[2025] EWHC 908 (Ch)

Fecha: 17-Abr-2025

The Loan Agreement

The Loan Agreement

35.

The Loan Agreement, which is headed “HNW LENDING LIMITED LOAN AGREEMENT”, states that it is made between Ms Lawrence and “the Lender (acting by HNW Lending Limited (as Security Agent)”. The Lender is not named in the Loan Agreement but is identified in Schedule 4 to the Agreement by the number “1” and is described as “a person … who lends money through HNW Lending Limited who has granted permission for ‘HNW Lending Limited to act as their Security Agent in entering into and administering this loan to the Borrower.”

36.

The Loan Agreement includes the following provisions:

LOAN AGREEMENT

2.1

The Lender hereby agrees to make a loan of the Loan Amount to the Borrower for the Loan Period upon the following preconditions …

2.2

This Loan Agreement is entered into by the Lender as detailed in Schedule 4…

CONSUMER CREDIT LEGISLATION

3.1

The Borrower is borrowing for business purposes and prior to the loan under this Loan Agreement being entered into, the Borrower will sign a Declaration for exemption relating to businesses attached at Schedule 2. Therefore this Loan Agreement is exempt under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.

REPAYMENT AND INTEREST

4.1

The Borrower shall repay the Loan Amount to the Lender on or before the end of the Loan Period.

4.2

Interest shall accrue on the Loan Amount at the Standard Interest Rate and the Borrower shall pay accrued interest on the Interest Repayment Dates.

13.

LENDER

13.1

The Lender has appointed the security agent to act as its security agent under and in connection with the finance documents.

13.2

The Security Agent declares that it holds the security on trust for the lender on the terms contained in this agreement.

13.3

The Lender authorises the Security Agent to perform the duties, obligations and responsibilities and to exercise the rights, powers, authorities and discretions specifically given to the Security Agent (as applicable) under or in connection with the Finance Documents, including to, among other things:

13.3.1

Enter into loan(s) upon receipt of signed Security Agent instructions;

13.3.2

Receive payments in respect of either interest or capital or any other amounts payable by the borrower due under the loan(s;

13.3.3

make payments in respect of either interest or capital or any other amounts payable by the borrower due under the loan(s) to the Lender;

13.3.4

take steps to procure the payment of a debt under the loan(s);

13.3.5

exercise or enforce rights under the loan(s) on behalf of the Lender and therefore to take proceedings against the Borrower;

13.3.6

hold any security provided under the loan(s) on behalf of the Lender;

13.3.7

perform any other actions agreed in writing between the Security Agent and the Lender …

13.3.8

exercise any other incidental rights, powers, authorities and discretions.

14.

POWERS OF THE LENDER

14.1

The Security Agent or Lender shall be entitled (but shall not be obliged) to remedy, at any time, a breach by the Borrower or any of its obligations contained in this Loan Agreement and the Borrower irrevocably authorises the Lender and its Security Agents to do all things that are necessary or desirable for that purpose.

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