Common use of Entrusted Management Clause in Contracts

Entrusted Management. 1.1 Party A agrees to entrust the management of Shandong Taiying to Party B pursuant to the terms and conditions of this Agreement. Party B agrees to manage Shandong Taiying in accordance with the terms and conditions of this Agreement. 1.2 The term of this Entrusted Management Agreement (the “Entrusted Period”)shall be from the effective date of this Agreement to the earlier of the following: (1) the winding up of Shandong Taiying, or (2) the termination date of this Entrusted Management Agreement to be determined by the Parties hereto, or (3) the date on which Party B completes the acquisition of Shandong Taiying. 1.3 During the Entrusted Period, Party B shall be fully and exclusively responsible for the management of Shandong Taiying. The management service includes without limitation the following: (1) Party B shall be fully and exclusively responsible for the operation of Shandong Taiying, which includes the right to appoint and terminate Shandong Taiying, members of Board of Directors and the right to hire managerial and administrative personnel etc. Party A or its voting proxy shall make a shareholder’s resolution and a Board of Directors’ resolution based on the decision of Party B. (2) Party B has the full and exclusive right to manage and control all cash flow and assets of Party A. Shandong Taiying shall open an entrusted account or designate an existing account as an entrusted account. Party B has the full and exclusive right to decide the use of the funds in the entrusted account. The authorized signature of the account shall be appointed or confirmed by Party B. All of the funds of Shandong Taiying shall be kept in this account, including but not limited to its existing working capital and purchase price received from selling its production equipment, inventory, raw materials and accounts receivable to Party B (if any), all payments of funds shall be disbursed through this entrusted account, including but not limited to the payment of all existing accounts payable and operating expenses, payment of employees salaries and purchase of assets, and all revenues from its operation shall be kept in this account. (3) Party B shall have the full and exclusive right to control and administrate the financial affairs and daily operation of Shangdong Taiying, such as entering into and performance of contracts, and payment of taxes etc. 1.4 As consideration for the services provided by Party B hereunder, Party A shall pay an entrusted management fee to Party B which shall be equal to the earnings before tax (if any) of Shandong Taiying. The entrusted management fee shall be as follows: during the term of this agreement, the entrusted management fee shall equal to Shandong Taiying’s estimated earnings before tax, being the monthly revenues after deduction of operating costs, expenses and taxes. If the earnings before tax are zero, Shandong Taiying is not required to pay the entrusted management fee; if Shandong Taiying sustains losses, all such losses will be carried over to next month and deducted from next month’s entrusted management fee. Both Parties shall calculate, and Party A shall pay, the monthly entrusted management fee within 20 days of the following month. The above monthly payment shall be adjusted after the end of each quarter but before the filing of tax return for such quarter (the “Quarterly Adjustment”); so as to make the after-tax profit of that quarter is zero. In addition, the above monthly payment shall be adjusted after the end of each fiscal year but before the filing for the yearly tax return (the “Annual Adjustment”), so as to make the after-tax profit of that fiscal year is zero. 1.5 Party B shall assume all operation risks out of the entrusted management of Shandong Taiying and bear all losses of Shandong Taiying. If Shandong Taiying has no sufficient funds to repay its debts, Party B is responsible for paying off these debts on behalf of Shandong Taiying; if Shandong Taiying’s net assets are lower than its registered capital, Party B is responsible for funding the deficit.

Appears in 1 contract

Samples: Entrusted Management Agreement (Tai Shan Communications, Inc.)

