Appendix №1 to the Loan Agreement

 

 

 "APPROVED"

By the Management of KICB CJSC

Minutes № 2025/46

Dated December 24, 2025

 

 

Appendix №1 to the Loan Agreement

 

This Appendix №1 is an integral part of the Loan Agreement (hereinafter referred to as the "Appendix") concluded between the Borrower and Closed Joint-Stock Company "Kyrgyz Investment and Credit Bank" (hereinafter referred to as the "Bank"). By signing the Loan Agreement, the Borrower fully accedes to this Appendix. The Borrower must carefully read this Appendix .

1. General Provisions

1.1. The Bank shall provide the Borrower with a loan in the amount and on the terms specified in the Loan Agreement, and the Borrower shall undertake to use it for its intended purpose, return it to the Bank and pay interest for the use of the loan in accordance with the terms of the Loan Agreement.

1.2. The issuance of credit funds shall be made no later than 1 (one) month from the date of signing of the Loan Agreement by the Parties.

1.3. When issuing a loan in tranches, the Borrower shall submit to the Bank an Application for the issuance of loan funds for each tranche separately.

1.4. _____________________________________________________ (special (additional) conditions established by the Bank (Credit Committee) – if any) .

2. Loan security

2.1. The security specified in the Loan Agreement shall be provided to secure and fulfill the Borrower's obligations to repay the loan, pay interest, penalties, compensate for losses caused to the Bank by failure to fulfill or improper fulfillment of obligations under the Loan Agreement, as well as the Bank's costs associated with collecting the Borrower's debt.

3. The procedure for granting and repaying a loan, accrual and payment of interest

3.1. Interest on the loan shall be accrued from the day following the Bank's issuance of the loan to the Borrower and shall be accrued monthly, based on the actual number of days in the month and the number of days in the year, equal to 360 days, until the loan is fully repaid.

3.2. Interest for using the loan shall be charged on the outstanding balance of the principal amount of the loan.

3.3. The accrual of penalties shall commence from the date of occurrence of overdue debt on the principal debt of the loan and/or interest on it and shall be made on the amount of overdue debt on the loan during each calendar month, based on the actual number of days in the month and the number of days in a year equal to 360 days, until the overdue debt is fully repaid.

3.4. Repayment of the principal amount of the loan and payment of interest shall be made by the Borrower in the currency in which the loan was issued and no later than 4:00 p.m. of the repayment date in accordance with the Loan Repayment Schedule specified in Appendix A to the Loan Agreement.

3.5. "Maturity Date" means the date of payment of interest and/or principal, or the date of early repayment or other payments stipulated by the Loan Agreement. If the Maturity Date falls on a non-business day, the Maturity Date shall be deemed to be the first business day following the non-business day.

3.6. The Borrower shall make an early repayment of the loan in full or in part at any time without any fees, penalties or other payments.

3.7. The Borrower shall make repayment of the loan and payment of interest, as well as other payments to the Bank under the Loan Agreement:

-        by depositing a cash to the Bank’s cash desk;

-        by transferring to the account specified by the Bank;

-        through payment terminals and the Bank’s mobile application;

-        by other means agreed upon by the Parties.

3.8. In case if the Borrower makes an incomplete payment of the amount due for repayment, and/or at the request of the Bank, the following order of repayment of the loan debt shall apply:

(1) the principal amount of the loan;

(2) debt collection costs;

(3) interest for using the loan;

(4) penalty (fine, forfeit);

(5) the amount of the insurance premium;

(6) the amount of overdraft that has arisen on card accounts (including technical, permitted);

(7) losses.

4. Rights and obligations of the Parties

4.1. The Bank has the right to:

4.1.1. In case of failure and/or improper fulfillment by the Borrower of its obligations under the Loan Agreement, the Bank shall have the right to unilaterally and uncontestably write off funds from any accounts of the Borrower opened with the Bank to pay off the loan amount and interest thereon, including penalties, commissions, and other expenses, and the Bank shall also have the right to take other measures to collect the debt, as provided for by the legislation of the Kyrgyz Republic.

4.1.2. Request early repayment of the loan amount, interest for using the loan, and other payments due under the Loan Agreement upon the occurrence of one of the following cases:

1)      failure to fulfill or improper fulfillment by the Borrower of obligations under the Loan Agreement, including the occurrence of overdue debt on the loan and payment of interest, regardless of the amount of the overdue debt;

2)      loss of collateral (threat of loss), deterioration of the collateral’s condition, reduction in its value;

3)      termination of the Collateral Insurance Agreement: cancellation, expiration of the term;

4)      misuse of the loan by the Borrower;

5)      the information and documents provided by the Borrower to obtain the loan turn out to be false;

6)      filing claims against the Borrower that may lead to insolvency (bankruptcy) or significantly worsen the financial position of the Borrower.

