By concluding the Bank Loan Agreement/Agreement on the Provision (Opening) of Credit Line (hereinafter referred to as the Agreement) with Eurasian Bank JSC (hereinafter referred to as the Bank), the Borrower and the Co-Borrower(s) shall assume obligations to properly fulfill the terms of the Agreement and shall be responsible for fulfilling the obligations under the Agreement in full solidarity. The Borrower and the Co-Borrower(s) represent one party (hereinafter referred to as the Borrower) at the conclusion of the Agreement.

The Bank has the right to:

– to conduct, during the term of the Agreement, checks on the intended use of the Bank loan (hereinafter referred to as the Loan) or part of it by the Borrower;

– require the Borrower to provide a document confirming the intended use of the Loan or part of it, including in case of early repayment, except for the case of repayment of the Loan and payment of accrued interest within fourteen (14) calendar days from the date of the Loan issue in accordance with the Agreement and the Standard Terms of Provision of Banking and Other Services of Eurasian Bank JSC (Adhesion Contract) (hereinafter referred to as the Standard Terms);

– in case of improper use by the Borrower of the Loan or part thereof, as well as failure to provide or untimely provision to the Bank of a document confirming the intended use of the Loan within five (5) business days from the date of issue of the Loan, the Bank has the right to demand early repayment from the Borrower within thirty (30) calendar days from the date of receipt of the Bank’s written request the Loan amount for which the Bank has not been provided with a document on the intended use, and the accrued Interest, as well as has the right to charge and withhold a fine in the amount of ten percent (10%) of the amount of misuse.

In case of late submission of a document confirming the intended use of the Loan, the Bank has the right to charge and withhold from the Borrower a penalty in the amount of zero point one percent (0.1%) of the Loan amount for each calendar day overdue until the date of submission of the relevant document, or until the day of repayment of the Loan amount and deposit of the amounts provided for in this clause of the Agreement. In case of non-fulfillment or improper fulfillment by the Borrower of obligations for early repayment of the Loan, in case of receipt of a written request from the Bank, the Bank has the right to charge and withhold from the Borrower a penalty in the amount of zero point one tenth of percent (0.1%) of the amount to be refunded for each calendar day overdue, but not more than ten percent (10%) of the Loan amount for each year of the Agreement.

In case of non-fulfillment and (or) improper fulfillment by the Borrower of obligations under the Agreement, the Bank has the right to apply all measures provided for by the legislation of the Republic of Kazakhstan, the Standard Terms, and the Agreement, including, but not limited to:

1) consider the application of measures provided for by the legislation of the Republic of Kazakhstan in relation to the Borrower;

2) require the Borrower to pay a penalty (penalty fee, fine);

3) require the Borrower to early fulfill all obligations under the Agreement and other transactions concluded between the Bank and the Borrower, including early repayment of the Loan and early payment of Interest;

4) without the Borrower’s additional consent, in an undisputed manner, by direct debit of a bank account, withdraw/write off money to pay for all any overdue amounts owed under the Agreement (including the amount of the penalty (penalties, fines)) from all/any of the Borrower’s bank accounts opened with the Bank, in other second-tier banks and/or organizations engaged in certain types of banking operations in the Republic of Kazakhstan, in tenge and other currencies, followed by conversion at the market exchange rate on the date of withdrawal, with deduction of the conversion fee at the current Bank fees, taking into account, restrictions established by the legislation of the Republic of Kazakhstan;

5) transfer the debt for pre-trial collection and settlement to a collection agency;

6) recover the Borrower’s debt in court (including to entrust debt collection to third parties, in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan);

7) unilaterally terminate/suspend the Loan in accordance with the Agreement and the Standard Terms;

8) demand reimbursement of costs, damages, losses for non-fulfillment of the Loan obligations;

9) notify the Borrower’s employer of non-fulfillment of the Loan obligations;

10) assign the right (claim) under the Agreement to a third party, in accordance with the legislation of the Republic of Kazakhstan, if the Borrower has a delay in fulfilling the obligation under the Agreement of more than ninety (90) consecutive calendar days;

11) take other measures to collect debts in accordance with the legislation of the Republic of Kazakhstan and the agreement of the parties to the Agreement.

The need for the application of one or another (or the application of measures in combination) is determined by the Bank independently.

As part of the unsecured Loans:

The amount of the penalty (fine and penalty) for violation of obligations under the Agreement: for violation of the obligation to repay the Loan and/or pay Interest and/or pay other payments provided for in the Agreement, the Borrower is obliged to pay the penalty to the Bank:

– within ninety (90) days overdue in the amount of zero point five percent (0.5%) of the amount of overdue payment, for each day overdue, but not more than ten percent (10%) of the Loan amount, for each year of the Agreement;

– after ninety (90) days overdue, no penalty is accrued.

The Borrower has the right to partial or full early repayment of the principal debt, in accordance with the terms of the Agreement. In order to exercise this right, the Borrower must apply to the Bank with an appropriate application.

The Borrower has the right to submit to the Bank a written statement containing information about the reasons for the delay in fulfilling the obligation under the Agreement, income and other confirmed circumstances (facts) that determine their application for amendments to the terms of the Agreement.

As part of the collateral Loans; 

The amount of the penalty: for violation of the obligation to repay the Loan and/or pay Interest and/or pay other payments provided for in the Agreement, the Borrower is obliged to pay the penalty to the Bank:

– within ninety (90) days overdue in the amount of zero point five percent (0.5%) of the amount of overdue payment, for each day overdue,

– after ninety (90) days overdue in the amount of zero point three hundredths of a percent (0.03%) of the amount of overdue payment for each day overdue

– but not more than ten percent (10%) of the Loan amount, for each year of the Agreement.

Appendix 2 to the Rules for provision of banking services and consideration by banks, organizations engaged in certain types of banking transactions, customer requests, arising in the process of providing banking services.