WHEREAS, Finders specialize in verifying and validating business information, pertaining to Companies and/or Projects for Personal Loan and Structured Financing. Validations of any material representations made on behalf of any Company contained in its business plan and related data are required before referral to any financial resources known to Finders in order to assess their risk in any presented business opportunities, the cost of which is the responsibility of the Company and/or the project promoter.
The Company is desirous of obtaining commercial debt financing for a Project known as Leads and the amount of funding being requested is a Personal Loan above. Keith Stevens agrees to Pay Finders Inc. 4 percent when deal is funded. Finders will assist client with a Personal Loan. Finders has Banks, that will assist with funding. Payment method will be in form of a cashier check, made payable to Finders Inc; Zelle, Paypal or deposit into Bank account. Person Loan TBA (Refer to Schedule A) There will be a $500.00 upfront fee for Consultation, whereas Finders Inc. agrees for an pre-approval letter.
Finder’s is desirous of being engaged to assist the Company upon terms and conditions set forth herein.
the parties agreeing to be mutually bound hereby in exchange for the mutual covenants contained herein do agree as follows:
I. Pursuant to the terms and conditions that follow, Finders will commence its customary validation process relevant to the business documentation and related information supplied to Finders by Company. If additional information is required by the Company, will promptly provide Finders with all information, materials, data, financial information, or such other information as Finders or any of its financing sources may request in their sole discretion.
II. FINDERS may verify financial, market and projected growth capability and representations made, and any other relevant material representations made by the Company in its business and financial documents pertaining to its projects, or any information required or reasonably requested by any financing sources and/or FINDERS as determined in their sole discretion.
III. If deemed necessary, FINDERS may perform a site inspection and conduct in-depth management interview and may inform Company what additional information and/or changes may be necessary in addition to the information contained in the project materials, and/or package received by the company by FINDERS.
IV. Company agrees to cooperate fully in a timely manner with FINDERS by providing FINDERS with any requested documents, materials, financial information, and/or any information that may be deemed reasonable and necessary as determined in the sole discretion of FINDERS. The Company acknowledges and authorizes that FINDERS will share all information, documents, materials, financial information, and/or any and all other information provided to FINDERS by the Company with financing sources of FINDERS. The Company hereby further authorizes FINDERS or its agents, representatives, and financing sources to obtain a credit report on the Company, and in the event a guarantee is to be provided by any guarantor, the Company will cause the guarantor to execute an authorization to allow a credit report to be obtained.
V. By evidence of the authorized originators of the Company on this Agreement, FINDERS are hereby authorized by Company to contact selected references submitted by Company and to directly communicate with professionals retained by Company and related business contacts of Company and/or its subsidiaries and affiliates for the purpose of seeking to verify and validate any information given to FINDERS by Company.
VI. Company warrants to FINDERS that all documents, materials, and information disclosed or to be provided to FINDERS, pursuant to the terms of this agreement will be true, accurate and correct in all material respects on the date hereof and on the closing date of any loan transaction. Failure of any the parties hereto to enforce any provision of this agreement shall not be construed as a waiver of any of the other provisions of this agreement.
VII. Company, its subsidiaries and/or affiliates agree to and hold FINDERS and its officers harmless, from any and all losses or claims against FINDERS, its officers, directors, subsidiaries and/or affiliates, if applicable, arising from the performance of this Agreement. The Company further agrees to defend and hold FINDERS and its management harmless from any litigation proceedings arising from any transaction hereunder, irrespective of any resources, independent findings and decisions made by any third party. The Company recognizes, agrees, and understands, evidenced by its authorized signatory(is) on this Agreement that the sole function of FINDERS and its management, is to evaluate and assess all information submitted, or to be submitted by the Company to perform site visit(s), if deemed required, to seek to verify the validity, capability, feasibility and credibility of the Company’s documentation and requirements and to render it’s confidential findings to the Company and to any financing sources. FINDERS is
relying upon the information submitted to it by the Company being complete, accurate and truthful in all material respects.