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Entrusted Management. 1.1 Party A agrees to entrust the management of Shandong Taiying Shangri-La Group to Party B pursuant to the terms and conditions of this Agreement. Party B agrees to manage Shandong Taiying Shangri-La Group in accordance with the terms and conditions of this Agreement. 1.2 The term of this Entrusted Management Agreement (the “Entrusted Period”)shall Period”) shall be from the effective date of this Agreement to the earlier earliest of the following: (1) the winding up of Shandong TaiyingShangri-La Group, or (2) the termination date of this Entrusted Management Agreement to be determined by the Parties hereto, or (3) the date on which Party B completes the acquisition of Shandong TaiyingShangri-La Group. 1.3 During the Entrusted Period, Party B shall be fully and exclusively responsible for the management of Shandong TaiyingShangri-La Group. The management service includes without limitation the following: (1) Party B shall be fully and exclusively responsible for the operation of Shandong TaiyingShangri-La Group, which includes the right to appoint and terminate Shandong TaiyingShangri-La Group, members of Board of Directors and the right to hire managerial and administrative personnel etc. Party A or its voting proxy shall make a shareholder’s resolution and a Board of Directors’ resolution based on the decision of Party B. (2) Party B has the full and exclusive right to manage and control all cash flow and assets of Party A. Shandong Taiying Shangri-La Group shall open an entrusted account or designate an existing account as an entrusted account. Party B has the full and exclusive right to decide the use of the funds in the entrusted account. The authorized signature of the account shall be appointed or confirmed by Party B. All of the funds of Shandong Taiying Shangri-La Group shall be kept in this account, including but not limited to its existing working capital and purchase price received from selling its production equipment, inventory, raw materials and accounts receivable to Party B (if any), all payments of funds shall be disbursed through this entrusted account, including but not limited to the payment of all existing accounts payable and operating expenses, payment of employees salaries and purchase of assets, and all revenues from its operation shall be kept in this account. (3) Party B shall have the full and exclusive right to control and administrate the financial affairs and daily operation of Shangdong TaiyingShangri-La Group, such as entering into and performance of contracts, and payment of taxes etc. 1.4 As consideration for the services provided by Party B hereunder, Party A shall pay an entrusted management fee to Party B which shall be equal to the earnings before tax (if any) of Shandong TaiyingShangri-La Group. The entrusted management fee shall be as follows: during the term of this agreement, the entrusted management fee shall equal to Shandong TaiyingShangri-La Group’s estimated earnings before tax, being the monthly revenues after deduction of operating costs, expenses and taxes. If the earnings before tax are is zero, Shandong Taiying Shangri-La Group is not required to pay the entrusted management fee; if Shandong Taiying Shangri-La Group sustains losses, all such losses will be carried over to next month and deducted from next month’s entrusted management fee. Both Parties shall calculate, and Party A shall pay, the monthly entrusted management fee within 20 days of the following month. The above monthly payment shall be adjusted after the end of each quarter but before the filing of tax return for such quarter (the “Quarterly Adjustment”); , so as to make the after-tax profit of that quarter is zero. In addition, the above monthly payment shall be adjusted after the end of each fiscal year but before the filing for the yearly tax return (the “Annual Adjustment”), so as to make the after-tax profit of that fiscal year is zero. 1.5 Party B shall assume all operation risks out of the entrusted management of Shandong Taiying Shangri-La Group and bear all losses of Shandong TaiyingShangri-La Group. If Shandong Taiying Shangri-La Group has no sufficient funds to repay its debts, Party B is responsible for paying off these debts on behalf of Shandong TaiyingShangri-La Group; if Shandong TaiyingShangri-La Group’s net assets are lower than its registered capital, Party B is responsible for funding the deficit.

Appears in 1 contract

Samples: Entrusted Management Agreement (Shangri-La Tibetan Pharmaceuticals, Inc.)

