Common use of Borrower Commitment Clause in Contracts

Borrower Commitment. 8.1 The Borrower withdraws and uses funds under terms and conditions in the contract. The borrowed money is not used for fixed assets and equity and other investments, not in any way into the stock market, futures market or uses prohibited by relevant laws and regulations. 8.2 Repay the loan principal and interest and other payables in accordance with the contract. 8.3 Accept and actively cooperate with the lender for account analysis, inspection, on-site reviews, etc., including use of the loan, including the use of funds and supervision of the inspection. In accordance with the lender’s requirements, the borrower periodically provides summary reports for the use of funds. 8.4 Accept the lender's credit check required by the lender, and provide the lender with balance sheet, income statement and other financial and accounting information reflecting the borrower's solvency, to actively assist and cooperate with the lender to investigate and review its financial situation and production operations. 8.5 Before paying off the loan principal and interest under the contract and other payables, the Borrower is not allowed to repay and dividends. 8.6 For the merger, divesture, reduction, changes in ownership, transfer of substantial assets and debt, significant foreign investment, substantial increase in debt financing and other activities that may adversely affect the rights of the Lender’s interest, prior written consent is required by the lender. 8.7 One of the following circumstances occurs, notify the lender: (1) The change on articles of incorporation, business scope, registered capital, the legal representative; (2) Out of business, dissolution, liquidation, business for rectification, revocation of business license is revoked or application (by application) bankruptcy; (3) Or may be involved in major economic disputes, litigation, arbitration, or the property was legally seized, detained or regulation; (4) Shareholders, directors and senior management is currently involved in serious cases or economic disputes. 8.8 Timely, completely and accurately disclose related party relationships and related party transactions. 8.9 Sign and verify notices mailed, or in the form, from lender .. 8.10 Not dispose of assets in order to reduce the solvency; provide guarantees to third parties without damaging the interest of the lender. 8.11 If the loans under the contract are on credit basis, the Borrower should provide complete, true, accurate information to reflect providing guarantees that may affect its obligations under this contract, and acquire written consent from the lender. 8.12 Take responsibility for the expenses from the Lender in purpose of fulfillment of contracts, including but not limited to litigation or arbitration fees, property preservation fees, legal fees, execution fees, assessments fees, auction fees, notice fees. 8.13 Debt settlement under the contract is in priority to its shareholders, and at least has equal status with the borrower's other similar debt from other creditors and borrowers. 8.14 Reinforce the social and environmental risk management, and agree to accept inspections by the Lender. If requested by the Lender, the Borrower agrees to provide the corresponding report.

Appears in 13 contracts

Samples: Working Capital Loan Contract (Highpower International, Inc.), Working Capital Loan Contract (Highpower International, Inc.), Working Capital Loan Contract (Highpower International, Inc.)

AutoNDA by SimpleDocs

Borrower Commitment. 8.1 The Borrower withdraws and uses funds under terms and conditions in the contract. The borrowed money is not used for fixed assets and equity and other investments, not in any way into the stock market, futures market or uses prohibited by relevant laws and regulations. 8.2 Repay the loan principal and interest and other payables in accordance with the contract. 8.3 Accept and actively cooperate with the lender for account analysis, inspection, on-site reviews, etc., including use of the loan, including the use of funds and supervision of the inspection. In accordance with the lender’s requirements, the borrower periodically provides summary reports for the use of funds. 8.4 Accept the lender's credit check required by the lender, and provide the lender with balance sheet, income statement and other financial and accounting information reflecting the borrower's solvency, to actively assist and cooperate with the lender to investigate and review its financial situation and production operations. 8.5 Before paying off the loan principal and interest under the contract and other payables, the Borrower is not allowed to repay and dividends. 8.6 For the merger, divesture, reduction, changes in ownership, transfer of substantial assets and debt, significant foreign investment, substantial increase in debt financing and other activities that may adversely affect the rights of the Lender’s interest, prior written consent is required by the lender. 8.7 One of the following circumstances occurs, notify the lender: (1) The change on articles of incorporation, business scope, registered capital, the legal representative; (2) Out of business, dissolution, liquidation, business for rectification, revocation of business license is revoked or application (by application) bankruptcy; (3) Or may be involved in major economic disputes, litigation, arbitration, or the property was legally seized, detained or regulation; (4) Shareholders, directors and senior management is currently involved in serious cases or economic disputes. 8.8 Timely, completely and accurately disclose related party relationships and related party transactions. 8.9 Sign and verify notices mailed, or in the form, from lender ..lender. 8.10 Not dispose of assets in order to reduce the solvency; provide guarantees to third parties without damaging the interest of the lender. 8.11 If the loans under the contract are on credit basis, the Borrower should provide complete, true, accurate information to reflect providing guarantees that may affect its obligations under this contract, and acquire written consent from the lender. 8.12 Take responsibility for the expenses from the Lender in purpose of fulfillment of contracts, including but not limited to litigation or arbitration fees, property preservation fees, legal fees, execution fees, assessments fees, auction fees, notice fees. 8.13 Debt settlement under the contract is in priority to its shareholders, and at least has equal status with the borrower's other similar debt from other creditors and borrowers. 8.14 Reinforce the social and environmental risk management, and agree to accept inspections by the Lender. If requested by the Lender, the Borrower agrees to provide the corresponding report.

Appears in 1 contract

Samples: Working Capital Loan Contract (Highpower International, Inc.)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!