Trade Name of the Debtor Agreement no

Asya Katılım Bankası A.Ş. General Loan Agreement Company Name ___________________________________ Agreement Amount _______________________________...
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Asya Katılım Bankası A.Ş. General Loan Agreement

Company Name

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Agreement Amount

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Issued on

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Agreement no. ___________________________________ BANK ASYA Asya Katılım Bankası A.Ş. Pledge and Guarantee Agreement

Name Surname/Trade Name of the Debtor ___________________________________ Agreement no. ___________________________________ BANK ASYA

06.01.KOM.04.220/04.03.2013

PLEDGE and GUARANTEE AGREEMENT 1. PLEDGE DECLARATION AND TERMS 1.1. The undersigners, in capacity of "Pledger and Guarantor", of this agreement accept that i) pledge, for 10 years without any monetary limitation, all their present and future accounts at Asya Katılım Bankası A.Ş.'s Head Office and Branches ("Bank") disregarding if there is any balance amount therein, in favor of the Bank for securing all their present and future payables of the Debtor to the Bank under loan agreements, leasing agreements and any transaction that is considered as a loan, executed before or after this Agreement between the Bank and ……………………………….. ("Debtor") ii) they transfer their right of disposal over the accounts to the Bank iii) they accept that the Bank shall be entitled to set-off its receivables with the balance in the pledged agreement, without any notice, if the Debtor defaults on the aforementioned agreement. 1.2. Bank acknowledges that i) it accepted the pledge ii) it left the right of disposal over the pledged accounts at the pledgers unless the Debtor falls under default against the Bank under these present/future agreements mentioned above and iii) Bank shall exercise its right of disposal and right to set-off over the accounts if the Debtor falls under default against the Bank in the mentioned agreement. 1.3. Events of defaults by Debtor under the agreement between the Bank and the Debtor are: i) failure to pay the debt by a certain payment date (in the repayment schedule of a fund extension for a cash loan and payment schedule of a leasing agreement) that was clearly specified in a document to be used by the Debtor at the extension of the loan or any amount under a transaction that is considered as a loan ii) failure to pay the debt by the date on which the debt arose (commission, premium and similar debts that accrue in similar intervals) or the debt became cash (guarantee letter, counter guarantee and similar non-cash loans). iii) Debtor's falling under default for any due or undue debt, initiation of enforcement proceedings against the Debtor, failure to remove the enforcement proceedings within 5 days from the final enforcement proceedings or a later determination of the same fact, postponement of the Debtor's bankruptcy, grant of time to Debtor for composition of its debts with the creditors, submission of the Debtor's or any other person's application or announcement of a judgment for restructuring the debts by reconciliation, significant decrease in the ratio of Debtor's total assets to its total liabilities when compared to the ratio before execution of this agreement, decrease of the same acceptable rate and failure to increase it within the reasonable period of time, failure to strengthen the guarantee for the Bank's receivables, significant decrease in value of an item securing the loan or termination of its security function and failure to recover the security deficiency within the granted period of time; in these events all outstanding amount payable by the Debtor to the Bank may become accelerated. 2. GUARANTEE DECLARATION AND ITS TERMS 2.1. As the Pledger and the Guarantors, we acknowledge to jointly and severally guarantee as mentioned in the above agreements and credit debts transactions with the debtor and other guarantors if they exist, all present and future payable to the bank including the Debtor's present and future payables under amounts borrowed by third parties in support of the Debtor's instruction, guarantee commitment or counter guarantee, and that we are fully liable, limited to the maximum guarantee amounts respectively specified below, for our debts under any profit share, delay, late fee, tax, fund, premium and accessory debts for default of the same, which accrued dependent on the Debtor's default or fault without any time restriction, whether for a cash or non-cash principal amount or principal for leasing. 2.2 As Pledgers and Guarantors, we acknowledge that the Bank has a full freedom of movement regarding the guaranteed debts and we consent on one or more alternative lending process, their renewal and restruction within our guarantee frame.