4.1.3. In case of a decrease in the value of the collateral, contact the Borrower with a request to provide additional security for obligations under the Loan Agreement.

4.1.4. During the term of the Loan Agreement, at any time, check the collateral and the solvency of the Borrower, and also request the necessary information from the Borrower’s employer.

4.1.5. Sell, assign, transfer, or otherwise dispose of all or part of the rights or obligations under the Loan Agreement and other agreements with the consent of the Borrower. The assignment of a loan claim is made with the consent of the Borrower and shall be formalized by a separate agreement. The requirements of this clause shall not apply where the Bank provides the loan portfolio as collateral. The Bank has the right to disclose information related to this transaction (including, without limitation, providing copies of any agreements) if the Bank deems appropriate in connection with any proposed sale, transfer, assignment, or other disposition provided for in this clause.    

4.1.6. Refuse to provide a loan to the Borrower if there are circumstances that clearly indicate that the amount provided to the Borrower will not be repaid on time.

4.1.7. Transfer information about the terms of the Loan Agreement and subsequent transactions related thereto to the credit bureau.

4.1.8. Accept payments from any third parties for loan repayment. The Bank shall not be liable for any current or subsequent relationships between the Borrower and such third party, arising directly or indirectly during the repayment of the Borrower's debt.

4.1.9. Insure and maintain, during the term of the Loan Agreement, the Pledged Property against all risks of loss, damage and liability with an insurance company and under terms acceptable to the Bank, indicating in the insurance policy the Bank as the sole party receiving insurance compensation.

4.1.10. Request, in the manner prescribed by law, information about the Borrower, as well as about his property, from state bodies, local government bodies and non-governmental organizations.

4.1.11. The Bank has the right to reserve funds in the amount of the payment (contribution) according to the Loan Repayment Schedule in the Borrower's account opened with the Bank for 1 the business day prior to the loan repayment date to pay off the Borrower's loan installment, if the loan repayment date falls on the day following a weekend/holiday, and the day of crediting will be considered the next business day following the weekend/holiday.

4.2. The Bank shall undertake to:

4.2.1. Provide the Borrower, upon request, with statements on loan debt repayment and other certificates upon request within 3 (three) business days.

4.2.2. Provide the Borrower, upon a properly completed application, with information about the loan received under the Loan Agreement and about the Borrower’s compliance with credit discipline under this loan for its submission to another financial and credit institution within 3 (three) business days from the date of receipt of the application by the Bank.

4.3. The borrower has the right to:

4.3.1. Make a full or partial early repayment of the loan under the conditions stipulated in paragraph 3.6. of this Appendix.

4.3.2. Transfer all or part of your rights or obligations under the Loan Agreement only with the prior written consent of the Bank.

4.3.3. Refuse to receive a loan free of charge during the period after the conclusion of the Loan Agreement and until the Borrower receives the funds.

4.4. The Borrower shall undertake to:

4.4.1. Ensure the fulfillment of loan repayment obligations and payment of interest in accordance with the Loan Repayment Schedule.

4.4.2. Provide the Bank with information on income once a year, and in cases of a change of job or a change in income - immediately.

4.4.3. Upon receipt of the loan, as well as upon subsequent changes to the terms of the Loan Agreement, pay the Bank all fees stipulated by the Loan Agreement and bear all expenses associated with obtaining the loan, with the payment of taxes on all types of payments made under the loan.

4.4.4. Reimburse the Bank for all expenses incurred by it or by persons engaged by it in collecting the debt under the Loan Agreement.

4.4.5. Use the received loan strictly for its intended purpose. The Borrower shall grant the Bank the unconditional right to inspect and monitor the use of the loan, as well as the status of its business activities, at the Bank's first request. Furthermore, the Borrower shall undertake to provide Bank representatives with free access to its warehouse and other premises, and to provide them with any information and documents relating to its financial status, the use of the loan, the safety and condition of the collateral, and other circumstances that, in the Bank's opinion, may affect the repayment of the loan and the payment of accrued interest.

4.4.6. Without the consent of the Bank, do not act as a guarantor for the obligations of other legal entities and individuals, enter into agreements under which the management of its business activities will be carried out by a third party, or conclude transactions for the sale of more than 10 (ten)% of its assets, except in cases where the assets are goods produced or received by it, intended for sale.

4.4.7. In case of a change or deterioration in the financial and economic situation or a decrease in the value of the pledged property, at the request of the Bank, provide additional guarantees for the execution of the Loan Agreement or repay the loan early within the period specified by the Bank.

4.4.8. Within 3 (three) business days, notify the Bank in writing of any change in its address (location), details, and of all other circumstances related to the proper fulfillment of its obligations under the Loan Agreement that may cause non-fulfillment of its obligations, and immediately take all measures to eliminate them.

