This Blockchain Loan Agreement is made and entered on this 20th day of August 2019
You or the entity that you represent (hereinafter referred to as “the LENDER”)
NYXEL INTIGRATED SERVICES (hereinafter, “the BORROWER”) a business entity duly registered and existing under the Laws of the Federal Republic of Nigeria with its registered address at 20 Mbonu Street, Dline, Port Harcourt, Rivers State, Nigeria;
In this Agreement, the Lender and the Borrower shall be jointly referred to as the “Parties” and individually as a “Party”
- The Borrower is a corporate entity providing a wide range of blockchain services ranging from exchange, trading and lending services as well as online forex services to its clients and customers.
- The Borrower has provided a decentralized lending platform where owners of digital assets and cryptocurrencies may loan same to the Borrower on agreed interest repayable within a specified period of time.
- The Lender is a bitcoin owner who has indicated interest in lending his/her bitcoin (b) to the Borrower and the latter has agreed, subject to the terms and conditions of the Agreement.
NOW THEREFORE,in consideration of the covenants, promises, assurances and undertakings herein specified, the Parties intending to be legally bound, mutually agree as follows:
1. Loan Advancement
The Lender hereby advances to the Borrower, a bitcoin loan (“the Loan”)
2. Security and Interest Rate
The Loan shall be unsecured and the interest charged on same shall be at the rate of twenty percent (20%) monthly.
3. Repayment Terms and Default
- The Borrower shall pay to the Lender and the latter shall be entitled to, a sum equal to twenty percent (20%) per monthas interest on the Loan.
- The said interest of twenty (20%) per month shall be due to be paid on the twenty eight (28th) from the date of the receipt of the Loan from the Lender.
- In the event that the Borrower fails to pay the said 20% interest after the said 28 days, a grace period of 10 days shall be given to the Borrower to remedy the default and if the Borrower further fails to so do after the 10 days, same failure shall attract a default fee of 5% and thus cumulatively, the Lender shall be entitled to 25% for the particular month of default.
- All payments to be made by the Borrower to the Lender shall be in bitcoin, without prejudice to the Borrower’s authority to convert the Loan and accrued interests to the Naira and pay same to the bank account provided by the Lender.
- All payments to be made by the Borrower to the Lender shall be made exclusively to the bitcoin or converted to the bank accounts from where the Loan was received.
- Where the Lender increases the bitcoin loaned to the Borrower, same increase shall be acknowledged by the Borrower and consequently added to the Lender’s pre-existing loan to the Borrower on the Borrower’s database and any payment in respect of the increased loan shall be made to the pre-existing bitcoin address or bank account provided by the Lender.
- The Loan shall be for a continuous period of six (6) months from the date of receipt of the Loan by the Borrower from the Lender, subject to renewal for another period of six (6) months and at the expiration of the said six (6) months, the Borrower shall:
- Be under duty to return Hundred percent (100%) of the Loan.
4. General Terms
- The Lender guarantees and firmly undertakes (and the Borrower hereby relies on same) that the Loan or its fiat equivalent hereby given the Borrower in pursuance of this Agreement is the legal, legitimate and bona fide property of the Lender and not the proceed of any crime whatsoever nor laundered money/property.
- For all intent and purposes, this is an Agreement to loan digital assets (bitcoin) and same Agreement shall be construed as excluding and not contemplatinginvestment in any kind of securities or assets of any form whatsoever.
- The execution of this Agreement shall be deemed to be an Executed Agreement enforceable and admissible for all purposes as may be necessary under the terms of this Agreement.
- This Agreement shall be amended only by a written instrument executed parties to this Agreement and the provisions of this Agreement are binding between the parties and it embodies their covenants and there are no other promises, terms, conditions, warranties, obligations either written, expressed or implied to be inferred or deduced therefrom other than those contained herein.
- If any provision of this Agreement is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, such unenforceable, invalid or illegal provisions shall not affect the remainder of this Agreement.
- Failure of the either party to insist upon strict compliance with any of the terms, covenants and conditions of this Agreement shall not be deemed a continuing waiver of such term, covenant and condition or of any other provision of this Agreement at any time whatsoever.
- Neither party to this agreement shall be held liable if there is an occurrence of a force majeure or an actus intervenus such as natural disaster, riots, or other supervening events which do not result from the negligence or collusion of either party.
- Any dispute arising under this agreement and which the parties are unable to resolve amicably shall be referred to arbitration, before a single arbitrator to be jointly appointed by the parties and the award of the arbitrator shall be in accordance with the Arbitration and Conciliation Act. The decision of the arbitrator shall be binding on the parties.
- This agreement shall be performed, enforced and construed exclusively in accordance with the laws of the Federal Republic of Nigeria.
MRS PRECIOUS ONYEKA WOGU
(Managing Director/Chief Executive Officer)
For and on behalf of:
Nyxel Integrated services