Employee Undertaking for any type of Company Cash Advance/Loan Application
(1% Interest from July, 2021 Onwards)
** I hereby certify that all information herein are true and correct based on my own knowledge and further authorize VCSI to obtain as it may require concerning my application and agree that it shall remain VCSI’s property whether my application is approved or not.
** I hereby willingly, voluntarily and with full knowledge of my right under the law, waive the right to confidentiality of information and authorize VCSI to disclose, divulge and reveal any such information relating to my account, including events of default, for the purpose of, among others, credit reporting, or verification and recovery of the obligation due and payable to VCSI under the terms and conditions of this agreement (refer to the Promissory Note section).
** In view of the foregoing, VCSI may disclose, divulge, and reveal the aforementioned information to third parties or to any central monitoring entity or recipients as provided for by law and required competent authority.
** I hold VCSI free and harmless from any and all liabilities, claims, and demands of whatever kind or nature in connection with or arising from the aforementioned disclosure or reporting.
** Subject to the approval of my application and availment of the approved proceeds, I hereby assign in favor of VCSI an amount equivalent to the monthly amortization of my loan from my salary and other remuneration. I also authorize VCSI to deduct the same amount from my salary and other remunerations.
** I hereby confirm and acknowledge that in the event of the occurrence of any circumstance that would cause my separation from my employment either by resignation, termination, retirement, or death, I hereby authorize VCSI to render my loan automatically due and demandable. Consequently, I further authorize VCSI to deduct from any remuneration or compensation of whatever kind or nature due to me for the full settlement of the loan.
** I hereby agree that VCSI has the sole discretion on whether to approve or reject my application and on the final amount of proceeds to be released, should my application be approved, and I shall render VCSI free and harmless from any liability arising thereof.
** Should my application be denied, VCSI has no obligation on its part to furnish the reason for the loan rejection.
** I agree that this application and/or undertaking shall remain VCSI’s property whether the application is granted or not.
1. Purpose
The approved proceeds shall be used only for the purpose approved by VCSI as stated hereinabove.
2. Payment & Assignment
The Borrower hereby authorizes VCSI to automatically debit from the Borrower’s salary and/or other remunerations, the amount of the semi-monthly amortization of the approved proceeds, plus interest, penalties, or any other charges related to the approved proceeds. If the net salary of the Borrower is not sufficient to cover for the payment of the semi-monthly amortization in full, no deduction will be made. The deduction of the semi-monthly amortization will resume the following payroll period wherein the Borrower’s net salary will be able to cover the amount of the semi-monthly amortization in full. Hence, the original maturity date stated hereinabove shall be automatically adjusted based on the number of payroll periods wherein no deduction was made due to the Borrower’s net salary not being able to cover the amount of the semi-monthly amortization in full.
In the event that a secondary or a tertiary application will be approved, the Borrower hereby authorizes VCSI to automatically debit from the Borrower’s salary and/or remunerations, the total amount of semi-monthly amortizations of all approved proceeds, plus interest, penalties, or any other charges related to the approved proceeds. If the net salary of the Borrower is not sufficient to cover for the payment of the total amount of semi-monthly amortizations of all approved proceeds in full, no deduction will be made. The deduction of the total amount of semi-monthly amortizations of all approved proceeds will resume the following payroll period wherein the Borrower’s net salary will be able to cover the total amount of the semi-monthly amortizations of all approved proceeds in full. Hence, the original maturity dates of all approved
proceeds shall be automatically adjusted based on the number of payroll periods wherein no deduction was made due to the Borrower’s net salary not being able to cover the total amount of the semi-monthly amortizations of all approved proceeds in full.
3. Events of Default
Upon the happening of any of the following events, VCSI may at its option, accelerate maturity of this Note and the entire outstanding amount of this note shall automatically become due and payable without demand or notice: (1) in case of resignation, AWOL, termination or severance from VCSI, (2) the Borrower dies or becomes insolvent (i.e., could no longer pay the undersigned Borrower’s obligations as they fall due), (3) in case of conviction for a criminal offense with final judgment carrying with it the penalty of civil interdiction affecting the undersigned Borrower or (4) any representation or warranty, covenant or undertaking embodied in this Note turns out to be untrue or ceases to be true in any material respect. VCSI reserves the right to endorse the account to a collection agency of its choosing in the event of default, provided, that in case of such endorsement, VCSI shall inform the Borrower in writing at the address indicated herein, or as appearing in its records, at least seven (7) days prior to the actual endorsement.
4. Effects of Default.
If the Borrower is in default, such default shall have the following effects, alternative, concurrent and cumulative with each other: (a) All outstanding loan obligations of the Borrower with VCSI shall automatically become due and payable. The Borrower may opt to continue their semi-monthly amortization without changing the terms and conditions of payment by issuing Post-Dated Checks subject however to the approval of VCSI which decision shall be final and unappealable; (b) The undersigned Borrower shall also pay, as and for attorney’s fees, a sum equivalent to twenty percent (20%) of the total amount due under this Note but in no case less than TEN THOUSAND PESOS (PhP10,000.00), plus expenses and cost of collection, in case this Note is placed in the hands of an attorney for collection; (c) VCSI shall be entitled tp apply in payment of the outstanding obligations any and all moneys/properties of the Borrower, which for any reason, are presently, or which may hereafter come into the possession of VCSI. For this purpose, I hereby authorize and empower VCSI, at any time and at its option, without notice, to set-off or apply to the payment of any amount due under this Note and/or any other obligation of the undersigned, whether as principal or secondary obligor, to VCSI, irrespective of the date of maturity, whether or not the obligation is then due, any or all monies, securities and things of value which are now or which may hereafter be in the credit of or belonging to the undersigned Borrower, and VCSI is hereby further authorized and empowered to sell at public or private sale such securities or things of value and to apply the proceeds thereof to such payment; (d) VCSI shall have the right to exercise, alternatively, concurrently and cumulatively, all other rights and remedies now or hereafter available to it under the applicable laws.
5. Venue.
Any court action arising under or by virtue of this Note shall be instituted exclusively in the proper court of Angeles City, or at such other venue chosen by VCSI, the Borrower waiving for this purpose any other venue. By its signature hereunder, the Borrower irrevocably submits to such venue.