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NEW CLIENT Tax & Pension Contribution Loan Agreement New for 2015: This product can also be used to finance your Professional Indemnity and Practicin...
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NEW CLIENT

Tax & Pension Contribution Loan Agreement New for 2015: This product can also be used to finance your Professional Indemnity and Practicing Cert costs.

Checklist



With this Agreement pack you will have received the following:   

Brochure detailing our rate and APR. Direct Debit Mandate. Loan Agreement.

Please return items/complete steps:      

Minimum Loan Amount €5000 Evidence from Revenue Commissioners that Tax affairs are up to date. ROS Statement (print out from Revenue On-line under 'Info Services / Charges & Collections record) AND Chapter 4 with Form 11. Evidence of licence to practice and professional qualifications/membership of the appropriate body. Fully completed application form. Fully completed direct debit mandate. 3 months bank statements from the account the Direct Debit will come from Signed Financial Statements for the most recent 24 months practice trading period.  AML Documentation  • ID - Certified copy of passport or driving licence • Address verification - Certified copy of utility bill (Gas/Electric) dated within 6 months

Please return the completed form to: Professional Fee Finance Department, KBC Bank Ireland plc, Sandwith Street, Dublin 2. Tel: 01 664 6432 Credit Process The credit process will typically take 10 days from receipt of this application form and all requested supporting documentation. The length of the credit process is subject to the complexity of the proposal and more complex proposals may take longer than 10 days to assess.

KBC Bank Ireland plc is regulated by the Central Bank of Ireland

Please complete this application form from this page onwards

Tax & Pension Contribution Loan Agreement

(For office use only)

Agreement No.

This loan agreement is made between KBC Bank Ireland pie, having its registered office at Sandwith Street, Dublin 2. Company No. 40537 (KBC Bank Ireland) and the borrower named in Section A below (the borrower) for the provision of a loan to pay Corporation Tax, Personal tax liability for partners, Pl Insurance and Practicing Cert and/or to fund contributions to the borrowers personal pension plan subject to the terms and conditions set out in this loan agreement including the standard conditions set out below (the “Standard Conditions” (this “Loan Agreement”).

Please tick Purpose of Loan

Personal Pension Contribution

Tax

PI Insurance

Practicing Cert



All

A. Borrower Details Name

Practice/Business name (the ‘Practice’)

Mobile Tel.

Practice/Business Tel.

Date of birth

Home address

Email

Practice/Business address

Gender Male

Female

Country of Birth

Maiden Name (if applicable)

Nationality

Place of Birth (County/City)

For year end



Occupation

For year end

Practice Income Practice Profit Personal Income from practice Membership of registered body The Borrower’s personal pension plan (the “Pension Plan”) is provided by

(the “Pension Provider”) (if applicable)

The Borrower’s Professional Indemnity Insurance is provided by

(if applicable)

(Please complete for Borrower) Are you an Employee or Director of KBC Bank Ireland plc?



Yes

No

If yes please give details: (Please complete for Borrower) Are you connected to an Employee or Director of KBC Bank Ireland plc? For example a spouse, domestic partner or child?

Yes

No

If yes please give details: Are you a citizen of the United States of America? *

Yes

No

Are you resident in the United States of America for tax purposes? * Yes

No

If yes, enter your TIN number (Taxpayer Identification Number)

-

-

* Further information on FATCA and terminology used above can be found on www.kbc.ie

Outstanding Borrowings Mortgages / Loans Product Type

Name of lender

Current balance

Credit Cards / Overdraft Product Type

Approved Limit

Outstanding Balance

Monthly Repayment

Name of lender

Remaining Term

Rental Income

Start Date

mm / yy mm / yy mm / yy mm / yy

Joint Y/N

B. PURPOSE OF LOAN & REPAYMENT SC HEDULE Date d

d

m m y

y

y

y

1. Tax



2. PI Insurance



3. Practicing Cert



4. Pension



5. Amount of credit advanced (total of Tax to Pension)



6. Duration of the Loan agreement

Months

7. Number of monthly repayment instalments (per 6 above) 8. Loan Interest Payable (Amount of Credit Advanced x Applicable Fixed Rate Loan Interest



