6. Statements
iA Financial Group shall provide a disclosure statement once every twelve (12) months.
Any future correspondence, including the annual disclosure statement, is deemed to have been received by the Borrower on the fifth (5th) business day after its postmark date. The Borrower
must notify iA Financial Group in writing of any errors or omissions within thirty (30) days following receipt of the statement, otherwise it will be deemed to be accurate and complete.
7. Currency
All amounts payable to or by iA Financial Group shall be in the legal currency of Canada.
8. Type of loan
a) 100% investment loan without margin call
There is no cash investment required from the Borrower.
b) 1:1 investment loan without margin call
If the Total Principal Amount is to be invested in a newly issued Non-registered Annuity Contract, the Total Principal Amount may not exceed the value of the cash investment made by
the Borrower on the date iA Financial Group approves the loan application.
If the Total Principal Amount is to be invested in an existing Non-registered Annuity Contract, the Total Principal Amount may not exceed the Book Value of the Non-registered Annuity
Contract on the date iA Financial Group accepts the loan application. The Borrower has the option to make up the difference (Total Principal Amount – Book Value of the Non-registered
Annuity Contract) by making a cash investment in the Non-registered Annuity Contract.
9. Movable hypothec (applicable if the Borrower resides in Quebec)
To guarantee repayment of the Loan Amount, the Borrower hereby grants a Movable Hypothec in favour of iA Financial Group with delivery of all rights, including the surrender privilege and
the right to the amounts invested in the segregated funds or in any other investment vehicles pursuant to the Non-registered Annuity Contract indicated in section B of Part 3 and held with
iA Financial Group, up to a maximum of the Loan Amount. To this end, the Borrower has surrendered to iA Financial Group all copies of the hypothecated Non-registered Annuity Contract in
his/her possession or under his/her control.
iA Financial Group may, but is not required to, exercise any of the rights associated with the hypothecated Non-registered Annuity Contract, or issue a notice to any person obliged to pay
a debt or settle an obligation associated with said contract.
The Borrower shall pay all fees including, but not limited to, extrajudicial fees, disbursements, costs and expenses as may be incurred by iA Financial Group in the context of preparing,
signing and, where applicable, registering the Movable Hypothec with delivery granted pursuant to this Loan Agreement. Where applicable, the Borrower shall pay all fees and expenses
incurred by iA Financial Group for the purpose of pleading, negotiating, and litigating, or otherwise enforcing, its rights and recourses set out pursuant to this Loan Agreement or pursuant to
the law.
The Borrower represents and warrants that the hypothecated Non-registered Annuity Contract is and shall be, at all material times, free and clear of any pledge, movable hypothec (other
than this Movable Hypothec), prior claim, lien, security interest or charge or any agreement capable of becoming a pledge, movable hypothec, prior claim, lien, security interest or charge.
The Borrower shall keep the hypothecated Non-registered Annuity Contract free and clear of any income tax, pledge, movable hypothec, prior claim, lien, security interest or other charge
of whatever nature. The Borrower acknowledges that iA Financial Group is relying on such representations and that such representations shall be confirmed in writing as of the date of
any advance prior to the disbursement of any such advance.
The Borrower agrees to refrain from executing or permitting the execution of any transaction(s) that result or may result directly or indirectly in the sale, assignment, exchange or liquidation
of the Non-registered Annuity Contract, or in the creation of any pledge, movable hypothec, prior claim, lien, security interest or other charge of any kind whatsoever in respect of the
hypothecated Non-registered Annuity Contract, without iA Financial Group’s prior written consent.
The Movable Hypothec with delivery granted under the Loan Agreement is in addition to, and does not replace, any other security that is currently or may in the future be held by
iA Financial Group. Said Movable Hypothec shall remain in effect until such time as the Loan Amount has been repaid to iA Financial Group in full and a written notice has been sent to
the Borrower confirming that iA Financial Group grants a release from said Movable Hypothec.
The Borrower agrees to execute any document that iA Financial Group may require to give full effect to this Movable Hypothec.
10. Collateral assignment (applicable if the Borrower resides in a province other than Quebec)
To guarantee repayment of the Loan Amount, the Borrower hereby assigns as security to iA Financial Group all rights pursuant to the Non-registered Annuity Contract indicated in section B
of Part 3 and held with iA Financial Group, up to a maximum of the Loan Amount. To this end, the Borrower has surrendered to iA Financial Group all copies of the assigned Non-registered
Annuity Contract in his/her possession or under his/her control.
iA Financial Group may, but is not required, to exercise any of the rights associated with the assigned Non-registered Annuity Contract, or issue a notice to any person obliged to pay a debt
or settle an obligation associated with the assigned Non-registered Annuity Contract.
The Borrower shall pay all fees and expenses including, but not limited to, extrajudicial fees, disbursements, costs and expenses as may be incurred by iA Financial Group in the context of
preparing, signing and, where applicable, registering the security granted under this Loan Agreement. Where applicable, the Borrower shall pay all fees and expenses incurred by
iA Financial Group for the purpose of pleading, negotiating, and litigating, or otherwise enforcing, its rights and recourses set out pursuant to this Loan Agreement or pursuant to the law.
The Borrower represents and warrants that the assigned Non-registered Annuity Contract was not previously assigned and is free and clear of any pledge, priority, lien, security interest or
charge other than the assignment granted hereby. The Borrower shall keep the assigned Non-registered Annuity Contract free and clear of any income tax, pledge, lien, security interest or
other charge of whatever nature. The Borrower agrees not to enter into any transaction or permit any transaction to be entered into which results or could result directly or indirectly in the
sale, assignment, exchange or liquidation of the assigned Non-registered Annuity Contract or the creation of any pledge, lien, security interest or other charge of any kind on the assigned
Non-registered Annuity Contract without iA Financial Group’s prior written consent.
The Borrower agrees to refrain from executing or permitting the execution of any transaction(s) that result or may result directly or indirectly in the sale, assignment, exchange or liquidation
of the assigned Non-registered Annuity Contract, or in the creation of any pledge, collateral assignment, prior claim, lien, security interest or any other charge of any kind whatsoever in
respect of the assigned Non-registered Annuity Contract, without iA Financial Group’s prior written consent.
This Collateral Assignment is in addition to, and does not replace, any other security that is currently or may in the future be held by iA Financial Group. Said Collateral Assignment is a
continuous security and shall remain in effect until such time as the Loan Amount has been repaid in full to iA Financial Group and a written notice has been sent to the Borrower confirming
that iA Financial Group grants a release from said Collateral Assignment.
The Borrower agrees to execute any document that iA Financial Group may require to give full effect to this Collateral Assignment.
continued
PART 6
F31A(20-09)