SURETY BOND AGREEMENT No.
„NEO Finance“, AB, company code 303225546, located at A. Viulskio g. 7, Vilnius (hereinafter the Surety), represented by the head of the administration Aiva Remeikienė, acting in accordance with the Articles of Association of the company, and [Name, Surname], [personal code], (hereinafter the Creditor),
hereinafter both are referred to as the Parties,
concluded this Surety bond agreement (hereinafter the Surety agreement).
Words that are used in the Surety agreement in singular, may have the meaning of plural and vice-a-versa.
I. SUBJECT MATTER OF THE AGREEMENT
1.1 Under this Surety agreement the Creditor irrevocably and unconditionally ensures to the Creditor for the consideration the proper and complete performance of all obligations of the Creditor's debtor (hereinafter the Debtor) under the consumer credit agreement (hereinafter the Agreement) (its annexes, amendments, appendments and all possible additional agreements),
i. that is already concluded prior to the signing of this Surety agreement or will be concluded by the Surety and the Debtor in the future on the grounds of the Agreement on the investment into the loan No. [Number] concluded between the Surety and the Creditor [Date];
ii. the date of which, amount loaned by the Creditor, Agreement maturity and payment schedule, Agreement number and other information is/ will be specified in the Reports that are submitted by the Surety to the Creditor;
iii. under which the Surety loans the funds for the consideration to the Debtor under the conditions set in the consumer credit agreement at the expense of the Creditor,
and in order that this agreement would become effective the Creditor undertakes to pay the consideration to the Surety within the time limits that is specified in the Surety agreement.
1.2. The Surety undertakes to be liable to the Creditor within the same scope as the Debtor. The Surety specifies that the Creditor cannot change the conditions of the Agreements.
II. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Creditor undertakes to pay the Surety the consideration for the surety under the Agreement on the same day when the consumer credit Agreement comes into effect. The consideration is calculated according to this formula: [Percentage of the consideration that depends on the credit worthiness rating of the Debtor and the maturity of the consumer credit agreement ]* the value of the funds invested into the specific Agreement. The specific amount of the Consideration is specified in every Report. The Surety automatically deducts the consideration from the electronic money account of the Creditor. If the balance of the account is insufficient or the Creditor does not pay the Consideration to the Surety because of other reasons, this Surety agreement is deemed ineffective.
2.2. If the Debtor, whose performance of the obligations to the Creditor is ensured by the Surety under this Surety agreement, exercises the right to use the period for the decision making that is set in the article 14(1) of the consumer credit law of the Republic of Lithuania or the right to cancel the consumer credit agreement set in the article 15 of the consumer credit law of the Republic of Lithuania, or the right to repay the consumer credit before the expiration of maturity that is set in the article 17 of the consumer credit law of the Republic of Lithuania, and the return received by the Creditor is smaller than the amount loaned to the specific credit recipient that is specified in the Report, the amount of the remuneration paid by the Creditor to the Surety is reduced so far that the return that is being received by the Creditor would not be smaller than the amount loaned to the specific recipient of the consumer credit. The objective of the aforementioned is the protection of the Creditor from the losses (would not pay to the Surety more than gets back in the form of interest under the Agreement). If the amount of the consideration for the surety is reduced, the overpayment is returned by the Surety to the Creditor into Creditor's electronic money account without the prior demand.
2.3 The return that is received by the Creditor and mentioned in the paragraph 2.2 of the Surety agreement is calculated according to the formula: [the loaned share of the consumer credit that is being repaid] + [all received interest] – [Brokerage fee paid by the Creditor to the Surety under the Agreement on the investment into the consumer credit] – [Consideration for the surety].
3. The Surety undertakes:
3.1. Together with the Debtor, as the co-debtors with the joint obligation, pledge be liable to the Creditor within the limits of all of their assets, regardless of his location and composition, including, but not limited to the income or other assets, receivable in the future in case if the Debtor will fail to perform its obligations under the Agreement or will fulfill them improperly, also be liable in case of the Debtor's death and other cases, when the Debtor, fails to perform its obligations or fulfills them improperly according to the time limits and terms that are specified in the Agreement.
3.2. Be liable to the Creditor within the same scope as the Debtor, i. e. not only for the performance of the main obligation, but for the payment of the interest and forfeit as well, also the compensation of losses and other monetary claims that arise from the Agreement.
3.3. With respect to the fact that the Surety has all the information regarding the Debtor's performance or non-performance of the obligation, the Surety undertakes to perform the obligation in place of the Debtor without an individual demand from the Creditor on the next working day after the obligation performance deadline missed by the Debtor.