9. Total amount repayable* (Amount of Credit Advanced plus Loan Interest Payable)



Fixed Rates for calculation of Interest Purposes

10. Amount of each instalment (Total amount repayable divided by Duration of agreement)



9 Month - 3.53%

11. Cost of this credit (Total amount repayable minus Amount of credit advanced)

9.98%

10 Month - 3.93%

12. APR

9.98%

11 Month - 4.34%

* Total amount repayable equals the number of repayment instalments by the amount of each instalment. *** See assumptions set out in Section E (c) on the next page.

c. Account Details Payments can only be made by credit transfer directly into your personal bank account. Please provide your account details below: BIC IBAN

Bank Name:

Account name:

Bank Address: Payee Reference: KBC Bank Ireland plc

D. Additional Information (a) This is a short term loan for the purpose of paying the Borrower's tax liability and/or pension contributions, Professional Indemnity Insurance (“PII”) or practicing cert costs. This Loan Agreement shall not become effective until it is duly accepted and executed by KBC Bank Ireland and the Loan will be advanced on the date of such acceptance and execution (or at the election of KBC Bank Ireland as soon as practical thereafter) without the need for further consent from or notice to the Borrower. (b) The rate of interest on amounts outstanding under the Loan will be at a rate of _______% (fixed). Interest will accrue from day to day on the basis of a 365 day year or on such other basis as KBC Bank Ireland may determine from time to time. The condition governing the rate of interest to be applied to the Loan is the amount of credit being advanced by KBC Bank Ireland to the Borrower. (c) The APR is calculated on the basis of the following assumptions: (1) that all payments in connection with the Loan are made when due and no arrears or default charges as set out in Clause d (3) below are chargeable in connection with the Loan (2) that the Loan is not repaid early or terminated prior to the maturity date. (3) that none of the charges set out in clauses 7, 9, 10 of the standard conditions and Section E below are applicable to the Loan. (d) Charges which the Borrower may become liable for on the occurrence of an Event of Default (as specified in clause 2 of the Standard Conditions) are as follows: (1) if any amount due and payable hereunder is not paid by the due date then any such amounts in arrears shall bear interest at the rate of 1.25% per month or part thereof; (2) the amounts due under Clause 5 of the Standard Conditions and Section F below; and (3) in addition the Borrower shall pay the following charges due to failure to comply with this Loan Agreement, (i) a €19.00 charge for processing each unpaid instalment, (ii) a callout charge of €31.50 per customer visit, (iii) a €12.70 charge for each reminder letter, (iv) a €126.97 administrative charge for the issue of legal proceedings, and (v) any costs or expenses due under Clause 10 of the Standard Conditions. (e) Charges which the Borrower may become liable for in cases regardless of whether an Event of Default (as specified in the Standard Conditions) has occurred are those amounts due under Clauses 7, 9, and 11 of the Standard Conditions and Section E where the circumstances therein occur. (f) The Borrower shall repay the whole of the Loan plus interest by monthly instalments by way of direct debit or such other means stipulated by KBC Bank Ireland. The first repayment instalment is due a week after the advance of the Loan. The remaining monthly instalments are due on the same date in each month after the date of the first instalment and the Loan must be fully repaid by the date of expiry of the Loan. (g) The date of the expiry of the Loan shall be ___________________ The Maturity Date unless this Loan Agreement is terminated earlier by the Borrower or KBC Bank Ireland in accordance with Section E and the Standard Conditions. (h) The means by which and the cost of any termination of this Loan Agreement by the Borrower before the final repayment instalment are detailed in Section F set out below. (i) The Borrower may at any time during the term of the Loan request, free of charge, a statement of account. This statement of account shall be in the form of an amortisation table and can be requested by contacting the PFF Department, KBC Bank Ireland plc, Sandwith Street, Dublin 2.

E. Right of Withdrawal The Borrower has the right within 14 days of the receipt of the signed Loan Agreement from KBC Bank Ireland to withdraw from the Loan Agreement without giving any reason. Should the Borrower wish to exercise this right of withdrawal, they should do so in writing and send the notification by registered post or hand deliver it to the PFF Department, KBC Bank Ireland plc, Sandwith Street, Dublin 2. If the Borrower withdraws from the Loan Agreement within the 14 days, they shall be required to pay to KBC Bank Ireland the capital amount of the Loan and the interest accrued on the Loan (at the rate set out in Section B above) from the date the Loan was drawn down until the date the capital is repaid, without undue delay and in any event not later than 30 days after the notice of withdrawal has been sent to KBC Bank Ireland. The interest payable per day, as at the date of your Loan is €

Warning: If you do not meet the repayments on your loan, your account will go into arrears. This may affect your credit rating, which may limit your ability to access credit in the future.

