — The loan voucher.
8. LEGAL ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
LENDER
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07                                                                                                  
Address No.1 Bridgeway                                                                                          
Century City,                                                                                                            
CAPE TOWN, R.S.A. 7441                                                                                      
Tel.: +2721 830-5465                                                                                          
Dir. Line: +2721 830-5465                                                                                          
An address of office is in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com

General manager
____________________________________________ Akenzua A.
L.S.
DEBTOR
Full name: ______________________
Nationality: _____________________
Date of birth: ___________________
Place of birth: ___________________
Residence: ______________________
Tel/Fax: _______________________
E-mail: _______________________
ID (name, series, number, delivery date, issued by, other info): ______________________




______________________________________FIO.
ANNEX №1
to the Debt Contract (presentational)
dd «__» _____ 20__№N_____

TERM LIABILITY
Cape Town «__» _____ 20__
1. The LENDER Under the Debt Contract (Presentational) dd «__» _____ 20__№N____ (hereinafter — the Contract) undertakes to land (issue) the DEBTOR once at any one time the money:
1.1. in amount of: 00 000 (Amount in word) rubles;
1.2. under percentage: 10% (ten) percent from loan amount;
1.3. terms of loan return: the moment of loan return is defined by the date the COMMITTENT membership in the system of club vacation (timeshare)sale according to the Commission Contract dd «__» _____ 20__№L_____, concluded by ALPA CONSULTING (PTY) LTD  (COMMISSION AGENT) and ________ (COMMITTENT);
1.4. loan return order: the loan sum is returned one step at a time

2. The DEBTOR Under the Contract undertakes to:
2.1. return the loan sum and to pay percent for using on conditions and in order, provided by the Contract and the Term liability;
2.2. to pay the percent added according to treaty provisions simultaneously with the sum of the basic loan return in case of under percent loan granting.

3. The DEBTOR is obliged to return the loan sum to the LENDER beforehand, in case of any of the following circumstances arising through the DEBTOR's fault:

3.1. upon unilateral termination of the Commission Agency Agreement
3.2.  _______ (COMMITTENT) not coordinated to ALPA CONSULTING (PTY) LTD  (THE COMMISSION AGENT) under the Commission Agency Agreemet of Intentions unilaterally (without agreement with the Commission Agent), it will perform actions that violate (in conflict with) the guarantees and assurances reached;
3.3. unilateral termination of the Debt Contract (Presentational) dd «__» _____ 20__№P_____, concluded by ALPA CONSULTING (PTY) LTD  (Performer) and ________ (Customer).

4. This Term liability is an integral part of the Contract.


LENDER
General manager
_________________________________________ Adio A.
L.S.
DEBTOR
________________________________________________Full name

1.1. The LENDER undertakes giving the DEBTOR the money at a rate of and on the conditions specified in the Term liability (Annex № 1 to the present Contract). 1.2. The DEBTOR shall return the LENDER the loan in terms and conditions set out by the Contract. 1.3. In case of delayed loan repayment, percentage for the entire loan period is to be paid.
2. The DEBTOR Under the Contract undertakes to:
• return the loan sum and to pay percent for using on conditions and in order, provided by the Contract and the Term liability;
• to pay the percent added according to treaty provisions monthly, and also simultaneously with the sum of the basic loan return in case of under percent loan granting.
3. The DEBTOR is obliged to return the loan sum to the LENDER beforehand, in case of any of the following circumstances arising through the DEBTOR's fault:
3.1. ________ (COMMITTENT) under the Agreement(Report) of In-tentions dd «__»_____ 20__ №B______, concluded by the Commit-tent and ALPA CONSULTING LIMITED (THE COMMISSION AGENT) refusal to sign the Commission Contract;
3.2. unilateral termination of the Commission Contract dd «__» _____ 20__№L_____,  concluded by  ALPA CONSULTING LIMITED (THE COMMISSION AGENT) and ________ (COMMITTENT);
3.3. ________ (COMMITTENT) not coordinated to ALPA CONSULT-ING LIMITED (THE COMMISSION AGENT) under Agreement (Re-port) of Intentions dd «__» _____ 20__ №B______, or the Commis-sion Contract dd «__» _____ 20__№L_____, unilaterally (not coordi-nated to the COMMISSION AGENT) makes actions that break (con-tradict) reached guarantees and assurance;
3.4. unilateral termination of the Debt Contract (Presentational) dd «__» _____ 20__№P_____, concluded by ALPA CONSULTING LIM-ITED (Performer) and ________ (Customer).
4.1. The LENDER undertakes the loan giving out upon the DEBTOR application according to the conditions of article 2.1 and article 2.2 of the present Contract in cash on the day of application submission.
4.2. The LENDER has right to:
4.2.1. Decrease the penalty size and-or establish a time period when the penalty is not raised at own discretion, notifying the DEBTOR unilaterally.
Penalty size decrease and-or establish a time period when the penalty is not raised, comes into force from the date specified in a corresponding notice for the LENDER;
4.2.2. Demand the DEBTOR ahead of schedule return of entire loan sum and pay due percent for using a loan, the penalty, provided by treaty provisions in a case of:
4.2.2.2. DEBTOR default or inadequate obligations execution (including unitary) on loan return and-or payment of percent for using a loan under the Contract;
4.2.2.2. DEBTOR obligations provided by article 4.3.2 of the present Contract default;
4.3. The DEBTOR is obliged to:
4.3.1. Issue the Term liability (Annex № 1 to the Contract) for loan reception.
4.3.2. Notify the LENDER on change of the registration address (residence permit), an actual residence, work, a surname, a name or other circumstances, capable of affecting the DEBTOR obligations execution under the Contract in time not later than 3 (three) working days.
4.3.3. Return all of a loan sum and pay due percent for using a loan, the penalty, provided by treaty provisions, in the cases listed in article 4.2.2 of the present Contract ahead of schedule on the LENDER request.
4.3.4. Concede no full or in partial rights and obligations under the Contract to the other person without LENDER consent.
4.4. The DEBTOR duties are considered to be properly and completely executed after the LENDER return of all sum of a loan, payment of percent for using a loan and the penalty according to the treaty provisions, defined on the date of a loan return, and the debts collecting reimbursement.
4.5 Not later than within 7 (seven) days from the date of receipt of the white copy of the Contract and / or Annexes thereto from the LENDER, in the absence of disagreements, they shall be signed and one copy of signed documents shall be returned to the LENDER
4.6. The DEBTOR has right to:
4.6.1. to reconcile mutual settlements;
4.6.2. to sign the Reconciliation and Settlement Report.

