Agromars disputes the FUIB's sales of Astion financial company debts

The Inter Way Capital company bought all the rights of the monetary claim of the First Ukrainian International Bank (FUIB) under a loan agreement to the Agromars Complex LLC company, whose founders are Maryna Sigal and Yevhen Sigal.

This fact is declared in the Register of Court Decisions.

The company Agromars Complex LLC has filed a lawsuit to invalidate the contracts of assignment of rights of claim. However, the Commercial Court of the Kiev region refused to secure the claim.

According to the court ruling, on 21 May - 2021, Agromars Complex LLC appealed to the court to secure the claim before filing a statement of claim, in which the company asks the court to put a lien on:

- Broiler farms No. 1, No. 2, No. 16, No. 17, No. 4, No. 12, No. 18, No. 10, No. 14, No. 15 (Kyiv region, Havrylivka village);

- Poultry farm No. 20 (Kyiv region, Dymer village);

- Incubation shop (Kyiv region, Havrylivka village);

- Breeding farm "Petrivtsi" (Kyiv region, Verkhnya Dubetchnya);

- movable property (equipment for poultry farms, incubators, etc.).

On 16 August - 2010, a Loan Agreement was concluded between the company Agromars Complex LLC and FUIB, according to the terms of which, the bank undertakes to provide the borrower with a loan for a period until 25 July, 2013, but in the future, the amount of the loan and its repayment period were amended by the corresponding additional agreements. Also, to secure the fulfillment of obligations under the Loan Agreement, mortgage agreements were concluded for the above assets.

It is reported that on 23 April - 2021, to the Agromars Complex LLC company address was delievered a request message dated 19 April - 2021 from the Inter Way Capital (a new lender, a new mortgage holder) about the assignment of the right of claim, according to which on 05 March - 2021, FUIB waived all rights of the monetary claim against the applicant under the Loan Agreement, as well as all rights under agreements concluded in order to ensure the fulfillment of obligations under the Loan Agreement.

Reference: According to the YouControl analytical system, the founder of the Inter Way Capital is the Genesis Capital venture investment fund whose ultimate beneficial owners are Vasyl’ Astion and Yevhen Astion.

Also Agromars Complex LLC declares that the request message contains a written request from the Inter Way Capital to eliminate violations of the Loan Agreement and the Security Agreements.

In addition, Inter Way Capital announced about its intention to apply for an out-of-court procedure for foreclosure on the mortgage and pledged property by acquiring ownership of the mentioned property or selling the mentioned property to a third party.

From the written request of the Inter Way Capital, it appears that the latter requires the applicant to pay the debt under the Loan Agreement in favor of the Inter Way Capital within 30 days, as well as a warning that in the event of non-payment of the debt, an appeal will take place for all mortgage and pledge items that ensure the fulfillment of the applicant's obligations to FUIB, - says the decision.

In this regard, Agromars Complex LLC declares that there is a threat of the company’s property deprivation, which it owns by right of ownership, by means of fulfilling registration actions on re-register ownership of the property, which acts as security for the applicant's obligations under the Loan Agreement for the benefit of Inter Way Capital. 

***

According to the materials, the Court sees no grounds for satisfying the application of Complex Agromars LLC to secure the claim by putting a lien on the property, which acts as security for the applicant's obligations under the Loan Agreement.

As a remind, Investohills Vesta Financial Company bought out the rights and obligations of Kredobank under the general agreement on lending provided to the Agromars Complex LLC.

Source

https://latifundist.com/novosti/55478-agromars-osparivaet-prodazhu-pumbom-dolgov-finkompanii-astiona