Promissory Note Template Page 7
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28PLEASE NOTE THAT ITEMS HIGHLIGHTED IN YELLOW MAY BE VARIABLE BETWEEN
PROMISSORY NOTES, DEPENDING ON THE COMMERCIAL TERMS SET OUT
“Material Adverse Effect” means a material adverse effect on:
(a)
the business, operations assets, condition (financial or otherwise) or prospects of any
Obligor;
(b)
the ability of any Obligor to perform and comply with its payment obligations or other
obligations which, in the reasonable opinion of CM are material under this Note; or
(c)
the validity or enforceability or the effectiveness of this Note or the rights or remedies
of CM and the Lenders under this Note;
“Maturity Date” means the date the Promissory Note is paid in full;
“Maturity Period” means the period of time at the end of which the Promissory Note is paid in
full;
“New Lender” has the meaning specified in Clause 29.1;
“Obligor” means the Borrower and/or the Guarantor, as the context may require;
“Officer” in relation to CM means any director, officer, or employee of CM;
“Platform” refers to the Capital Match Lending Platform found on
https://lending.capital-
.
“Principal” means as of the date this Promissory Note is issued, the amount lent to the
Borrower by the individual Lender under this Note, which the Borrower has agreed to repay,
and is referred to on the Platform as the amount the individual Lender has committed to fund;
“Processing Fee” has the meaning specified in Clause 7.1;
“Repayment Date” has the meaning specified in Clause 5.1;
“Tenor” has the meaning specified in Schedule 1 of this Note;
“Transfer Certificate” means a certificate substantially in the form set out in Schedule 5 (Form
of Transfer Certificate) or any other form agreed between CM and the Borrower.
“Transfer Date” means in relation to a transfer, the later of:
(a) The proposed Transfer Date specified in the Transfer Certificate; and
(b) The date on which CM executes the Transfer Certificate;
“Transfer Processing Charge” has the meaning specified in Clause 29.3;
“SGD” or “S$” shall mean the lawful currency of the Republic of Singapore; and
“Unique ID” means an 8-character unique identifier that each Lender is assigned upon
registration with Capital Match Platform Pte. Ltd. through https://lending.capital-.
1.2
Unless a contrary indication appears, any reference in this Note to:
the “Borrower”, the “Lender”, an “Obligor”, the “Guarantor”, the “Agent”, any “Party”
(a)
or any other person shall be construed so as to include its successors in title, permitted
assigns and permitted transferees;
an “amendment” includes a supplement, novation, restatement or re-enactment and
(b)
“amend” and “amended” will be construed accordingly;
Page 7 of 28
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