Entrusted Management. 1.1 Party A agrees to entrust the management of Shandong Taiying Wuhan Fengze to Party B pursuant to the terms and conditions of this Agreement. Party B agrees to manage Shandong Taiying Wuhan Fengze in accordance with the terms and conditions of this Agreement. 1.2 The term of this Entrusted Management Agreement (the “Entrusted Period”)shall Period”) shall be from the effective date of this Agreement to the earlier of the following: (1) the winding up of Shandong TaiyingWuhan Fengze, or (2) the termination date of this Entrusted Management Agreement to be determined by the Parties hereto, or (3) the date on which Party B completes the acquisition of Shandong TaiyingWuhan Fengze. 1.3 During the Entrusted Period, Party B shall be fully and exclusively responsible for the management of Shandong TaiyingWuhan Fengze. The management service includes without limitation the following: (1) Party B shall be fully and exclusively responsible for the operation of Shandong TaiyingWuhan Fengze, which includes the right to appoint and terminate Shandong TaiyingWuhan Fengze, members of Board of Directors and the right to hire managerial and administrative personnel etc. Party A or its voting proxy shall make a shareholder’s resolution and a Board of Directors’ resolution based on the decision of Party B. (2) Party B has the full and exclusive right to manage and control all cash flow and assets of Party A. Shandong Taiying Wuhan Fengze shall open an entrusted account or designate an existing account as an entrusted account. Party B has the full and exclusive right to decide the use of the funds in the entrusted account. The authorized signature of the account shall be appointed or confirmed by Party B. All of the funds of Shandong Taiying Wuhan Fengze shall be kept in this account, including but not limited to its existing working capital and purchase price received from selling its production equipment, inventory, raw materials and accounts receivable to Party B (if any), all payments of funds shall be disbursed through this entrusted account, including but not limited to the payment of all existing accounts payable and operating expenses, payment of employees salaries and purchase of assets, and all revenues from its operation shall be kept in this account. (3) Party B shall have the full and exclusive right to control and administrate the financial affairs and daily operation of Shangdong TaiyingWuhan Fengze, such as entering into and performance of contracts, and payment of taxes etc. 1.4 As consideration for the services provided by Party B hereunder, Party A shall pay an entrusted management fee to Party B which shall be equal to the earnings before tax (if any) of Shandong TaiyingWuhan Fengze. The entrusted management fee shall be as follows: during the term of this agreement, the entrusted management fee shall equal to Shandong TaiyingWuhan Fengze’s estimated earnings before tax, being the monthly revenues after deduction of operating costs, expenses and taxes. If the earnings before tax are is zero, Shandong Taiying Wuhan Fengze is not required to pay the entrusted management fee; if Shandong Taiying Wuhan Fengze sustains losses, all such losses will be carried over to next month and deducted from next month’s entrusted management fee. Both Parties shall calculate, and Party A shall pay, the monthly entrusted management fee within 20 days of the following month. The above monthly payment shall be adjusted after the end of each quarter but before the filing of tax return for such quarter (the “Quarterly Adjustment”); so as to make the after-tax profit of that quarter is zero. In addition, the above monthly payment shall be adjusted after the end of each fiscal year but before the filing for the yearly tax return (the “Annual Adjustment”), so as to make the after-tax profit of that fiscal year is zero. 1.5 Party B shall assume all operation risks out of the entrusted management of Shandong Taiying and bear all losses of Shandong Taiying. If Shandong Taiying has no sufficient funds to repay its debts, Party B is responsible for paying off these debts on behalf of Shandong Taiying; if Shandong Taiying’s net assets are lower than its registered capital, Party B is responsible for funding the deficit.following

Appears in 1 contract

Samples: Entrusted Management Agreement (Tianli Agritech, Inc.)