The parties hereto agree that any dispute, claim, or disagreement pursuant to the provisions of this agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association now in force or hereinafter adopted. No such dispute, claim, or disagreement pursuant to the provisions of this agreement shall be subject to the filing if suit by either of the parties hereto, or shall any such dispute, claim or disagreement be subject to judicial proceedings except as*** Atlanta Ga. law permits for judicial review of arbitration proceedings. The laws of the state of ***Atlanta Ga. shall govern this agreement and all matters relating thereto. The venue for any arbitration or judicial review of arbitration or judicial review of arbitration pursuant to this Agreement shall be in the County of Pitt, State of North Carolina.
VIII. In the event this Agreement is valid in one jurisdiction and invalid in another, it shall be deemed to have been executed and effective in the jurisdiction in which it is deemed to be valid.
IX. The Company, hereby warrants that the Company (if an individual person or persons), or a managing agent(s), officers, or directors (if a business entity other than an individual person or persons), (1) is/are each and all sufficiently experienced, trained and sophisticated in business affairs to properly evaluate business risk, and what an evaluation and assessment process is and, (2) that in approving and entering into this Agreement, Company has relied upon Company’s own, or independent counsel and advice, and not upon and advice or counsel from finders or any intermediaries, Company’s agents or employees and, (3) that Company considers itself (himself) to be an experienced and sophisticated business person or entity.
X. The Company, and its subsidiaries, affiliates, offices, management, agents, employees, and/or professional representatives, assigns or heirs recognize and agree that FINDERS is an evaluation and assessment company that does not act as a lender or loan money. The Company will be solely responsible to negotiate any loans/investments directly with any financing sources that have expressed an interest in Company. The Company and its subsidiaries, affiliates, understand that FINDERS and its principals do not make loans, is not a mortgage, business loan or securities broker or agent, real estate broker or agent for any third party, or a loan brokerage of any type. It is further agreed and clearly understood by Company and its management that FINDERS nor its management, should in any way be construed by Company, its subsidiaries, affiliates, its officers, management, agent(s), employees, and /or assigns or heirs as being or doing or acting in any of the aforesaid capacities in this section (XI) of this Agreement
XII. Both Company and FINDERS agrees not to contact in any manner, form or to submit to refer any business directly or indirectly to any financing sources identified to Company by FINDERS or to any management, heirs, affiliated companies, and subsidiaries, or to circumvent or to bypass each other for any reason for a period of five (5) years without either Company or finders securing in writing an authorization to do so. This non-circumvention section applies to Company’s and FINDERS employees, assigns, legal or accounting re-penetrative, finance professionals of any kind, brokers, broker dealers, securities firms, intermediaries, or anyone or any source known to Company/FINDERS, including Company(s)/FINDERS management, heirs, affiliated companies, and subsidiaries.
XIII. At the conclusion of FINDERS validation and compliance process, FINDERS will forward an itemized billing statement and finding resulting from the validation and compliance process to Company email and to any financing sources(s) requiring this information, as directed by Company, along with the return of any unbilled funds.
XIV. Limit if Liability: No party shall be liable to any other for (1) any direct, incidental, special, or consequential damages such as loss of profits or loss of opportunity, however caused whether as a result of negligence of a party or otherwise, or (2) any liability, whether on contract or in tort.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have caused their authorized signatory (is) to enter into this agreement. This agreement is binding upon the parties hereto, their representatives, principals, directors, offices, successors, assigns and heirs and shall only be modified or amended by the mutual written consent of the parties hereto. The signatories below warrant that they are principals, officers, and/or directors of the below listed organization, company, projects, partnerships and/or entity and are thereby authorized to enter into this agreement with full corporate or written authorization and responsibility and/or company board resolution approval and have sought and have reviewed this agreement with their selected independent legal counsel.
Pursuant to executed Agreement dated the 21 days of December 2022, hereby confirms that FINDERS have permission to introduce Company to:
The above-named companies or person(s) shall be covered under the terms as agreed upon in this executed Agreement. This signed Schedule “A” will act as written confirmation for FINDERS to make this/these introduction(s).
Based on the Validation and Compliance (Due Diligence) being completed, FINDERS will bring together the Potential Prospect(s) and provide a preliminary term sheet.
Be advised that this is based on assuming satisfactory results, and your company having successfully answered all questions.
By:
Title:
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