F. Early Repayment or Termination (a) The Borrower may at any time by giving 10 days notice in writing to KBC Bank Ireland which notice is irrevocable, discharge fully or partially their obligations under the Loan Agreement. On termination, the Borrower must pay to KBC Bank Ireland any amounts in connection with the Loan (including, without limitation, any amounts of principal, interest, charges, costs, expenses (and broken funding costs if applicable)) less a reduction in the total cost of credit to the extent of the interest and the costs for the remaining duration of the Loan Agreement. The interest payable per day, as at the date of your Loan is € (b) In the event of early repayment or termination of the Loan Agreement by the Borrower, the Borrower shall be required to pay compensation to KBC Bank Ireland in respect of costs directly incurred by KBC Bank Ireland as a result of the early repayment of the Loan occurring during a period for which the borrowing rate is fixed. Such compensation shall not exceed 0.5% of the amount of the Loan repaid early and/or the amount of Interest the Borrower would have paid during the period between early repayment and the Maturity Date of the Loan. The compensation shall only be payable should the amount of the early repayment exceed €10,000.

G. DATA PROTECTION The details provided in this application form, together with any other information that is furnished to us in connection with this application and any associated loan, guarantee or other account(s) (“Information”), will be retained and processed by KBC Bank Ireland plc and its subsidiary companies (“we”/“us”) in the manner described in Clause 17 of the Terms and Conditions. Please read Clause 16 carefully as, by signing this Application Form, you are confirming that you consent to the use of the Information in the manner described and, if applicable, that you have obtained the consent of all other persons identified in the form or associated with the application or subsequent loan account.F. Data Protection Notice Sensitive Data Consent: Sensitive personal data (such as health or criminal conviction data) will be obtained and processed only where necessary to process your application or account. By signing this form, you are explicitly consenting to the use, retention and reproduction of sensitive personal data for such purposes and you acknowledge that if you do not permit such processing, it will not be possible to provide you with certain services or products.

H. We would like you to know more about you A member of the KBC Bank Ireland plc (KBCI) team may contact the person(s) identified overleaf in connection with this application. In addition, from time to time, KBCI would like to notify our customers of promotional offers, competitions and information on products and services available from the KBCI Group and carefully selected third parties. The personal data provided on this form may be used to send marketing material or to electronically communicate (by email or text message) or to telephone named customers about such products and services. If you do not want to receive these communications, please tick this box: Applicant 1 Applicant 2 If you later decide that you do not want to receive this information you can write to Marketing Department, KBC Bank Ireland, Sandwith Street, Dublin 2 or email: [email protected] We aim to provide a friendly and efficient service to our customers and it is our policy to ensure that all your concerns are dealt with fairly and promptly. If you have any complaint please telephone or write to IPF/PFF Manager, KBC Bank Ireland plc, Sandwith Street, Dublin 2. If you are dissatisfied with the outcome of our efforts to resolve your complaint you may refer your complaint to: Financial Services Ombudsman’s Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Lo Call: 1890 88 20 90, Tel: (01) 662 0899, Fax: (01) 662 0890, Email: [email protected]

I. Complaint Procedure We aim to provide a friendly and efficient service to our customers and it is our policy to ensure that all your concerns are dealt with fairly and promptly. If you have any complaint please telephone or write to TPF/PFF Manager, KBC Bank Ireland plc, Sandwith Street, Dublin 2. If you are dissatisfied with the outcome of our efforts to resolve your complaint you may refer your complaint to:Financial Services Ombudsman’s Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Lo Call: 1890 88 20 90, Tel: (01) 662 0899, Fax: (01) 662 0890, Email: [email protected]

J. ACCEPTANCE CLAUSE by the Borrower Credit Reference Searching and Reporting Each signatory to this Loan Agreement acknowledges that, as part of its normal procedures, KBC Bank Ireland, the members of the KBC Bank NV Group and any of its successors may carry out searches against him or her, the Borrower and, where appropriate, its or their business or partnership, of the records held by credit reference agencies (including the Irish Credit Bureau) in connection with this Loan Agreement and will also supply information to them about him or her, the Borrower, its business or partnership to the conduct of the Loan. Each signatory to this Loan Agreement should note that the credit reference agencies will keep, for a period of at least a year, a record that a search has been made, and they will inform anyone else carrying out a similar search of the other searches made against him or her, the Borrower, its or their business or partnership, in that period.

