
The Borrower and Co-Borrower(s), by entering into the Bank Loan Agreement/Agreement on Providing (Opening) a Credit Line (hereinafter referred to as the Agreement) with Eurasian Bank JSC (hereinafter referred to as the Bank), undertake to properly fulfill the terms of the Agreement and bear joint and several liability for the performance of obligations under the Agreement. The Borrower and Co-Borrower(s) are represented as one party when concluding the Agreement (hereinafter referred to as the Borrower).
The Bank is entitled to:
— Conduct inspections during the term of the Agreement to verify the Borrower's targeted use of the bank loan (hereinafter referred to as the Loan) or any part thereof;
— Require the Borrower to provide a document confirming the targeted use of the Loan or any part thereof, including in cases of early repayment, except when the Loan is returned and accrued interest is paid within 14 (fourteen) calendar days from the date of issuance of the Loan in accordance with the Agreement and the Standard Terms and Conditions for the Provision of Banking and Other Services of JSC "Eurasian Bank" (Adhesion Agreement) (hereinafter referred to as the Standard Terms);
— In the event of non-targeted use of the Loan or any part thereof by the Borrower, or failure to provide or timely provide the Bank with a document confirming the targeted use of the Loan within 5 (five) business days from the date of issuance of the Loan, the Bank is entitled to demand early repayment within 30 (thirty) calendar days from the date of receiving the Bank's written demand of the Loan amount for which no document confirming targeted use has been provided, along with accrued interest, and is also entitled to charge and withhold a penalty of 10% (ten percent) of the amount used for non-targeted purposes.
In the event of failure to timely provide a document confirming the targeted use of the Loan, the Bank shall have the right to accrue and withhold a penalty from the Borrower at the rate of 0.1% (zero point one percent) of the Loan amount for each calendar day of delay until the day the respective document is provided, or until the day the Loan amount is repaid along with the amounts stipulated by this clause of the Agreement. In the event of the Borrower's failure to fulfill or improper fulfillment of the obligation for early repayment of the Loan upon receiving a written demand from the Bank, the Bank shall have the right to accrue and withhold a penalty from the Borrower at the rate of 0.1% (zero point one percent) of the amount to be repaid for each calendar day of delay, but not exceeding 10% (ten percent) of the Loan amount for each year of the Agreement.
In the event of non-performance and/or improper performance 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, Standard Conditions, and the Agreement, including but not limited to:
The Bank independently determines the necessity of applying specific measures (or a combination of measures).
Within the framework of unsecured Loans:
The amount of penalty (fine and interest) for breach of obligations under the Agreement:
In case of violation of the obligation to repay the Loan and/or pay the Remuneration and/or make other payments provided for in the Agreement, the Borrower is obliged to pay the Bank a penalty:
— 0.5% (zero point five percent) of the overdue payment amount for each day of delay,
but not more than 10% (ten percent) of the Loan amount for each year of the Agreement's validity;
— no penalty is charged after 90 (ninety) days of delay.
The Borrower has the right to partially or fully repay the principal debt early, in accordance with the terms of the Agreement. To exercise this right, the Borrower must contact the Bank with the relevant application.
The Borrower is entitled to submit a written application to the Bank containing information about the reasons for the delay in fulfilling obligations under the Agreement, income, and other confirmed circumstances (facts) justifying their request to amend the terms of the Agreement.
Under collateral loans:
Penalty size: For breaching the obligation to repay the Loan and/or pay the Remuneration and/or make other payments stipulated in the Agreement, the Borrower is obliged to pay the Bank a penalty:
— within 90 (ninety) days of delay, at the rate of 0.5% (zero point five percent) of the overdue payment amount for each day of delay,
— after 90 (ninety) days of delay, at the rate of 0.03% (zero point zero three percent) of the overdue payment amount for each day of delay,
— but not exceeding 10% (ten percent) of the Loan amount per year of the Agreement's validity.
Appendix 2 to the rules for the provision of banking services and the consideration of customer requests by banks and organizations performing certain types of banking operations arising during the provision of banking services.