Smlouva o zápůjčce
THIS LOAN AGREEMENT (hereinafter referred to as the "Agreement") HAS BEEN ENTERED INTO ON THE DAY, MONTH AND YEAR SPECIFIED BELOW, BY AND BETWEEN THE FOLLOWING PARTIES
Date of birth:
Personal Id. No.:
(hereinafter referred to as „ Party No. 1 “)
Date of birth:
Personal Id. No.:
(hereinafter referred to as „ Party No. 2 “)
( Party No. 1 and Party No. 2 hereinafter jointly referred to as the "Parties" and individually as the "Party")
THE PARTIES HEREBY AGREE AS FOLLOWS:
Subject-matter of the Agreement
The Creditor hereby lends to the Debtor an amount of (hereinafter the "Loan") and the Debtor accepts the Loan and agrees to repay the loan under the terms and conditions stipulated herein.
The Parties hereby express their consent with the security of the Guarantor (as defined by this Agreement) in line with Guarantor's Declaration under this Agreement.
Handover of the Loan
THe Creditor agrees to provide the Debtor with the Loan , .
By executing this Agreement the Parties confirm the takeover of the Loan by the Debtor.
The Parties agree that the Creditor provides the Loan to the Debtor .
The Parties arrange for a Loan .
The Debtor agrees to repay the Loan to the Creditor by at the above specified address of the .
The Parties shall draft and sign an acceptance certificate on the repayment of the Loan, or any other document certifying the repayment of the Loan.
If the Debtor is in default withthe repayment of the Loan under Paragraph 5.1 hereof, the Debtor agrees to pay to the Creditor a contractual penalty in the amount of % of the outstanding balance for each day in default until the full repayment of the Loan.
Securing the Loan by Promissory Note
At the execution hereof (i.e. on the day of execution hereof) the Debtor has issued a promissory note to the order of the Creditor, to be paid , with the Debtor's Guarantor as his/her/its aval , with a "no contest" clause, without indicating the due date of the promissory note, or the amount on the day of execution hereof (hereinafter the "Blank Promissory Note"). To exclude any doubts, in this Agreement the Blank Promissory Note means a full promissory note that will come into existence by completing the missing data.
The Debtor has issued the Blank Promissory Note in order to secure due and timely fulfilment of its obligation specified in Paragraph 1.1 (in a manner specified in Article 5 ) and in Article 6 hereof (hereinafter jointly referred to as "Secured Receivables").
The Debtor confers to the Creditor an irrevocable right to completethe Blank Promissory Note based on which the Creditor may fill in the true data in the gaps, i.e. the due date of the promissory note and the amount of the promissory note, and to turn the Blank Promissory Note into a full promissory note (hereinafter the "Right to Complete the Note").
The Creditor may exercise his/her/its right to complete the Blank Promissory Note if the Debtor is in default with payment of the secured receivables, or any parts thereof and is obliged to complete the missing data truly.
The Creditor may off-set payment from the Blank Promissory Note against the secured receivables or any parts thereof.
By signing this Agreement the Creditor confirms that upon execution hereof, he/she/it has taken over one original Blank Promissory Note. The Creditor is obliged to return the Blank Promissory Note to the Debtor once the full Loan, including its accessions, has been paid.
This Agreement is governed by the laws of the Czech Republic, namely Section 2390 et seq. of Act No. 89/2012 Sb., the Civil Code, as amended.
Unless the context indicates otherwise in the Agreement, any references to a singular form also include the plural and vice versa; references to a specific gender also include the other gender. Headings are used for convenience only and they do not affect the interpretation of the Agreement.
Any unenforceable or invalid provisions contained herein do not influence the enforceability or validity of the remainder of the provisions hereof, unless the nature of such a provision or its content implies that it is not severable from the remaining provisions of the Agreement.
This Agreement constitutes an entire agreement between the Parties in relation to the subject-matter hereof and it supersedes any previous arrangements in respect of the subject-matter hereof.
This Agreement may be modified by written amendments executed by both Parties.
This Agreement has been made in two counterparts. Each Party shall obtain one counterpart of this Agreement.
Each Party shall bear its own costs incurred as a result of the conclusion hereof.
This Agreement comes into force and effect upon its execution by both Parties.
The Parties have read the Agreement, they agree with its contents and declare that it has been entered into freely.
IN WITNESS WHEREOF, THE PARTIES AFFIX THEIR RESPECTIVE SIGNATURES
In , on
In , on
, datum narození , bytem (dále jako "Ručitel") závazně prohlašuje Zápůjčiteli, že jestliže Vydlužitel nesplní svou povinnost specifikovanou v odst. 1.1 výše uvedené Smlouvy (tedy povinnost vrátit Zápůjčku Věřiteli) výše uvedené Smlouvy (tedy zaplatit Zápůjčiteli úroky ze Zápůjčky) a v článku 6 výše uvedené Smlouvy (tj. zaplatit Zápůjčiteli smluvní pokutu) , pak Ručitel bezpodmínečně a v plné výši uspokojí Zápůjčitele, tedy uhradí (splní) každý výše specifikovaný peněžitý závazek Dlužníka vyplývající ze Smlouvy, a to včetně jeho příslušenství (vznikne-li), s jehož zaplacením se Vydlužitel ocitne v prodlení, a to nejpozději do dnů od doručení písemné výzvy Zápůjčitele
Toto prohlášení je ručitelským prohlášením podle § 2018 a násl. zák. č. 89/2012 Sb., občanský zákoník, v účinném znění
V , dne