Entrusted Management. 1.1 Party A agrees to entrust the management of Shandong Taiying to Party B pursuant to the terms and conditions of this Agreement. Party B agrees to manage Shandong Taiying in accordance with the terms and conditions of this Agreement. 1.2 The term of this Entrusted Management Agreement (the “Entrusted Period”)shall Period”) shall be from the effective date of this Agreement to the earlier of the following: (1) the winding up of Shandong Taiying, or (2) the termination date of this Entrusted Management Agreement to be determined by the Parties hereto, or (3) the date on which Party B completes the acquisition of all of the equity interests of Shandong Taiying. 1.3 During the Entrusted Period, Party B shall be fully and exclusively responsible for the management of Shandong Taiying. The management service includes without limitation the following: (1) Party B shall be fully and exclusively responsible for the operation of Shandong Taiying, which includes the right to appoint and terminate Shandong Taiying, ’s members of Board of Directors and the right to hire managerial and administrative personnel etc. Party A or its voting proxy shall make a shareholder’s resolution and a Board of Directors’ resolution based on the decision of Party B. (2) Party B has the full and exclusive right to manage and control all cash flow and assets of Party A. Shandong Taiying. Shandong Taiying shall open an entrusted account or designate an existing account as an entrusted account. Party B has the full and exclusive right to decide the use remittance and repatriation of the funds in the entrusted account. The authorized signature of the account shall be appointed or confirmed by Party B. All of the funds of Shandong Taiying shall be kept in this account, including but not limited to its existing working capital and purchase price received from selling its production equipment, inventory, raw materials and accounts receivable to Party B (if any), all receivable. All payments of funds shall be disbursed through this entrusted account, including but not limited to the payment of all existing accounts payable and payable, operating expenses, payment of employees salaries and purchase of assets, and all . All revenues from its operation shall be kept in this account. (3) Party B shall have the full and exclusive right to control and administrate the all financial affairs and daily operation of Shangdong Shandong Taiying, such as entering into and performance of contracts, and payment of taxes etc. 1.4 As consideration for the services provided by Party B hereunder, Party A shall pay an entrusted management fee to Party B which shall be equal to the earnings before tax (if any) of Shandong Taiying. B. The entrusted management fee shall be as follows: during the term of this agreement, the entrusted management fee shall equal to Shandong Taiying’s estimated earnings before corporate income tax, being the monthly revenues after deduction of operating costs, expenses and other legal taxes. If the such earnings before tax after deduction of operating costs, expenses and other legal taxes are zerozero or negative, Shandong Taiying is not required to pay the entrusted management fee; if Shandong Taiying sustains losses, all such losses will be carried over to next month the following month(s) and deducted from next month’s the following month(s)’ entrusted management fee. Both Parties shall calculate, and Party A shall pay, the monthly entrusted management fee within 20 days of the following next month. The above monthly payment shall be adjusted after the end of each quarter but before the filing of tax return for such quarter (the “Quarterly Adjustment”); so as to make the after-tax profit of that quarter is zero. In addition, the above monthly payment shall be adjusted after the end of each fiscal year but before the filing for the yearly tax return (the “Annual Adjustment”), so as to make the after-tax profit of that fiscal year is zero. 1.5 Party B shall assume all operation risks out of the entrusted management of Shandong Taiying and bear all losses of Shandong Taiying. If Shandong Taiying has no sufficient funds to repay its debts, Party B is responsible for paying off these debts on behalf of Shandong Taiying; if Shandong Taiying’s net assets are lower than its registered capital, Party B is responsible for funding the deficit.

Appears in 1 contract

Samples: Entrusted Management Agreement (China Customer Relations Centers, Inc.)

