Financial Velocity Premium

FINANCIAL VELOCITY PREMIUM AGREEMENT

This Financial Velocity Premium Agreement (the Agreement) is entered into by and between Provider Name: with principal place of business at Provider Address: and Client Name: with principal place of business at Client Address: .

Effective Date: . Reference Agreement / Account No.: .

Recitals

WHEREAS, Client delivers or will deliver certain receivables, invoices or eligible financial assets (Transactions) to Provider for accelerated funding; and

WHEREAS, Client desires accelerated funding under terms that include a premium fee for expedited payment (the Financial Velocity Premium), and Provider agrees to provide such funding subject to the terms of this Agreement.

Definitions

For purposes of this Agreement, the following terms have the following meanings. "Advance" means the amount advanced by Provider on account of a Transaction. "Premium" means the fee calculated as a percentage of Advance for acceleration services. "Transaction" means each receivable or invoice presented for funding under this Agreement.

Transaction Schedule and Fee Calculation

List each Transaction to which a Financial Velocity Premium applies. Provider will fund the Advance and charge the Premium as set forth below.

Payment Terms and Funding

Provider will advance the Advance Amount to Client within the Funding Window of business days after acceptance of the Transaction. Advances will be net of Premium Fee and any other agreed fees.

Payment Method (select accepted methods):
ACH transfer Wire transfer Check

Interest, Fees, and Late Payment

Premium Fee is calculated per Transaction as set forth in the Transaction Schedule. Interest on any unpaid amounts shall accrue at a rate of per annum, compounded monthly, or the maximum rate permitted by applicable law, whichever is less.

Late Fee Policy: If Client fails to remit any amount when due, Provider may assess a late charge equal to of the overdue amount and all collection costs, including reasonable attorneys' fees.

Representations, Warranties and Covenants

Client represents and warrants that all Transactions are bona fide, represent valid obligations of the obligor, are free of material defenses and have not been assigned, pledged or otherwise encumbered except as disclosed in writing. Client further warrants that all information provided to Provider is true and correct as of the Effective Date.

Covenants: Client will deliver such documentation and take such actions as Provider reasonably requests to perfect and maintain Provider's security interest in Transactions and to enable collection and enforcement.

Default and Remedies

Events of Default include nonpayment, material breach of any representation, insolvency, or failure to deliver requested documentation. Upon an Event of Default, Provider may suspend funding, offset amounts owed against any payment due to Client, accelerate sums owed, enforce security interests, and pursue all other rights and remedies available at law or equity.

Tax Withholding and Indemnity

Client is responsible for any withholding, collection or remittance of taxes imposed by any jurisdiction on amounts paid under this Agreement. Client will indemnify and hold Provider harmless from any taxes, penalties or interest resulting from Client's failure to timely remit withholding amounts.

Confidentiality; Publicity

Each party agrees to keep confidential the terms of this Agreement and any nonpublic information received from the other party, except as required by law or to exercise rights under this Agreement. No party shall use the other party's name or trademarks in any publicity without prior written consent.

Notices

Governing Law and Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved in the courts located in that state unless the parties agree otherwise in writing.

Certifications

By signing below, each party certifies that the signatory is duly authorized to execute this Agreement on behalf of the party and that the party agrees to be bound by its terms. Each party further certifies that no representation or warranty made in this Agreement is false or misleading in any material respect as of the Effective Date.

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