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Loan & Security Agreement479.2KB
Escrow Rules322.8KB

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Legal FAQ

This FAQ is for information purposes only.

For full details, please see “Loan & Security Agreement” and “Escrow Rules” documents.

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DISBURSEMENT & REPAYMENT
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How does loan disbursement work?

Loan disbursement shall occur on or before the Loan provision date. The Lender transfers the Loan amount directly from their bank account to the Borrower's bank account using a Payment identifier.

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Can I make payments from any account for the Loan?

No, payments must be made from the Borrower's account and clearly identified with the Payment identifier to fulfil the repayment obligation. Payments from other accounts or without proper identification won't be considered.

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What happens if the Lender doesn't fulfil their disbursement obligation?

If the Lender fails to disburse the Loan on time, they may incur a penalty of 0.15% of the Loan amount for each day of delay, payable to the Borrower.

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Can the Lender deduct fees from the Loan amount before disbursement?

The Lender cannot deduct any fees from the Loan amount, except for SWIFT payments where transfer fees not exceeding lesser of: (i) USD100 (or equivalent in currency of the payment), or (ii) 0,5% of the Loan amount are deductible. .

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Can the Lender avoid the penalty for late disbursement?

The Lender won't be liable for late disbursement if the delay is due to issues on the Borrower's side (mainly failure to escrow agreed-on collateral) or if the bank maintaining the Borrower's account refuses or withholds the transfer for reasons related to the Borrower.

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When is the Loan repayment due?

Loan repayment is due on or before the Maturity date.

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How should I make Loan repayment?

Repayment should be made from the Borrower's account, clearly using the provided Payment identifier, and credited to the Lender's account.

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Can I make Loan repayment from any account?

No, repayment must be made from the Borrower's account and identified with the Payment identifier. Payments from other accounts won't fulfil the repayment obligation.

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How is the interest calculated?

The interest payable to the Lender is a fixed sum called the Interest amount. It's calculated from the entire Loan amount, using the Interest rate, from the Loan provision date until the Maturity date.

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Is the Interest amount affected if I repay the Loan before or after the Maturity date?

No, the Interest amount remains the same regardless of when the Loan is disbursed or repaid. However, repayment of Loan post Maturity date entitles the Lender to receive additional default interest in the rate of 15% p.a. and may only be executed prior the moment Loan is repaid by Collateral.

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Can the Borrower repay the loan before the maturity date?

Yes, the Borrower can choose to prepay the outstanding amount before the Maturity date. However, they shall be advised that such prepayment does not reduce the Interest amount, has no effect on LTV calculation and will not automatically lead to release of the escrowed Collateral.

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Who bears the expenses related to the Loan?

Except for permitted fiat transfer fees mentioned in the Agreement, each Party bears its own expenses related to the Loan or the Agreement. BTC transactions fees will be deducted directly from respective Bitcoin.

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In which currency should payments be made?

Payments, including repayments, must be made in the currency in which the Loan amount is denominated.

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Can I change my bank account for the Loan?

Generally, Borrower's account and Lender's account are fixed for the whole duration of Loan. In exceptional circumstances (such as, for axample, original account closure), you can change your bank account, but this must be done through the Platform, with an explanation of the reasons. The change becomes effective after approval by the Platform and notification to the other Party.

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ESCROW
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What is collateral, and how is it related to my loan agreement?

Collateral is a security measure ensuring the Borrower's performance under the loan agreement, especially the repayment of the Amount due. It acts as a guarantee.

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What is the significance of Escrow setup completion in my Loan agreement?

The Escrow setup completion is a critical step in your Loan agreement. It signifies that the Borrower has fulfilled all necessary actions, including transferring the Initial Collateral to the Escrow environment, ensuring the security of the Loan.

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What happens if the Escrow setup is not completed on time?

If the Escrow setup is not completed as required, the agreement will terminate, and penalties may apply.

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Does the Loan agreement terminate if the Escrow setup is not completed on time?

Yes, if the Escrow setup is not completed at least two (2) business days before the Loan provision date, the agreement automatically terminates. However, this termination does not affect any rights or claims arising from the breach of Borrower's obligations prior to termination.

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How is the risk associated with Collateral managed in the Loan agreement?

The Borrower bears responsibility any risk related to Collateral, including its loss or appropriation. Once and to the extent that Collateral is used to satisfy the Lender according to the agreement, the risk passes to the Lender.

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Who bears the Bitcoin Blockchain fees in the transfer of Collateral to the Escrow environment and later on?

The Borrower is responsible for the Bitcoin Blockchain fees associated with transferring the Initial Collateral to the Escrow environment. Fees associated with any subsequent transfers of Collateral are deducted directly from the amount of Bitcoin transferred.

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LIQUIDATION & DEFAULT
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What is the Liquidation LTV, and why is it important?

The Liquidation LTV is a critical parameter used to determine if an Event of Default has occurred. It represents a specific loan-to-value (of Collateral) ratio that should not be exceeded. If, for example due to BTC market price decrease, the actual LTV ratio exceeds this threshold, it triggers an Event of LTV Default.

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What happens if the LTV ratio exceeds the Liquidation LTV?

If the LTV ratio exceeds the Liquidation LTV, it will trigger an Event of LTV default and result in the repayment of the Loan by Collateral.

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How is the liquidation value of collateral calculated?

The liquidation value of collateral is calculated as 95% of the Collateral Market Value as of a specific time. This calculation helps ensure fair compensation for the Lender in the event of Collateral being used for repayment.

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Can I reduce the Loan-to-Value (LTV) Ratio during the Loan period?

Yes, you can reduce the LTV Ratio by transferring additional Collateral into the Escrow environment as described in the collateral top-up guide published on the Platform.

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What constitutes an Event of Default under this agreement?

An Event of Default includes scenarios where (i) the LTV Ratio exceeds the Liquidation LTV before full repayment, (ii) Borrower fails to make timely repayment, or (iii) Borrower's representations and warranties become untrue, incorrect, or misleading.

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What happens when an Event of Default occurs?

When an Event of Default occurs, the entire outstanding Loan amount becomes immediately due and payable. Depending on the specific type of default, other consequences, such as the application of default interest or the use of collateral for repayment, may also apply.

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How is repayment handled in the event of an LTV Default?

In the case of an LTV Default, the Loan amount is considered fully repaid using Collateral provided by the Borrower. Here the Collateral serves as in-kind repayment of the debt.

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What is the process for distributing Collateral after an Event of Default?

The distribution of Collateral takes place if the Loan is not repaid and Collateral is sent from Escrow environment to Liquidator's address. It involves satisfying the Lender with the Collateral used for repayment and Lender's obligation to return any remaining Collateral to the Borrower. The liquidation value of Collateral is calculated as 95% of the Collateral Market Value.

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What happens to any remaining collateral after repayment?

Any remaining collateral, after fulfilling the loan obligation and any default interest, shall be returned to the Borrower by the Lender. However, transaction fees may be deducted from this remaining collateral.

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