Entrusted Management. 1.1 Party A agrees to entrust the management of Shandong Taiying Xxxx Xxxx Xxxx Bioengineering Co. Ltd. to Party B pursuant to the terms and conditions of this Agreement. Party B agrees to manage Shandong Taiying Xxxx Xxxx Tang Bioengineering Co. Ltd. in accordance with the terms and conditions of this Agreement. 1.2 The term of this Entrusted Management Agreement shall be from April 1, 2008 (the “Entrusted Period”)shall be from the effective date Effective Date” of this Agreement Agreement) to the earlier of the following: (1) the winding up of Shandong TaiyingXxxx Xxxx Xxxx Bioengineering Co. Ltd., or (2) the termination date of this Entrusted Management Agreement to be determined by the Parties hereto, or (3) the date on which Party B completes the acquisition of Shandong Taiying.Xxxx Xxxx Tang Bioengineering Co. Ltd. 1.3 During the Entrusted Periodentrusted period, Party B shall be fully and exclusively responsible for the management of Shandong Taiying. Xxxx Xxxx Xxxx Bioengineering Co., Ltd. The management service includes without limitation the following: (1) Party B shall be fully and exclusively responsible for B’s rights with respect to the operation of Shandong Taiying, which includes Xxxx Xxxx Tang Bioengineering Co. Ltd. shall include the right to appoint and terminate Shandong Taiying, members of the Board of Directors and the right to hire managerial and administrative personnel etc. Party A or its voting proxy shall make a shareholder’s 's resolution and a Board board of Directors’ directors' resolution based on the decision of Party B.B's Board of Directors. (2) Party B has the full and exclusive right to manage and control all cash flow and assets of Party A. Shandong Taiying Xxxx Xxxx Xxxx Bioengineering Co., Ltd. shall open an entrusted account or designate an existing account as an entrusted account. Party B has the full and exclusive right to decide the use of the funds in the entrusted account. The authorized signature signer of the account shall be appointed or confirmed by Party B. All of the funds of Shandong Taiying Xxxx Xxxx Tang Bioengineering Co., Ltd. shall be kept in this account, including but not limited to its existing working capital and purchase price received from selling its production equipment, inventory, raw materials and accounts receivable inventory to Party B (if any), all B. All payments of funds shall be disbursed through this entrusted account, including but not limited to the payment of all existing accounts payable and operating expenses, payment of employees salaries and purchase of assets, and all . All revenues from its operation shall be kept in this account. (3) Party B shall have the full and exclusive right to control and administrate administer the financial affairs and daily operation of Shangdong TaiyingShandong Xxxx Xxxx Xxxx Bioengineering Co., Ltd., such as entering into and performance of contracts, and payment of taxes taxes, etc. (4) If Shandong Xxxx Xxxx Tang Bioengineering Co., Ltd. requires additional funds to maintain its operations, Party B shall provide such additional funds through a bank loan or other resources and Party A shall provide necessary assistance in obtaining these funds. 1.4 As consideration In exchange for the services provided by of Party B hereunderpursuant to this Entrusted Management Agreement, Party A shall pay an entrusted management fee to Party B which shall be equal to the earnings before tax (if any) of Shandong Taiying. B. The entrusted management fee shall be as follows: during the term of this agreementequal Shandong Xxxx Xxxx Xxxx Bioengineering Co., the entrusted management fee shall equal to Shandong Taiying’s estimated earnings before taxLtd's net profits, being the monthly revenues after deduction of operating costs, expenses and taxes. If the earnings before tax are net profit is zero, Shandong Taiying Xxxx Xxxx Tang Bioengineering Co., Ltd. is not required to pay the entrusted management fee; if Shandong Taiying Xxxx Xxxx Xxxx Bioengineering Co., Ltd. sustains losses, all such losses will be carried over to next month and deducted from next month’s 's entrusted management fee. Both Parties shall calculate, and Party A shall pay, the monthly entrusted management fee within 20 days of the following month. The above monthly payment shall be adjusted after the end of each quarter but before the filing of tax return for such quarter (the “Quarterly Adjustment”); so as to make the after-tax profit of that quarter is zero. In addition, the above monthly payment shall be adjusted after the end of each fiscal year but before the filing for the yearly tax return (the “Annual Adjustment”), so as to make the after-tax profit of that fiscal year is zero. 1.5 Party B shall assume all operation risks out of the entrusted management of Shandong Taiying Xxxx Xxxx Tang Bioengineering Co., Ltd. and bear all losses of Shandong Taiying. Xxxx Xxxx Xxxx Bioengineering Co., Ltd. If Shandong Taiying has no Xxxx Xxxx Tang Bioengineering Co., Ltd. does not have sufficient funds to repay its debts, Party B is responsible for paying off these debts on behalf of Shandong Taiying; if Xxxx Xxxx Xxxx Bioengineering Co., Ltd. If Shandong Taiying’s Xxxx Xxxx Tang Bioengineering Co., Ltd's net assets are lower than its registered capital, Party B is responsible for funding the deficit.

Appears in 1 contract

Samples: Entrusted Management Agreement (China YCT International Group, Inc.)

