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Published by smbzleon, 2016-09-17 05:45:03

New dfcu Loan Offer Form

New dfcu Loan Offer Form

Date DD / MM / Y Y Y Y

Full Name: P.O.Box:

Dear Sir/Madam,

RE: LETTER OF OFFER FOR A PERSONAL LOAN FACILITY

1. The Facility

dfcu Bank Limited (“the Bank”) is pleased to make available to (“the Borrower”) a conditional Personal

Loan Facility (“the Facility”) on the terms and conditions set out herein and such other General Terms and Conditions (‘the General Terms and

Conditions’) which are attached hereto (referred to collectively as ‘the Conditions’) which may be modified by the bank from time to time,

2. Borrower Requirement

2.1 The parties acknowledge that the Borrower’s maximum credit requirement is for a sum of up to UGX /USD

(Uganda Shillings / United States Dollars /(‘Credit Requirement’).

2.2 The Borrower confirms that the Credit Requirement constitutes a request by the Borrower to the Bank for credit facility of any amount equal to or

less than the Credit Amount and shall comprise an offer by the Borrower to take up such credit facility upon the terms indicated under this Facility

Letter.

2.3 The Credit Requirement shall not be binding on the Bank and the Bank’s determination or provision of a credit facility shall be subject to and in

accordance with the conditions under clause 3 below and such other conditions precedent as may otherwise be required by the Bank.

3. Determination of Facility Amount
3.1 The Bank shall at its sole discretion determine the amount of Credit to be availed to the Borrower (‘the Facility Amount’).
The determination by the Bank of the Facility Amount shall be premised on the following:
(a) The conduct of a satisfactory due diligence and vetting of the Borrower by the Bank;
(b) The Bank’s assessment of the Borrower’s risk under its credit scoring mechanism; and
(c) The Bank obtaining all internal approvals for the Facility.
3.2 The Facility Amount as determined by the Bank shall not exceed the Credit Requirement.
3.3 In the event that the Bank declines to make available any credit facility to the Borrower after undertaking its internal approval processes, the
Borrower’s offer constituted by the Credit Requirement shall be deemed not to have been accepted. The Bank shall not incur any liability to the
Borrower, nor would it be obligated to refund to the Borrower any portion of the Arrangement Fees provided for under clause 8.

4. Purpose
The purpose of this Facility shall be for personal development and the Bank shall have the right but not the obligation to monitor the Borrower’s
utilisation of the facility.

5. Effectiveness of the Agreement and Disbursements
5.1 The Agreement envisaged under this Facility Letter shall only become effective upon the occurrence of either the following:
(a) the Bank determines and communicates the Facility Amount to the Borrower; or
(b) the Bank makes disbursement of the determined Facility Amount directly into the Borrower’s current account in the Bank.
5.2 It is agreed by the parties that once the Facility Amount is disbursed to the Borrower’s current account with the Bank, the Borrower shall be
deemed to have taken receipt of the Facility Amount.

6. Conditions precedent:

The disbursement of the Facility shall be subject to the fulfillment by the Borrower of the following conditions:
6.1 The Borrower obtaining and availing a Financial Card to the Bank:
6.2 The acceptance and execution by the Borrower of the Letter of Offer and all other documents relevant for the Facility (together ‘the Facility

Documents’).
6.3 The payment by the Borrower of all fees provided for under this Facility Letter including Facility arrangement fees, insurance fees, and such other

additional fees as required by the Bank;
6.4 The absence of any Material Adverse Change in the financial condition, performance or prospects of the Borrower which would affect the ability of

the Borrower to perform his/her obligations under this agreement.
6.5 In the event that the Borrower is not conversant with the English language or is not literate, the execution of a Certificate of Translation duly

executed by the witness confirming that the document has been properly read to and understood by the Borrower
6.6 The Borrower procuring the issuance of a letter of undertaking by the Borrower’s Employer to the Bank committing to remit the Borrower’s monthly

salary into an account in the Bank designated for the purpose;
6.7 Such other additional conditions as the Bank may require.

7. Interest
7.1 The applicable interest rate, which interest rate shall be variable, will be….. % per annum (the Bank’s Prime lending rate, currently at ….%
plus/minus …. point(s) per annum) and will be charged on a daily basis from the date that the Facility Amount is advanced.
7.2 The Bank reserves the right to change the interest rate and method of calculating interest at any time, at its sole discretion in line with market
conditions and or the risk rating of the Personal loan Facility.

dfcu Bank is regulated by the Central Bank of Uganda.

