Entrusted payment. 3.4.3.1.1 The Borrower may entrust the Lender to pay the loan to a counterparty of the Borrower for such purpose as specified in the Agreement or in the commercial contracts relating to the use of loan under any of the following circumstances: (1) the payee is clearly specified and the amount of each utilisation shall exceed RMB ten million (or an equivalent amount in foreign currency); (2) Other circumstances agreed by the parties hereto: -- 3.4.3.1.2 If the loan is paid by entrustment, the Borrower shall deliver its utilisation request and the Entrusted Payment Notice to the Lender five days in advance, and provide the relevant information such as the commercial contracts, invoices and other evidences relating to the use of loan upon request of the Lender. After verification by the Lender, the Lender shall directly pay the loan to the counterparty of the Borrower through the account of the Borrower. If the utilisation request of the Borrower does not meet the conditions of utilisation under the Agreement, or the entrusted payment request is contrary to the Agreement, or the transaction information is incomplete or untrue, the Lender may refuse to grant or pay such loan; and the Lender shall not be liable for the breach of contract by the Borrower arising therefrom or any other losses so incurred. The Lender shall not be held liable if the payment information provided by the Borrower is incorrect or incomplete that results in delay or failure of payment. 3.4.3.1.3 If the Borrower applies for deferred payment or revokes the entrusted payment, it shall notify the Lender in writing before the payment is made by the Lender. After verification by the Lender, the Lender may then terminate the entrusted payment and recover the corresponding loan; and the interest for such period shall be calculated at a rate specified in the Agreement. If, after termination of the entrusted payment, the Borrower applies for resumption of the entrusted payment, the relevant procedures set out in Clause 3.4.3.1.2 shall apply. 3.4.3.1.4 The entrusted payment shall be unconditional. Even if the Borrower has set out conditions on the Entrusted Payment Notice, such conditions shall not constitute an obligation of the Lender. Unless otherwise agreed by the parties in writing, the Lender shall not be obliged to notify the payee in respect of the entrusted payment, deferred payment, revocation or resumption of payment and other related matters. 3.4.3.1.5 If the loan is paid by entrustment, the Lender has the right to restrict the payment and remittance activities and functions through internet banking, phone banking, cash management or other non-counter channels relating to the account of the Borrower.
Appears in 2 contracts
Samples: Bank Loan Agreement (Maxclean Holdings LTD), Bank Loan Agreement (Maxclean Holdings LTD)
Entrusted payment. 3.4.3.1.1 The Borrower may entrust the Lender to pay the loan to a counterparty of the Borrower for such purpose as specified in the Agreement or in the commercial contracts relating to the use of loan under any In case one of the following circumstances:
(1) the payee is clearly specified and the amount of each utilisation shall exceed RMB ten million (or an equivalent amount in foreign currency);
(2) Other circumstances agreed by the parties hereto: --
3.4.3.1.2 If the loan is paid by entrustmentexists, the Borrower borrower shall deliver its utilisation request and commission the Entrusted Payment Notice lender to the Lender five days in advance, and provide the relevant information such as the commercial contracts, invoices and other evidences relating to the use of loan upon request of the Lender. After verification by the Lender, the Lender shall directly pay the loan to the counterparty of the Borrower borrower that is in line with this contract and agreed purpose in the business contract related to use of the loan:
(1) The payment object is definite and the amount of one single withdrawal exceeds 90% of the loan amount;
(2) The payment object is definite and the amount of one single withdrawal exceeds RMB Nine million (including the equivalence of foreign currency);
(3) Other circumstance agreed between the two parties: N/A
3.4.3.1.2 In case entrusted payment is used, the borrower shall submit to the lender around three days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loan. After they are examined and confirmed, the lender will pay the loan directly to the counterparty of the borrower through the account of the Borrowerborrower. If In case the utilisation request withdrawal application of the Borrower does borrower is not meet the in line with withdrawal conditions of utilisation under the Agreementhereunder, or the application of entrusted payment request is contrary to has inconformity with the Agreementcontract, or the transaction information is incomplete or untrueuntrue trading materials or other circumstances, the Lender may lender could refuse to grant issue or pay such the corresponding loan; and the Lender shall not be liable . The lender assumes no liability for the borrower’s breach of contract by the Borrower arising therefrom with his counterparty or any other losses so incurredlosses. The Lender shall not be held liable if the lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete payment information provided by the Borrower is incorrect or incomplete that results in delay or failure of paymentborrower.
3.4.3.1.3 If In case the Borrower borrower applies for deferred payment to defer or revokes withdraw the entrusted payment, it he shall notify file the Lender application to the lender in writing before the payment is made by the Lender. After verification by the Lender, the Lender may then terminate lender; the entrusted payment will be suspended and recover corresponding loan could be taken back after it is examined and confirmed by the lender. In this period, interest shall be calculated as agreed hereunder for the corresponding loan; and . In case the interest for such period shall be calculated at a rate specified in the Agreement. If, after termination of borrower wants to resume the entrusted paymentpayment after it is suspended, the Borrower applies for resumption of the entrusted payment, the relevant procedures set out he shall handle it as agreed in Clause 3.4.3.1.2 shall applySubparagraph 3.4.3.1.2.