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Entrusted Management. 1.1 Party A agrees to entrust the management of Shandong Taiying Taiyuan Hongxing to Party B pursuant to the terms and conditions of this Agreement. Party B agrees to manage Shandong Taiying Taiyuan Hongxing in accordance with the terms and conditions of this Agreement. 1.2 The term of this Entrusted Management Agreement (the “Entrusted Period”)shall Period”) shall be from the effective date of this Agreement to the earlier of the following: (1a) the winding up of Shandong TaiyingTaiyuan Hongxing, or (2b) the termination date of this Entrusted Management Agreement to be determined by the Parties hereto, or (3c) the date on which Party B completes the acquisition of Shandong TaiyingTaiyuan Hongxing. 1.3 During the Entrusted Period, Party B shall be fully and exclusively responsible for the management of Shandong TaiyingTaiyuan Hongxing. The management service includes without limitation the following: (1a) Party B shall be fully and exclusively responsible for the operation of Shandong TaiyingTaiyuan Hongxing, which includes the right to appoint and terminate Shandong Taiying, members of Board of Directors directors and the right to hire managerial and administrative personnel etc. Party A or its voting proxy shall make a shareholder’s resolution and a Board of Directorsdirectors’ resolution based on the decision of Party B. (2b) Party B has the full and exclusive right to manage and control all cash flow and assets of Party A. Shandong Taiying Taiyuan Hongxing shall open an entrusted account or designate an existing account as an entrusted account. Party B has the full and exclusive right to decide the use of the funds in the entrusted account. The authorized signature of the account shall be appointed or confirmed by Party B. All of the funds of Shandong Taiying Taiyuan Hongxing shall be kept in this account, including but not limited to its existing working capital and purchase price received from selling its production equipment, inventory, raw materials and accounts receivable to Party B (if any), all payments of funds shall be disbursed through this entrusted account, including but not limited to the payment of all existing accounts payable and operating expenses, payment of employees salaries and purchase of assets, and all revenues from its operation shall be kept in this account. (3c) Party B shall have the full and exclusive right to control and administrate the financial affairs and daily operation of Shangdong TaiyingTaiyuan Hongxing, such as entering into and performance of contracts, and payment of taxes etc. 1.4 As In consideration for of the services provided by Party B hereunder, Party A shall pay an the entrusted management fee to Party B which shall be equal to the earnings before tax (if any) of Shandong TaiyingTaiyuan Hongxing. The entrusted management fee shall be as follows: during the term of this agreement, the entrusted management fee shall be equal to Shandong TaiyingTaiyuan Hongxing’s estimated earnings before tax, being the monthly revenues after deduction of operating costs, expenses and taxestaxes other than income tax. If the earnings before tax are is zero, Shandong Taiying Taiyuan Hongxing is not required to pay the entrusted management fee; if Shandong Taiying Taiyuan Hongxing sustains losses, all such losses will be carried over to next month and deducted from next month’s entrusted management fee. Both Parties shall calculate, and Party A shall pay, the monthly entrusted management fee within 20 days of the following month. The above monthly payment shall be adjusted after the end of each quarter but before the filing of tax return for such quarter (the “Quarterly Adjustment”); , so as to make the after-tax profit of Taiyuan Hongxing of that quarter is zero. In addition, the above monthly payment shall be adjusted after the end of each fiscal year but before the filing for the yearly tax return (the “Annual Adjustment”), so as to make the after-tax profit of Taiyuan Hongxing of that fiscal year is zero. 1.5 Party B shall assume all operation risks out of the entrusted management of Shandong Taiying Taiyuan Hongxing and bear all losses of Shandong TaiyingTaiyuan Hongxing. If Shandong Taiying Taiyuan Hongxing has no sufficient funds to repay its debts, Party B is responsible for paying off these debts on behalf of Shandong TaiyingTaiyuan Hongxing; if Shandong TaiyingTaiyuan Hongxing’s net assets are lower than its registered capital, Party B is responsible for funding the deficit.

Appears in 1 contract

Samples: Entrusted Management Agreement (Asia Carbon Industries, Inc.)

