Common use of Inclusion Process Clause in Contracts

Inclusion Process. (a) Subject to the other provisions of this clause 5.1, the Borrower may include in the Portfolio (for their full principal amount, and not partially) loans that: (i) are SME Loans and comply with other relevant provisions of this Agreement; and (ii) are entered into during the Inclusion Period. (b) The Borrower shall submit an Inclusion Notice by each Quarterly Report Date in respect of SME Loans entered into in the Calculation Period preceding the date of delivery of the relevant Inclusion Notice provided that the last Inclusion Notice shall not be sent later than on the date falling one month after the Inclusion Period End Date. (c) If no SME Loan(s) are to be included in the Portfolio during a particular Calculation Period, an Inclusion Notice stating that no SME Loans are to be included shall be sent to the Lender within one month of the end of that Calculation Period. (d) The Borrower shall promptly after the end of the Availability Period deliver to the Lender a notice in the form of appendix 2 (Form of Approval at the end of the Availability Period) of schedule 4 (Form of Notices) including the required information on any SME Loans approved before the end of the Availability Period that may be included in the Portfolio after such date. (e) Upon receipt by the Lender of the signed Inclusion Notice, the SME Loan(s) referred to therein shall be included in the Portfolio. For the avoidance of doubt, SME Loans so included in the Portfolio shall be included in the Portfolio from the date on which such SME Loans shall have been entered into. (f) Each Inclusion Notice shall be sent by the Borrower to the Lender together with the Quarterly Report (in excel format) via email and no later than on the relevant Quarterly Report Date. (g) No SME Loan(s) shall be included in the Portfolio if an Event of Default related to the Borrower has occurred and is continuing.

Inclusion Process. (a) Subject to the other provisions of this clause 5.1Clause 6.1, the Borrower Intermediary may include in the Portfolio (for their full original principal amount, and not partially) loans SME Transactions that: (i) are SME Loans and comply with the Eligibility Criteria and all other relevant provisions of this Agreement; and (ii) are entered into during a period (the “Inclusion Period”) commencing on (and including) the first day of the Availability Period and ending on the last day of the Availability Period (the “Availability Period End Date” or the “Inclusion Period End Date”). (b) If a Trigger Event has occurred on the relevant Trigger Event Determination Date then, unless otherwise notified by the Counterparty to the Intermediary in writing, the last day of the Availability Period shall be deemed to be such Trigger Event Determination Date and the other provisions of this Agreement shall be construed accordingly. The Borrower Intermediary hereby undertakes to notify promptly the Counterparty upon the occurrence of one or more Trigger Event(s) by sending to the Counterparty a notice in the form of Schedule 10 (Form of Trigger Event Notice) and to provide the Counterparty on each Trigger Event Determination Date with information relating to (as applicable) (a) the aggregate value of the Collateral on such date, (b) the aggregate Defaulted Amounts incurred on such date and (c) the Actual Portfolio Volume on such date. (c) The Intermediary shall submit an Inclusion Notice by each Quarterly Report Date in respect of SME Loans Transactions entered into in the Calculation Period calendar quarter preceding the date of delivery of the relevant Inclusion Notice provided that the last Inclusion Notice shall not be sent later than on the date falling one month after the Inclusion Period End Date. (c) If . In case no SME Loan(s) Transactions are to be included in the Portfolio during a particular Calculation Periodcalendar quarter, an Inclusion Notice stating that no SME Loans Transactions are to be included shall be sent to the Lender within one month of Counterparty by the end of that Calculation Period. (d) relevant Report Date. The Borrower Intermediary shall promptly after the end of the Availability Period End Date deliver to the Lender Counterparty a notice in the form of appendix Schedule 2 (Form of Approval at the end of the Availability Period) of schedule 4 (Form of Notices) including the required information on any SME Loans Transactions approved by the Intermediary before the end of the Availability Period and that may be included in the Portfolio after such date, as applicable. (e) Upon receipt by the Lender of the signed Inclusion Notice, the SME Loan(s) referred to therein shall be included in the Portfolio. For the avoidance of doubt, SME Loans so included in the Portfolio shall be included in the Portfolio from the date on which such SME Loans shall have been entered into. (f) Each Inclusion Notice shall be sent by the Borrower to the Lender together with the Quarterly Report (in excel format) via email and no later than on the relevant Quarterly Report Date. (g) No SME Loan(s) shall be included in the Portfolio if an Event of Default related to the Borrower has occurred and is continuing.