4.4.9. Provide the Bank with information regarding the availability of loans in other financial and credit institutions, including loans of a spouse, parents and children, and provide information on compliance with credit discipline for these loans at least once a year.

4.4.10. Pay a commission fee for providing documentation for the second-priority collateral in the amount of 5 (five)% of the repaid balance of the principal amount of the loan, when refinancing it with other financial and credit institutions.

5. The Borrower’s statements and guarantees

5.1. When signing the Loan Agreement, the Borrower shall guarantee that:

1)      his/her property is free from encumbrances; the information he/she provides about his/her financial condition, data on his/her business activities and property status is reliable;

2)      he/she does not participate as a plaintiff, defendant or third party in legal proceedings as a result of which his/her property may be damaged;

3)      when entering into the Loan Agreement, he/she is not under the influence of error, violence, threat, malicious agreement or coincidence of circumstances.

5.2. By signing the Loan Agreement, the Borrower hereby shall authorize the Bank to debit any outstanding balance under the Loan Agreement from its bank or other account without further approval. The Bank has the right to retain any property of the Borrower in its possession.

5.3. By signing the Loan Agreement, the Borrower shall guarantee and confirm that on the date of conclusion (signing) of the Loan Agreement, he/she has not established a self-prohibition on concluding loan agreements (transactions) through the state portal of electronic services of the Kyrgyz Republic or in another way determined by the National Bank of the Kyrgyz Republic, and also that on the date of signing (conclusion) of the Loan Agreement there is no valid self-prohibition to conclude a loan agreement (transaction) established by the Borrower.

6. Liability of the Parties

6.1. In case of a violation of the terms of repayment of the loan and payment of interest on it in accordance with the Loan Repayment Schedule, the Bank shall charge the Borrower a penalty in the form of a fine for overdue debt in an amount equal to the interest rate of the loan under the Loan Agreement, which is accrued on the amount of overdue debt for the actual period of overdue debt, but not more than 10 (ten)% of the amount of the loan issued.

6.2. If the Bank initiates foreclosure proceedings against the collateral, the Bank shall undertake to cease accrual of penalties within 15 (fifteen) days from the date of notification to the Borrower of the commencement of foreclosure proceedings against the collateral through a court proceeding registered in accordance with the legislation of the Kyrgyz Republic. In case of repayment of the overdue debt or other fulfillment of the obligation, the failure to fulfill which served as the basis for the Bank's initiation of foreclosure proceedings against the collateral, the penalty shall be recalculated and paid by the Borrower from the date of suspension of accrual until the date of fulfillment of the obligation.

7. Force majeure

7.1. In case of force majeure, caused directly or indirectly by the manifestation of circumstances of an extraordinary nature, including earthquakes and other natural disasters, actions and decisions of state bodies, the entry into force of international treaties, the adoption of regulatory legal acts, military actions, mass riots, which are beyond the control of the Parties and which prevent them from fulfilling their obligations under the Loan Agreement, the deadlines for the fulfillment of these obligations shall be proportionately extended for the duration of the said force majeure circumstances, subject to the conditions stipulated in i. 7.2 . of this Appendix, but only to the extent that they significantly affect the timely fulfillment of the entire Loan Agreement or that part thereof that was subject to fulfillment after the occurrence of the said force majeure circumstances.

7.2. The Party affected by a force majeure event must promptly, but no later than 5 (five) business days, notify the other Party of the commencement and termination of the force majeure event that prevents the fulfillment of obligations under the Loan Agreement, and provide an official document certifying such circumstances. The occurrence of force majeure shall not relieve the Parties from fulfilling their obligations under the Loan Agreement, but merely postpones the deadlines for fulfilling their obligations for the duration of the force majeure event, but not more than 30 calendar days from the occurrence of such circumstances.

8. Other provisions

8.1. All disputes or disagreements arising between the Parties under or in connection with the Loan Agreement shall be resolved through negotiations. If negotiations fail to resolve the disagreements, any disputes arising from and/or related to the Loan Agreement, including disputes regarding the conclusion, breach, termination, rescission, or invalidity of the Loan Agreement, shall be resolved through judicial proceedings in accordance with the legislation of the Kyrgyz Republic.

8.2. Any notifications to the Borrower by the Bank shall be deemed to have been duly executed and delivered by sending a registered letter.

8.3. When partially repaying a loan early based on an application/request by the borrower through the KICB mobile application, the Bank shall generate an updated loan repayment and accrued interest payment schedule and provides it to the borrower upon his/her personal appearance at the Bank or provides access for review in the Borrower's personal account, in the "Loans" section of the KICB mobile application.