Credit History

Have you ever been made bankrupt, made any arrangements with creditors, entered into a PIA or DSA, had any court judgements for debt made against you or been in arrears with any existing or previous loan? If Yes please fill in the details below

Yes

N0

IMPORTANT THE BORROWER OR THE INSURANCE PROVIDER IS ADVISED THAT KBC BANK IRELAND MAKES NO WARRANTY OR REPRESENTATION IN RELATION TO THE PENSION PLAN OR PROFESSIONAL INDEMNITY POLICY TO WHICH THE CONTRIBUTION IS BEING MADE, THE PENSION PROVIDER WHO MANAGES THE PENSION PLAN OR THE EFFECT (IF ANY) A CONTRIBUTION MAY HAVE ON THE BORROWERS TAX LIABILITIES OR THE SUITABILITY OF A PRODUCT FOR THE BORROWERS NEEDS. (See standard condition 26) I confirm that I have read this Loan Agreement including the Standard Conditions and I have had a real opportunity to become acquainted with its terms prior to accepting it.

Signature of Borrower



Date

dd dd m m m m yy yy yy yy

Signature of Borrower



Date

d d

d d

m m m yy m

yy

yy

yy

Accepted by the Borrower on the above terms and conditions and on the terms and conditions set out below in the Standard Conditions.

K. Acceptance for and on behalf of KBC Bank Ireland plc (Office use only)

Authorised Signatory

Authorised Signatory

Last information received

Date d

d

m m

Date d

y

y

y

d

m m

y

y

y

y

y

Warning: If you do not meet the repayments on your loan, your account will go into arrears. This may affect your credit rating, which may limit your ability to access credit in the future.

Standard Conditions In addition to the terms and conditions set out above, the Loan is subject to these Standard Conditions which form part of this Loan Agreement. Unless the context otherwise admits or requires, any term defined above has the same meaning in these Standard Conditions and vice versa. 1. Drawdown The Loan shall be drawn down in full in one amount by way of an electronic transfer by KBC Bank Ireland plc to the account of the Borrower specified in the Loan Agreement. 2. Warranties. The Borrower warrants that (a) the information furnished to KBC Bank Ireland plc for the purpose of the Loan is true and accurate in every respect and that terms and conditions set out (here and above) have been read before signing this Loan Agreement and that full disclosure has been made to KBC Bank Ireland plc of all facts in relation to the Borrower which ought properly to be made known to KBC Bank Ireland plc when contemplating the provision of loan facilities to a borrower. (b) there are no pending or to the best of his knowledge, information and belief threatened actions or legal proceedings before any court or tribunal against him nor are there any insolvency proceedings pending or threatened against him; (c) the entering into the Loan Agreement and the acceptance of the Loan Agreement by the Borrower and the performance of the obligations thereunder will not violate any applicable law or regulation or any agreement or document to which the Borrower is a party; (d) there has been no adverse material change in his financial circumstances. (e) he has not received or relied upon any pension, investment, financial or taxation advice in relation to the investment in and contribution to the Pension Plan from KBC Bank Ireland plc and any pension, investment, financial Insurance or taxation advice required by or relied upon by the Borrower has been received from an independent pension, investment, financial or taxation adviser and in particular but without limitation, the Borrower is not relying on any representation made by KBC Bank Ireland plc in respect of the suitability of the Pension Plan or insurance policy for the Borrower’s investment requirements. 3. Events of Default. The occurrence of any of the following events in relation to the Borrower shall constitute an Event of Default: (a) if he defaults in the payment of any sum due in connection with the Loan, or if he defaults in the performance of any other term or condition contained in this Loan Agreement; or (b) if any warranty, statement or representation made by him to KBC Bank Ireland plc is untrue in any material respect; or (c) if he breaches any other obligation to KBC Bank Ireland plc; under any other agreement between the borrower and KBC Bank Ireland Plc. (d) if KBC Bank Ireland plc receives a notice of attachment in relation to him from the Revenue Commissioners pursuant to Section 1001 and/or Section 1002 of the Taxes Consolidation Act 1997; or (e) if any Judgement or order is made against him and is not wholly stayed or complied with within a period of 30 days from the date of