Entrusted Management. 1.1 Party A agrees to entrust the management of Shandong Taiying Shenyang Xxx Xxxx Yuan Trading Co., Ltd. to Party B pursuant to the terms and conditions of this Agreement. Party B agrees to manage Shandong Taiying Shenyang Xxx Xxxx Yuan Trading Co., Ltd. in accordance with the terms and conditions of this Agreement. 1.2 The term of this Entrusted Management Agreement shall be from November 1, 2008 (the “Entrusted Period”)shall be from the effective date Effective Date” of this Agreement Agreement) to the earlier of the following: (1) the winding up of Shandong TaiyingMarch 31, 2017, or (2) the winding up of Shenyang Xxx Xxxx Yuan Trading Co., Ltd., or (3) the termination date of this Entrusted Management Agreement to be determined by the Parties hereto, or (34) the date on which Party B completes the acquisition of Shandong TaiyingShenyang Xxx Xxxx Yuan Trading Co., Ltd. The parties agree that no transfer or change of ownership of either Shenyang Xxx Xxxx Yuan Trading Co., Ltd. or of Party B shall cause this Entrusted Management Agreement to terminate. 1.3 During the Entrusted Periodentrusted period, Party B shall be fully and exclusively responsible for the management of Shandong Taiying. Shenyang Xxx Xxxx Yuan Trading Co., Ltd. The management service includes without limitation the following: (1) Party B shall be fully and exclusively responsible for B’s rights with respect to the operation of Shandong TaiyingShenyang Xxx Xxxx Yuan Trading Co., which includes Ltd. shall include the right to appoint and terminate Shandong Taiying, members of the Board of Directors and the right to hire managerial and administrative personnel etc. Party A or its shall provide to Party B a voting proxy shall make a shareholder’s resolution and a Board effective at each meeting of Directors’ resolution based on the decision shareholders of Party B.Shenyang Xxx Xxxx Yuan Trading Co., Ltd. (2) Party B has the full and exclusive right to manage and control all cash flow and assets of Party A. Shandong Taiying Shenyang Xxx Xxxx Yuan Trading Co., Ltd. shall open an entrusted account or designate an existing account as an entrusted account. Party B has the full and exclusive right to decide the use of the funds in the entrusted account. The authorized signature signer of the account shall be appointed or confirmed by Party B. All of the funds of Shandong Taiying Shenyang Xxx Xxxx Yuan Trading Co., Ltd. shall be kept in this account, including but not limited to its existing working capital and purchase price received from selling its production equipment, inventory, raw materials and accounts receivable to Party B (if any), all capital. All payments of funds shall be disbursed through this entrusted account, including but not limited to the payment of all existing accounts payable and operating expenses, payment of employees salaries and purchase of assets, and all . All revenues from its the operation of Shenyang Xxx Xxxx Yuan Trading Co., Ltd. shall be kept in this account. (3) Party B shall have the full and exclusive right to control and administrate administer the financial affairs and daily operation of Shangdong TaiyingShenyang Xxx Xxxx Yuan Trading Co., Ltd., such as entering into and performance of contracts, and payment of taxes taxes, etc. (4) If Shenyang Xxx Xxxx Yuan Trading Co., Ltd. requires additional funds to maintain its operations, Party B shall provide such additional funds through a bank loan or other resources and Party A shall provide necessary assistance in obtaining these funds. 1.4 As consideration In exchange for the services provided by of Party B hereunderpursuant to this Entrusted Management Agreement, Party A shall pay an entrusted management fee to Party B which shall be equal to the earnings before tax (if any) of Shandong Taiying. B. The entrusted management fee shall be as follows: during the term of this agreementequal Shenyang Xxx Xxxx Yuan Trading Co., the entrusted management fee shall equal to Shandong Taiying’s estimated earnings before taxLtd's net profits, being the monthly revenues after deduction of operating costs, expenses and taxes. If the earnings before tax are net profit is zero, Shandong Taiying Shenyang Xxx Xxxx Yuan Trading Co., Ltd. is not required to pay the entrusted management fee; if Shandong Taiying Shenyang Xxx Xxxx Yuan Trading Co., Ltd. sustains losses, all such losses will be carried over to next month and deducted from next month’s 's entrusted management fee. Both Parties shall calculate, and Party A shall pay, the monthly entrusted management fee within 20 days of at the following month. The above monthly payment shall be adjusted after the end conclusion of each quarter but before the filing of tax return for such quarter (the “Quarterly Adjustment”); so as to make the after-tax profit of that quarter is zero. In addition, the above monthly payment shall be adjusted after the end of each fiscal year but before the filing for the yearly tax return (the “Annual Adjustment”), so as to make the after-tax profit of that fiscal year is zeromonth. 1.5 Party B shall assume all operation risks arising out of the entrusted management operations of Shandong Taiying Shenyang Xxx Xxxx Yuan Trading Co., Ltd. and bear all losses of Shandong Taiying. Shenyang Xxx Xxxx Yuan Trading Co., Ltd. If Shandong Taiying has no Shenyang Xxx Xxxx Yuan Trading Co., Ltd. does not have sufficient funds to repay its debts, Party B is responsible for paying off these debts on behalf of Shandong Taiying; if Shandong Taiying’s Shenyang Xxx Xxxx Yuan Trading Co., Ltd. If Shenyang Xxx Xxxx Yuan Trading Co., Ltd's net assets are lower than its registered capital, Party B is responsible for funding the deficit.

Appears in 1 contract

Samples: Entrusted Management Agreement (Senior Optician Service Inc)

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