3.4. Promptly, but no later than within 5 (five) working days inform the Creditor in writing or announce on the web page www.neofinance.com, if:
3.4.1. the bailiffs, state tax inspectorate or other state governing institutions impose monetary sanctions on the Surety, the imposition of which affects the ability of the Surety to perform the obligations under this Agreement;
3.4.2. the name, address, phone number or bank or other details of the Surety change,
3.4.3. The bankruptcy, restructuring or liquidation procedure is initiated against the Surety.
3.5. To compensate to the Creditor all the court costs, also including the expenses for the representation during the trial, as well as extrajudicial costs that are related to the debt recovery and the performance of this Surety agreement in that case, if the Creditor is forced to go to the court for the enforcement of this Surety agreement or if the Surety is performing the conditions of the Surety agreement improperly, and the Creditor employs the help of the third parties for the recovery of the debt, or incurs other expenses that are related to the debt recovery or to the performance of this agreement.
4. The Surety has the right to receive the information regarding the conditions of the Agreement and its performance from the Creditor, if the Surety has no such information.
5. Rights of the Creditor and the process of their exercising:
5.1. If the Debtor fails to perform its obligations under the Consumer credit agreement within the specified time limits or they are performed improperly, the Creditor has the right to submit the claim to the Surety regarding the performance of the Debtor's obligations without aiming the recovery to the specific assets of the Debtor.
5.2. The Surety settles the claim under the Agreement that is due at his own initiative by transferring the funds into the electronic money account of the Creditor, opened at "NEO Finacne", AB, company code 303225546, instead of the Debtor within the time limits specified in the paragraph 3.3 of this Surety agreement.
5.3. If the Surety fails to fulfill its obligations under this Surety agreement, the Creditor must contact the Surety with the demand for the performance of the Surety agreement no later than within 5 (five) calendar days.
6. Surety, who performs the obligations under the Agreement to the Creditor in place of the Debtor, acquires the right to demand from the Debtor the performance of the obligations under the Agreement to the Surety (including the interest and forfeit that are set in the Agreement).
III. DECLARATIONS AND CONFIRMATIONS OF THE SURETY
7. The Surety warrants and represents that:
7.1. The Surety knows and understands the conditions of the Agreement, and they are fully accepted by the Surety;
7.2. The Surety understands the consequences of the failure to perform the obligation that is secured by this agreement, the Surety agreement and all of its provisions are totally clear to the Surety and corresponds to the will of the Surety.
7.3. The Surety has the right to conclude this Surety agreement, the are no obstructions for the conclusion of the Surety agreement and for the performance of the obligations that are undertaken by it;
7.4. The Surety is unaware of any legal proceedings, claims, lawsuits, arbitration proceedings or investigations that are in progress or that can be initiated by any court or other state institution, and can reduce the Surety's ability to perform the obligations under the Surety agreement;
7.5. The Surety agreement is not in conflict with the founding documents of the Surety and the obligations that are undertaken according to the agreements concluded by the Surety with the third parties, all permissions and approvals of the bodies of the Surety that are needed for the conclusion of the Surety agreement were received, and it is signed by the dully authorized representative of the Surety.
IV. FINAL PROVISIONS
8. Without the prior written consent from the Creditor the Surety has no right to transfer its rights and obligations under the Surety agreement, to the third parties.
9. Without the additional consent from the Surety the Creditor has no right to transfer its rights and obligations under the Surety agreement, including the rights of claim, to the third parties.
10. The conditions of the Surety agreement and all information that was received by the Parties during the performance of the Surety agreement, are confidential and cannot be divulged or transferred to the third parties, except in cases that are specified in the laws.
11. This agreement is conditional and its coming into effect depends on the presence or absence of the conditions that are specified in the paragraph No. 2 of the Surety agreement. The effective Surety agreement is valid till the complete and proper performance of the Surety's and Debtor's obligations under the Surety agreement and the Agreement.
12. All disputes that arise from the Surety agreement are resolved by the way of negotiations, if the Parties fail to reach an agreement, the disputes that arose are being resolved in accordance with the procedure specified in the legislation of the Republic of Lithuania, at the courts of the Republic of Lithuania according to the location of the registered office of the Surety.
13. All notices are sent via email or mail to the addresses that are specified in the Surety agreement, or submitted by one Party to another via the message system of www.neofinance.com. If the notice is sent via the mail, it is deemed that the Party received it after 5 (five) calendar days after its dispatch. The Parties must inform each other about the change of the details no later than on the next working day. The Party that failed to fulfill this obligation cannot present the complaint that it did not receive the notices or that the other Party did not adhere to the Surety agreement, etc., if the other Party performed all actions according to the addresses and details of another Party that was last known to it.
14. The Surety agreement is signed electronically on the web page www.neofinance.com. The printed Surety agreement is deemed to be the copy of the agreement of the same legal power as the electronically stored. Both parties of the agreement has the access to the Surety agreement on the web page www.neofinance.com.
15. If Surety agreement is concluded in Lithuanian and English languages, and between Lithuanian and English texts of this Surety agreement are any discrepancies, the Lithuanian text shall have priority.
V. SIGNATURES OF THE PARTIES
"NEO Finance", AB
A. Vivulskio 7, Vilnius
Company code 303225546
S. P. "NEO Finance", AB No.
Head of the administration Aiva Remeikienė