ANNEX №2
to the Debt Contract (presentational)
dd «__» _____ 20__№N_____

APPLICATION

Cape Town    «__» _____ 20__

The DEBTOR, Under the Debt Contract (presentational) dd «__» _____ 20__№N_____ (hereinafter — the Contract) requests the LENDER to issue the loan on the conditions specified in the Tern liability dd «__» _____ 20__№N_____  (Annex № 1 to the Contract
DEBTOR:
________________________________________________________
(Full name – filled in by the DEBTOR, signature)


ANNEX № 3
to the Debt Contract (presentational)
dd «__» _____ 20__№N_____

(filled in with the Debtor’s own hand)

RECEIPT FOR LOAN CONTRACTING

Cape Town «__» _____ 20__

I (Me), ______________________ (DEBTOR):
Nationality: __________________
Date of birth: ________________
Place of birth: _______________
Sex: ________________________
Residence: __________________
Tel/Fax: ____________________
E-mail: ______________________
ID (name, series, number, delivery date, issued by, other info): ____________________________
Actual residence: __________________________
The Employer name and residence: __________
Taxpayer ID (if avialible): __________________

Under the Debt Contract(presentational) dd «__» _____ 20__№N_____ received from ALPA CONSULTING LIMITED (LENDER), in the person of the General manager of Akenzua Adio, the sum of money that makes 0 000 (Amount in word) rubles.

ISSUED
lender
_______________________________________________________
(FULL NAME — filled in by the LENDER, signature)
ACCEPTED
debtor
________________________________________________________
(FULL NAME — filled in by the DEBTOR, signature)
APPLICATION
to the Debt Contract (presentational) dd «__» _____ 20__№N_____

Cape Town «__» _____ 20__

I (Me) __________________________________________________, hereinafter referred to as the Debtor as one party hereby request to the ALPA CONSULTING LIMITED, hereinafter referred to as the Lender,  in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, as the other party, as follows:

Under the concluded Debt Contract (presentational) dd «__» _____ 20__№N_____ (hereinafter — the Contract), transfer the received loan sum that makes 00 000 (Amount in word) rubles to the bank account Farlega Investment limited, 248 Geiger Road, Philadelphia, PA,ZIP 19115 BANK ACCONT DETALS branch IBU NICOSIA, 12 Esperidon str., CY-1087, Nicosia, Cyprus eur accont number 357004654523 IBAN NUMBER: CY680020019500 0357004654523, SWIFT: BCYPCY2N, telepfone +357 22 125 182, fax +357 22 374 839 that shall confirm the Service payment according to the Commission Contract of Independent Examination carry out dd «__» _____ 20__№ P_____ concluded between ALPA CONSULTING LIMITED (AGENT) and ________ (PRINCIPAL).
From the moment of transferring the sum specified in the Application to Farlega Investment limited bank account, I ask to consider obligations of the Agent to the Principal, within the limits of the Contract, as fully party executed.

DEBTOR
_____________________________________________________ FIO


ACQUAINTED, no objections:
LENDER
General manager
___________________________________________ Adio A.
L.S.
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