7.3 Interest under the Facility will be computed daily and calculated, accrued, imposed and payable on the basis of a 360/365, for USD and UGX

respectively, day year for the actual number of days elapsed.

7.4 Changes in Interest Rates

The Bank reserves the right and discretion to change the interest rate and the method of calculating interest at any time in line with market

conditions and/or the risk rating methodology applied by the Bank. Notification of the changes in the interest rates shall be effective for the

purposes of this Agreement if such notifications are published by the Bank in any national newspaper of wide circulation.

7.5 Default Interest

(a) Any amount due under this Agreement and not paid on its due date (the overdue amount) shall thereafter (both before and after judgment of

a Court of law) attract default interest at a rate which is 3.5% per month until the amount is repaid, or the Facility is reviewed.

(b) The Bank reserves the right to charge an arrears administration fee of 2%. This notwithstanding, the overdue amount is repayable on the first

written demand by the Bank.

(c) Any amount due and not paid on its due date (the overdue amount) shall thereafter (both before and after any judgment of a Court of law)

attract default interest at a rate which is 3.5% per month on the arrears, until the amount is repaid, or the Facility is reviewed. The Bank

reserves the right to charge an arrears administration fee of 2%.

8. Fees

The Borrower will be charged the following fees:

(a) an arrangement fee of % of the Facility amount.

(b) a non-refundable Insurance (death and disability) fee of % of the Facility amount.

(c) all registration fees, stamp duty and other charges that shall or may be required with respect to the credit agreements and or securities (ies) of the

Facility; in registering and perfecting the security(ies).

(d) Any other fees, commissions and charges shall be paid in accordance with the Bank’s standard tariff, subject to change from time to time and as

shall be availed to the Borrower by the Bank on request.

9. Repayments:

9.1 The Facility shall be repaid in equal monthly installments of UGX / USD (Uganda Shillings

/United States Dollars ) amortized over the facility period and shall include principal and interest, the first instalment

commencing 30 (Thirty) days from the date of the first disbursement.

9.2 The Bank is hereby authorized to debit the Borrower’s current/savings account for each repayment on the due date. The Borrower undertakes to

maintain the current/savings account in credit with sufficient funds to meet both principal and interest payments as and when they shall fall due. In

the event that there are insufficient funds to meet the repayment obligations on the due date, the Bank shall be entitled to debit and overdraw the

account.

10. Early redemption/ prepayment
10.1 The Borrower shall be entitled to prepay the Facility in whole or in part, such partial prepayment not being less than one third (1/3) of the
outstanding Facility, by giving the Bank thirty (30) days’ notice of intention to prepay, specifying the date upon which the relevant
prepayment is to be made and the amount of that prepayment. Any notice of prepayment shall be irrevocable.
The prepayment shall be made by paying the prepayment amount, together with accrued interest on the amount and all costs related to the
Facility, as well as a commission of 10% of the total prepayment amount.
10.2 The Borrower, however, shall not be entitled to re-borrow any prepaid sums.
10.3 Notwithstanding the above, the Facility shall be repayable on the Bank’s first written demand.
10.4 Any amount due and not paid on its due date (the overdue amount) shall thereafter (before and after judgment) attract a penalty charge at
the rate of 3.5% per month on arrears until the amount is repaid or fully repaid. The Bank reserves the right to charge an arrears
administration fee of 2%.

This notwithstanding, the Facility is repayable on the first written demand by the Bank.

11. Representations and Warranties
The Borrower represents and warrants that:
11.1 The obligations expressed as being assumed by the Borrower under this Facility Agreement constitute legal and binding obligations of the
Borrower enforceable against him/her in accordance with the terms.
11.2 At the time of executing the Facility Documents, no litigation or other proceedings for debt recovery against the Borrower are ongoing.
11.3 All statements made by the Borrower in connection with the Facility are accurate and truthful to the best of the Borrower’s knowledge,
information and belief.
11.4 At the time of executing the Facility Documents, he/she is gainful employed on a permanent basis or if on contract for the entire loan period.
11.5 There has been no condition or event which has or could reasonably be expected to have a Material Adverse on the Borrower or his/ her
ability to meet his/ her obligations under this Facility Letter;

The representations and warranties set out above are given and made on and as of the date of this Facility Agreement and shall survive the acceptance
of the Facility and are continuing representations and warranties which are deemed to be repeated during the subsistence of the Facility.