06.01.KOM.04.220/04.03.2013

2.3. As Pledgers and Guarantors, we acknowledge that we consent to exchange of bills/bad checks that were taken as security but were not paid and were subject to protest, and undue bills and checks with the nominally equivalent securities and allow the bank to exchange the checks and bills, which were taken as security, (provided that the total amount is maintained) in its own discretion. 2.4. As Pledgers and Guarantors, we consent the provision of the Guarantors with a limited amount of securities upon any Guarantor's payment, where the Bank collects its full amount of receivables and the debt is repaid partially or completely by the guarantor and later submits a written demand within one month. Afterward the Bank may return the securities to the Customer, relevant guarantor or the concerning person without any further notice. 2.5. Pledgers and Guarantors must immediately notify the Bank after their payments for the account of the debtor under these present guarantee obligations. Otherwise, the Bank may not be held liable under these guarantee provisions for any payment or transfer made by the guarantors for the account of the Bank. 2.6. Pledgers and Guarantors acknowledge that the Bank may send the required notices through the means of communications specified below and via an instrument that is compatible with such means of communication. ASYA KATILIM BANKASI A.Ş. ____________________________ BRANCH

06.01.KOM.04.220/04.03.2013

SPOUSE'S CONSENT FOR GUARANTEE I hereby give my consent to my spouse to grant guarantee for the present and future loan debts of the debtor, whose name, surname or trade name is given above, payable to Asya Katılım Bankası A.Ş. Head Office and Branches up to the guarantee amount specified below, as a joint guarantor or, in the event of guarantors, as a guarantor independent from them, and also give my consent to my spouse to grant security without my permission, provided that risk/security trade off is maintained exactly equally. ___/___/________ Amount Guaranteed: Name Surname (TR ID #) Signature

: :

PLEDGER AND JOINT GUARANTOR guarantor

To be filled in by the guarantor or an agent of the

Name Surname / Trade Name : Guarantee Date Guarantee Type Maximum Amount Guaranteed Telephone Mobile Phone Fax E-mail Address

: : : : : : : ______________@_____________________________ :

Signature

:

This section will be signed by the guarantor-natural person and must be married I hereby declare that I became guarantor with my spouse's consent. Signature : SPOUSE'S CONSENT FOR GUARANTEE I hereby give my consent for my spouse to grant guarantee for the present and future loan debts of the debtor, whose name, surname or trade name is given above, payable to Asya Katılım Bankası A.Ş. Head Office and Branches up to the guarantee amount specified below, as a joint guarantor or, where there is further guarantors, as a guarantor independent from them, and also give my consent for my spouse to grant security without my permission, provided that risk/security trade off is maintained exactly equally. ___/___/________ Amount Guaranteed : Name Surname (TR ID #) : Signature : PLEDGER AND JOINT GUARANTOR guarantor

To be filled in by the guarantor or an agent of the

Name Surname / Trade Name : Signature :

06.01.KOM.04.220/04.03.2013

INCREASE IN GUARANTEED AMOUNT SPOUSE'S CONSENT TO INCREASE THE GUARANTEED AMOUNT I hereby give my consent increase, by up to the amount specified below and subject to the same terms, to the guaranteed amount under my spouse's guarantee commitment given for the loan debts of the debtor, whose name, surname or trade name is given above, payable to Asya Katılım Bankası A.Ş. Head Office and Branches. ___/___/______ Increase in Guaranteed Amount : Maximum total amount of the guarantee Name Surname (TR ID#) Signature : PLEDGER AND JOINT GUARANTOR guarantor

: :

To be filled in by the guarantor or an agent of the

Name Surname / Trade Name / TR ID# : Guarantee Date : Guarantee Type : Increase in Guaranteed Amount : The final Maximum amount of the guarantee : Telephone : Mobile Phone : Fax : E-mail : ______________@_____________________________ Address : Signature

:

This section will be signed by the guarantor-natural person and must be married I hereby declare that I accept the increase of the guaranteed amount, subject to the same terms, with my spouse's consent. Signature :

06.01.KOM.04.220/04.03.2013

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