Inclusion Process. (a) Subject to the other provisions of this clause 5.1Clause 6.1, the Borrower Intermediary may include in the Portfolio (for their full original principal amount, and not partially) loans SME Transactions that: (i) are SME Loans and comply with the Eligibility Criteria and all other relevant provisions of this Agreement; and (ii) are entered into during a period (the “Inclusion Period”) commencing on (and including) the first day of the Availability Period and ending on the last day of the Availability Period (the “Availability Period End Date” or the “Inclusion Period End Date”). (b) If a Trigger Event has occurred on the relevant Trigger Event Determination Date then, unless otherwise notified by the Counterparty to the Intermediary in writing, the last day of the Availability Period shall be deemed to be such Trigger Event Determination Date and the other provisions of this Agreement shall be construed accordingly. The Borrower Intermediary hereby undertakes to notify promptly the Counterparty upon the occurrence of one or more Trigger Event(s) by sending to the Counterparty a notice in the form of Schedule 10 (Form of Trigger Event Notice) and to provide the Counterparty on each Trigger Event Determination Date with information relating to (as applicable) (a) the aggregate value of the Collateral on such date, (b) the aggregate Defaulted Amounts incurred on such date and (c) the Actual Portfolio Volume on such date. (c) The Intermediary shall submit an Inclusion Notice by each Quarterly Report Date in respect of SME Loans Transactions entered into in the Calculation Period calendar quarter preceding the date of delivery of the relevant Inclusion Notice provided that the last Inclusion Notice shall not be sent later than on the date falling one month after the Inclusion Period End Date. (c) If . In case no SME Loan(s) Transactions are to be included in the Portfolio during a particular Calculation Periodcalendar quarter, an Inclusion Notice stating that no SME Loans Transactions are to be included shall be sent to the Lender within one month of Counterparty by the end of that Calculation Period. (d) relevant Report Date. The Borrower Intermediary shall promptly after the end of the Availability Period End Date deliver to the Lender Counterparty a notice in the form of appendix Schedule 2 (Form of Approval at the end of the Availability Period) of schedule 4 (Form of Notices) including the required information on any SME Loans Transactions approved by the Intermediary before the end of the Availability Period and that may be included in the Portfolio after such date, as applicable. (ed) Upon receipt by the Lender Counterparty of the signed original of each Inclusion Notice, the SME Loan(s) Transaction referred to therein shall be included in the Portfolio, provided that no SME Transaction shall be so included if an Event of Default or a Potential Event of Default related to the Intermediary has occurred and is continuing. For the avoidance of doubt, SME Loans Transactions so included in the Portfolio shall be included in the Portfolio Covered SME Transactions from the date on which such SME Loans Transactions shall have been entered into. (e) If the original principal amounts of SME Transactions referred to in an Inclusion Notice is such that, as a result of their inclusion in the Portfolio, the Actual Portfolio Volume would exceed the Agreed Portfolio Volume, the SME Transactions will be included in the Portfolio only up to and to the extent that the Actual Portfolio Volume resulting from any such inclusion does not exceed the Agreed Portfolio Volume. The Counterparty shall have sole and absolute discretion as to which of such SME Transactions shall be included and which shall not be included. Notwithstanding the provisions of Clause 6.1(a) (Inclusion Process), in such circumstances and in order to reach the Agreed Portfolio Volume, the Counterparty may (with the prior written consent of the Intermediary) elect to include only part of the original principal amount of an SME Transaction. (f) Each Inclusion Notice shall be sent by the Borrower Intermediary to the Lender Counterparty together with the Quarterly Report (in excel format) via email at the Relevant Counterparty Address and no later than on the relevant Quarterly Report Date. (g) No SME Loan(s) shall be included in the Portfolio if an Event of Default related to the Borrower has occurred and is continuing.