Refinancing terms
A. Refinancing with recourse
- Refinancing of real estate loan portfolios is granted against collateral equal to or greater than 125% of the requested refinancing amount. Refinanced loans are backed by first mortgages or equivalent collateral or guarantees provided by an insurance company.
- Although the receivables remain on the A.I.’s balance sheet, they are the property of SRH, which reserves the right to verify, at any time, on site and/or on the basis of documents, their physical existence and their full ownership by the borrowing institution in accordance with the regulations in force;
- The funds are materialised against promissory notes issued by the A.I. in favour of SRH. The notes must have the same terms (amount, duration and rate, etc.) as the bonds issued by SRH, plus a margin;
- Throughout the refinancing period, the A.I. is required to refrain from any transaction involving the refinanced receivables (transfer, assignment, etc.) until they have been repaid in full. It is also required to replace, at any time, doubtful or disputed receivables with eligible receivables of an equivalent amount;
- In the event of default by the A.I. upon maturity of a promissory note, SRH reserves the right to declare all notes issued to SRH due and payable. These become due and payable de facto;
- After establishing the default of the A.I., SRH reserves the right to use all means and methods to safeguard its interests, including the enforcement of guarantees.
B. Non-recourse refinancing
- The A.I. obtains the desired refinancing of the portfolios of loans granted after transferring, in accordance with the legislation in force, the first mortgages and all other accessories guaranteeing these loans, which are the subject of refinancing, to SRH;
- The A.I. enters into a debt assignment agreement with SRH prior to the implementation of the assignment process;
- The A.I. may, at the request of SRH, continue to manage the refinanced debts in return for a management fee negotiated between it and SRH;
- The A.I. enters into a refinanced debt management and collection agreement with SRH;
- The two assignment and management agreements will be negotiated between the A.I. and SRH.