judgement or order; or (f) if a distress or execution is levied upon or effected against any of his property; or (g) if a receiver or other similar officer is appointed over any of his assets or other steps are taken to enforce any mortgage, charge pledge or lien granted by him; or (h) if he stops payment of his debts or ceases or threatens to cease to carry on his business; or (i) if he enters into an arrangement or composition with his creditors (including without limitation any arrangement under the Personal Insolvency Act 2012 as amended) without the prior approval in writing of KBC Bank Ireland plc; or (j) if a Protection Order is issued in respect of the Borrower under the Personal Insolvency Act 2012 or if he commits any act of bankruptcy or any order is made declaring him bankrupt or if he dies or becomes of unsound mind; or (k) if any event occurs which, in the opinion of KBC Bank Ireland plc, is likely to have a material adverse effect on his business or his future prospects or is detrimental to the interests of KBC Bank Ireland plc; or (l) if a meeting is convened, a resolution is passed, a petition is presented, an order is made or another step is taken for winding-up, bankruptcy, dissolution, court protection or administration of the Practice; or (m) if any of the foregoing events or any analogous event occurs in relation to any one or more of the partners in, or directors of, the Practice. 4. Termination by KBC Bank Ireland plc. If an Event of Default occurs KBC Bank Ireland plc may provide the Borrower with notice in writing (the “Notice”) of its intention to terminate this Loan Agreement specifying therein the nature of the alleged breach and unless within 21 days of receipt of the Notice by the Borrower either: (a) where the breach is capable of remedy, the Borrower remedies the breach specified in the Notice in a manner satisfactory to KBC Bank Ireland plc in its absolute discretion, or (b) where the breach is not capable of remedy, the Borrower pays to KBC Bank Ireland plc such sum as KBC Bank Ireland plc requires in its absolute discretion as compensation for the breach specified in the Notice, KBC Bank Ireland plc may thereafter terminate this Loan Agreement. 5. Repayment of Loan on termination by KBC Bank Ireland plc. If KBC Bank Ireland plc terminates this Loan Agreement in accordance with Clause 4 above then KBC Bank Ireland plc will no longer be obliged to provide the Loan and the Borrower will immediately repay all amounts in connection with the Loan (including, without limitation, any amounts of principal, interest, charges, costs, expenses (and broken funding costs if applicable)). 6. Entire agreement between parties. This Loan Agreement represents the entire agreement between KBC Bank Ireland plc and Borrower in respect of the Loan and supersedes all prior agreements, arrangements, letters and discussions between KBC Bank Ireland plc and the Borrower in respect of this particular Loan. 7. Gross up of Payments. All payments must be made by the Borrower without set-off or counter-claim and free and clear of all deductions, including (without limitation) withholding taxes. If the Borrower is compelled by law or regulation to deduct any such amount, the

amount payable hereunder will be automatically increased so that the net amount after allowing for such deduction would be equal to the amount which would have been payable if no such deduction had arisen. 8. Time and method of the essence. For the purpose of this Loan Agreement, both time and method of payment are of the essence. 9. Increased costs. If as a result of any law or regulation or any direction of a regulatory authority, the cost to KBC Bank Ireland plc of providing the Loan is increased or its profit on the Loan is reduced, the Borrower must pay such increased interest as is necessary to compensate KBC Bank Ireland plc for such increased cost or reduction in profit. 10. Costs and expenses. The Borrower must immediately on demand pay to KBC Bank Ireland plc all costs and other expenses, including legal fees and expenses, reasonably incurred by KBC Bank Ireland plc in preserving, perfecting or enforcing or seeking to preserve, perfect or enforce any of the Bank’s rights under or in connection with this Loan Agreement. 11. Waivers. Any relaxation or delay by KBC Bank Ireland plc in enforcing the terms of this Loan Agreement shall not affect KBC Bank Ireland plc’s rights or constitute a waiver of any of the terms or conditions under this Loan Agreement. 12. Protection of statutory rights. If there is any conflict between this Loan Agreement and the Borrower’s statutory rights under the European Communities (Consumer Credit Agreements) Regulations 2010, the Borrower’s statutory rights will prevail. 13. Severance. If at any time any provision of this Loan Agreement is held to be unenforceable, the remaining provisions shall nonetheless be enforceable. 14. Notices. Notices may be given by hand, by facsimile or by post. They shall be deemed given, if given by hand, when delivered, if sent by facsimile, when the transmission is completed, and if posted, 48 hours after posting. 15. Purpose. The Borrower undertakes that the Loan shall be only used for the purpose stated in this Loan Agreement however KBC Bank Ireland plc is under no obligation to confirm or monitor the purpose for which the Loan is utilised by the Borrower. 16. Assignment. KBC Bank Ireland plc may at any time without notice to the Borrower assign its rights and obligations in respect of the Loan to any person. If KBC Bank Ireland plc assigns its rights to a third party, the Borrower shall be entitled to plead against the assignee any defence available to the Borrower against KBC Bank Ireland plc including the right of set-off. The Borrower may not assign or transfer his rights and obligations in respect of the Loan. 17. Disclosures. We may disclose Information in the following circumstances: (a)to other companies within the KBC Group; (b)to our agents, advisers, service providers and contractors for the above purposes. These may include insurance, pension or investment companies with whom we have a contractual relationship; (c) to credit reference agencies; (d) to other persons connected with your account (e.g. guarantors, additional borrowers, company directors etc) and to your financial advisers or other intermediaries; (e) in the context of any assignment, purchase or securitisation of your loan or in the context of a sale of our business; or (f) where we are required by any regulatory body, law enforcement agency, court or other legal process.

