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Abr 4th

Assignment Agreement Bank

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As a general rule, achievable receivables, such as accounting receivables, insurance receivables, etc., are depreciated. The Tribunal indicated that, in determining whether an instrument is sufficiently stamped, the instrument should be considered in its entirety in order to determine the real and dominant purpose of the instrument. In this case, it was indicated that the overriding purpose of the deed of transfer between Kotak and the agent («instrument» was to transfer/transfer the debts at the same time as the underlying securities), thereby allowing Kotak to demand, receive and recover the debts in its own name and in law. 4.5. The obligation to pay funds is deemed to be met on the date of the transfer of the payment amount to the recipient`s bank account, unless otherwise provided by this Agreement. The obligation to pay virtual money is fulfilled at the time the payment of the virtual money is transferred to the virtual account of the recipient or the partner`s account, if the beneficiary is the partner. 11.3. The originator of the loan is required: if the contract is terminated in accordance with point 13.1 or 13.2 of the General Terms of Sale or, in the event of the insolvency of the credit initiator or a delay in payment by the originator of the credit, in accordance with the cooperation agreement concluded by the Foreigner, the partner and AV Marketplace unilaterally exercise the redemption rights and obligations arising from the right granted by the agent by the contract by paying a refund to the agent. In this regard, it should be noted that, as a result of the implementation of security interests and the recovery of the obligation laws and the law on the various provisions (amendment) act, 2016 («Amendment Act»), the Securitization and Reconstruction of Financial Assets Act and the Implementation of Security Interests, were amended in 2002 («SARFAESI») and the Indian Stamp Act to provide for a stamp exemption in the event of an infringement decision in favour of the CRA. 2. Subject to agreement 2.1. The agreement is reached between the agent, the originator of the loan as a transferee and the portal (IUVO) representing the originator of the credit and the host of the portal.

On behalf of the originator of the loan, the portal concludes this agreement as a representative of the originator of the credit. The agent is aware of this and agrees that the originator of the credit is an agent of law in accordance with the cooperation agreement between the portal and the originator of the loan. A detailed breakdown of the originator`s rights and obligations is shown in section 5 below. 2.2. The originator of the loan transfers to the transferee the debt on the borrower resulting from the loan contract established in accordance with the agreement on the price of the debt indicated in the main terms of the agreement. 2.3. The originator of the loan acknowledges that the loan specified in the loan agreement was granted to the borrower. The agent assumes no obligation or obligation to the borrower through the contract. 2.4.

The right is transferred from the originator of the loan to the agent at the time when the agent has paid the full debt price to the originator of the credit, in the manner described in point 4.2. Interest that is calculated to the borrower and is pending at the time of the transfer is not transferred by a debt transferred from the originator of the loan to the agent. 2.5. The debt is only a part of all the borrower`s claims on the borrower in the loan agreement, the agent confirms and understands that the debt does not contain all the claims of the originator of the credit on the borrower, that the agent is not the only lender of the borrower in accordance with the loan contract, and in this situation, the portal and the investor in credit manage the debt with the other users of the portal against the borrower resulting from the loan contract.

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