12. Default: The occurrence of any of the events below shall constitute an event of default:
12.1 (a) The Borrower default in the payment of any interest or of any installment of principal falling due, or any other monies payable, whether

12.2 or not demanded by the Bank; or
(b) Anything occurs which in the opinion of the Bank threatens the ability of the Borrower to honors his/her financial obligation with the

Bank; or
(c) Any representation or statement made or deemed to be made by the Borrower in connection with this Facility is or proves to have been

incorrect or misleading in any material respect when made or deemed to have been made.
On and at any time after the occurrence of an Event of Default, the Bank shall be entitled to:
(a) Cancel the Facility whereupon it shall stand immediately cancelled;
(b) Declare that all or part of the Facility together with accrued interest, and all other amounts accrued or outstanding under the Facility be

immediately due and payable, whereupon they shall become immediately due and payable;
(c) Declare that all or part of the Facility be payable on demand, whereupon they shall immediately become payable on demand.

PROVIDED always and it is hereby agreed that no delay in exercising or omission to exercise any right, power or remedy available to the Bank under this
offer or in law shall in any way impair or diminish any such right, power or remedy, or be construed as waiver thereof or as an acquiescence, nor shall
any action of the Bank in respect of any default or any acquiescence in or any default, impair any right, power or remedy of the Bank in respect of any
other default.

dfcu Bank is regulated by the Central Bank of Uganda.

PROVIDED further that the rights or remedies herein provided for shall be in addition to and not in substitution for any rights or remedies arising by
operation of law AND the Borrower hereby agree to pay all fees, charges and costs that would be incidental to the recovery/collection of the outstanding
facility(ies) or interest under this Agreement.

12.3 In case any of the events of default specified above shall take place, the Bank may at any time thereafter, at its absolute discretion with or
without notice to the Borrower:
(a) Exercise a right of setoff at any time and at all times on all monies now or hereafter lying to the Borrower’ credit, whether in their name

alone or jointly with others wherever situate and on whatsoever account. This authority to the Bank is irrevocable and shall continue to
be in full force until all facilities and financial obligations due to the Borrower are fully repaid;
(b) Exercise its rights under any security instrument, where it exists; or
(c) Institute legal action against the Borrower(s) for the repayment of the whole Facility(ies), interest thereon and for breach of contract.

13. Borrower’s Obligations
The Borrower hereby covenants with the Bank to:
13.1 To provide, at the request of the Bank, such information as the Bank shall require.
13.2 To notify the Bank in the event of loss of employment or any adjustment in the Borrower’s earnings or any other factor that negatively affects
the Borrower’s ability to repay the Facility.

14. Anti–bribery
The Borrower/Parties to the Agreement shall comply with all applicable laws, statutes, regulations, policies and procedures relating to and governing
anti-bribery and anti-corruption including but not limited to the Anti-Corruption Act 2009, and the Bank’s related policies and procedures. The
Borrower/Parties shall not engage in any activity, practice or conduct which would constitute an offence under the Act or policies. The Borrower/Parties
shall not, and shall procure that their employees, agents and sub-contractors shall not offer, solicit or accept an inducement/advantage in connection
with the service under the contract.

By signing this Facility Letter, you hereby confirm that you have read, understood and accept the foregoing terms and conditions and accept to be bound by
any decision reached by the Bank including but not limited to variation of the amount applied for Please sign all copies provided and return to us two copies
of this Letter.

Yours faithfully,

AUTHORISED AUTHORISED
SIGNATORY SIGNATORY
Name & Signature Name & Signature

Based on the advice of the Bank, I have received appropriate information regarding the product and obtained independent advice as indicated below and I
accept the banking arrangements and the terms and conditions thereof as stipulated herein above and the terms and conditions in my application form. I
confirm that all the details and documents availed are true. I confirm that the loan will become fully repayable in the event that I transfer my account to
another Bank and or have a change my employers.

SIGNED and Delivered by the said:

BORROWER
Name & Signature

Date:

In the presence of:

WITNESS
Name & Signature

dfcu Bank is regulated by the Central Bank of Uganda.

INDEPENDENT ADVISOR’S ATTESTATION

I,
being an Advocate of the High Court of Uganda, and an independent advisor hereby confirm that the terms and conditions of the Facility Letters/Personal
Guarantee/Agreements have been read over and interpreted to the Borrower(s) and signatory(ies) in the language of their understanding and it appeared to me
that the nature and effect of the transaction was clearly understood.

Name:
Signature:
Physical Address:
Date:

Stamp: , have read to
Language and he/she has understood the same.
CERTIFICATE OF TRANSALATION

I of P.0. Box
the entire Facility Agreement together with the Terms and Conditions in the
They have agreed to the terms of the said Agreement.

Name:
Signature:
Physical Address:
Date:

Stamp:

dfcu Bank is regulated by the Central Bank of Uganda.


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