Standard Conditions By signing above you confirm that you consent to the use of the information in the manner described above and, if applicable, that you have obtained the consent of all other persons identified in the form or associated with the application or subsequent loan account. 18. Recording of telephone conversations. The Borrower consents to KBC Bank Ireland plc recording telephone conversations between KBC Bank Ireland plc and the Borrower and the Borrower consents to any such recording, or the transcript thereof, being used in evidence in any litigation, arbitration or other dispute proceedings. We may monitor and record telephone calls made to and from us for fraud and crime prevention, to assist in improving customer services, to evidence instructions or to prevent or resolve disputes. Right of Access: You have the right to receive a copy of all personal data (within the meaning of the Data Protection Acts 1988 and 2003) relating to you which is held by us following a written request (for which a small fee will be charged) and to have any inaccuracies in your personal data corrected. You may be required to provide us with sufficient information to verify your identity and locate your data. 19. Interpretation. In this Loan Agreement the headings are for convenience only and shall not affect the interpretation of this Loan Agreement. As the context admits or requires references in this Loan Agreement to any gender include all genders and references to the singular include the plural and vice versa and references to any legislation includes references to that legislation as amended or re-enacted from time to time. 20. Power of Attorney. By way of security for the Borrower’s obligations under this Loan Agreement, the Borrower irrevocably appoints KBC Bank Ireland plc as his attorney to do anything which he is required to do by this Loan Agreement. KBC Bank Ireland plc may delegate this power. The Borrower undertakes to ratify and confirm all things done by KBC Bank Ireland plc or its delegate in the exercise or purported exercise of this power of attorney. 21. Certificate of KBC Bank Ireland plc conclusive. A certificate of KBC Bank Ireland plc as to the amount which is payable under this Loan Agreement shall, in the absence of manifest error and until the contrary is proved, be conclusive for the purpose of this Loan Agreement. 22. No commitment to further loans. Nothing in this Loan Agreement shall be construed as requiring KBC Bank Ireland plc to provide any further loan facilities or other loans to the Borrower and the provision of any further loans shall be solely at the discretion of KBC Bank Ireland plc. 23. Payments by direct debits. All payments by the Borrower hereunder shall, unless otherwise specified by KBC Bank Ireland plc, be made by direct debit and the Borrower undertakes to complete any direct debit orders which KBC Bank Ireland plc may require. The Borrower agrees that a direct debit order given by the Borrower in connection with this loan can be relied upon by KBC Bank Ireland plc for any other loan and vice versa. 24. Governing Law. This Loan Agreement shall be governed by and shall be construed in accordance with the laws of Ireland. 25. Jurisdiction. Each of the parties hereto irrevocably agrees for the benefit of each other that the courts of Ireland will have non exclusive jurisdiction to hear

KBC/0119-5 (R09/15)

and determine any suit, action or proceeding, and to settle any disputes which arise out of or in connection with this Loan Agreement and for such purposes each of the parties hereto irrevocably submits to the jurisdiction of the Irish courts. 26. Counterparts. This Loan Agreement may be signed by the different parties hereto on separate counterparts and, if so signed, will be as effective as if all signatures on the counterparts were on a single copy of this Loan Agreement. 27. No Warranty in relation to the Pension Plan or Insurance Policy. The Borrower acknowledges that KBC Bank Ireland plc does not give, make or agree to any warranty, term, stipulation or representation expressed or implied in respect of the Pension Plan, Insurance Policy, the Pension Provider and the effect (if any) a contribution may have on the Borrower’s tax liabilities. The Pension or Insurance Provider is not an agent of KBC Bank Ireland plc. 28. Illegality. If, at any time, it is unlawful for KBC Bank Ireland plc to make, fund or allow to remain outstanding all or any of the advances made or to be made by it hereunder and/or to undertake or to continue to undertake any existing obligations hereunder KBC Bank Ireland plc shall promptly after becoming aware of the same, advise the Borrower to that effect and:(a) KBC Bank Ireland plc shall not thereafter be obliged to make advances and/or undertake obligations and/or continue to undertake any existing obligations in connection with this Loan Agreement to the extent that to do so would be unlawful; (b) if KBC Bank Ireland plc so requires, the Borrower shall on such date, and to such extent as KBC Bank Ireland plc shall have specified, repay any principal amounts due to KBC Bank Ireland plc together with accrued interest thereon and any other amounts due and payable hereunder; and (c) the obligations KBC Bank Ireland plc under the Loan Agreement will cease. 29. Mitigation of penalties. The Borrower is obliged to comply with the terms of this Loan Agreement. Where the Borrower fails to comply with any obligations in connection with this Loan Agreement he shall incur liabilities and/or penalties in accordance with the Loan Agreement. In order to avoid any liabilities or penalties arising in connection with this Loan Agreement, the Borrower should ensure that he complies at all times with this Loan Agreement. Where the Borrower does breach the terms of this Loan Agreement, he should immediately seek to remedy such breach in order to mitigate any liabilities or penalties arising there from. This clause is without prejudice to all rights of KBC Bank Ireland plc and shall not be construed as placing any limitations on the rights and remedies available to KBC Bank Ireland plc in connection with the Loan. 30. Electronic Communications. (a) The Borrower hereby authorises KBC Bank Ireland plc to accept and act upon instructions communicated or transmitted by telephone, facsimile, electronic mail or any other electronic communications network or system operated by KBC Bank Ireland plc (‘electronic communications’) as well as those delivered by hand, post or courier. KBC Bank Ireland plc is not obliged to accept and act upon such instructions however such instructions shall be binding on the Borrower and unless KBC Bank Ireland plc specifically requests it, no written confirmation is required

before KBC Bank Ireland plc shall act on such electronic instructions. KBC Bank Ireland plc shall not be required to inquire into the authenticity and genuineness of the person purporting to communicate the instructions and KBC Bank Ireland plc may at its absolute discretion require the Borrower to furnish its instructions in writing. (b) KBC Bank Ireland plc shall not be liable, responsible or accountable for any consequence arising due to any misinterpretation of, non receipt or delay in receipt of, the non transmission or loss in transmission of, or the illegibility of, the electronic communication containing the instruction. (c) In consideration of KBC Bank Ireland plc accepting instructions by way of electronic communication, the Borrower hereby undertakes to indemnify KBC Bank Ireland plc and keep KBC Bank Ireland plc indemnified against all losses, claims, proceedings, actions, damages, costs, fees and expenses of whatever nature, howsoever incurred or sustained by KBC Bank Ireland plc arising out of or in connection with such instructions so long as KBC Bank Ireland plc has acted reasonably and in good faith. 31. Amendment. KBC Bank Ireland plc reserve the right to amend these terms and conditions from time to time. KBC Bank Ireland plc will give the Borrower at least two months notice of any such amendment unless otherwise permitted by law or unless the change is clearly in favour of the Borrower. Unless KBC Bank Ireland plc is required by law to use a particular medium, notice will usually be provided via its website or by KBC Bank Ireland plc placing an advertisement in at least two daily or Sunday national newspapers outlining the changes. If the Borrower does not wish to accept an amendment, the Borrower may repay the Loan(together with all accrued but unpaid interest theron) but otherwise without penalty prior to the amendment coming into effect. If the Borrower does not repay the Loan prior to the date on which the amendment comes into effect the Borrower will be deemed to have accepted the amendment. To receive a further copy of these Standard Conditions please e-mail: [email protected] KBC Bank Ireland plc is regulated by the Central Bank of Ireland. Central Bank of Ireland PO Box 559 Dame Street Dublin 2.