3.4.3.1.4 The entrusted payment Payment entrustment shall be unconditionalattached no conditions. Even if In case the Borrower has set out borrower attaches conditions on in the “Entrusted Payment Notice”, such the conditions shall not constitute an obligation of bring no obligations to the Lenderlender. Unless otherwise agreed by in writing between the parties in writingtwo parties, the Lender shall not be obliged to notify lender bears no obligations of informing the payee in respect of the borrower when handling entrusted payment, deferred paymentpayment suspension, revocation or payment withdrawal, payment resumption of payment and other related mattersissues.
3.4.3.1.5 If the loan In case entrusted payment is paid by entrustmentused, the Lender lender has the right to restrict of restricting the payment acts through and remittance activities and functions through internet bankingwithdrawal function of online bank, phone bankingtelephone bank, cash management or channel and other non-counter channels relating to the account of the Borrowerrelevant accounts.
Appears in 2 contracts
Samples: Circulating Capital Loan Contract (China Yuan Hong Fire Control Group Holdings LTD), Circulating Capital Loan Contract (China Yuan Hong Fire Control Group Holdings LTD)
Entrusted payment. 3.4.3.1.1 3.3.3.1.1 The Borrower may will entrust the Lender to pay defray the loan Loan to a the counterparty of the Borrower for such conforming to the purpose as specified of use provided in the Agreement or in Contract and the commercial contracts relating to the use of loan under any of the following circumstancestransaction contract:
(1) the payee is clearly specified and the The amount of each utilisation shall exceed RMB ten million single withdrawal exceeds 5% of the Total Investment of the Project;
(or an 2) The amount of single withdrawal exceeds Five Million (5 million) (including the equivalent amount in foreign currency);
(23) Other circumstances situations agreed by the parties heretoParties: --.
3.4.3.1.2 If the loan is paid by entrustment3.3.3.1.2 The Withdrawal Application, the Borrower shall deliver its utilisation request and the Entrusted Payment Notice and other relevant required materials shall be provided to the Lender five by the Borrower Five (5) days in advance, and provide the relevant information such as the commercial contracts, invoices and other evidences relating to the use of . The loan upon request of the Lender. After verification by the Lender, the Lender shall money will be defrayed directly pay the loan to the counterparty of the Borrower through the account of from the Borrower’s account after approved by the Lender. If The Loan money may not be released where the utilisation request of the Borrower Withdrawal Application does not meet conform to the conditions of utilisation under the Agreementprovided Withdrawal Conditions, or the entrusted payment request is contrary application does not conform to the AgreementContract, or the transaction information materials is incomplete not complete or untruetrue; in such case, the Lender may refuse lender will not assume any responsibilities or liabilities where the Borrower defaults or cause any loss to grant or pay such loan; and the Lender shall not be liable counterparty. Translation of Fixed Assets Loan Contract KSCP
3.3.3.1.3 As for the breach of contract by the Borrower arising therefrom or any other losses so incurred. Project Financing Business, The Lender shall not be held liable if will defray the payment information loan money pursuant to the joint signed certificate provided by the independent intermediary chose by both the Lender and the Borrower is incorrect or incomplete that results in delay or failure of paymentand the contractor after jointly inspecting the plant construction and the construction progress when necessary.
3.4.3.1.3 If the 3.3.3.1.4 The Borrower applies for deferred payment or revokes the entrusted payment, it shall notify the Lender in writing written before the payment is made by Lender defrays the Lender. After verification by the Lender, the Lender may then terminate the entrusted payment and recover the corresponding loan; and the interest for such period shall be calculated at a rate specified in the Agreement. If, after termination of the entrusted payment, money where the Borrower applies for resumption of the entrusted deferring payment or withholding payment, the relevant procedures set out in Clause 3.4.3.1.2 shall apply.
3.4.3.1.4 . The entrusted payment shall be unconditional. Even if the Borrower has set out conditions on the Entrusted Payment Notice, such conditions shall not constitute an obligation of the Lender. Unless otherwise agreed by the parties in writing, the Lender shall not be obliged to notify the payee in respect of the entrusted payment, deferred payment, revocation or resumption of payment and other related matters.
3.4.3.1.5 If the loan is paid by entrustment, the Lender has the right to restrict may stop the payment and remittance activities recall the loan after approval and functions through internet banking, phone banking, cash management or other non-counter channels relating confirmation; the interest thereof shall accrue pursuant to the account of Contract. The Borrower may apply for resuming the BorrowerEntrusted Payment, which shall be handled in accordance with Article 3.3.
Appears in 1 contract
Samples: Fixed Assets Loan Contract (Sagent Pharmaceuticals, Inc.)
Entrusted payment. 3.4.3.1.1 3.3.3.1.1 The Borrower may will entrust the Lender to pay defray the loan Loan to a the counterparty of the Borrower for such conforming to the purpose as specified of use provided in the Agreement or in Contract and the commercial contracts relating to the use of loan under any of the following circumstancestransaction contract:
(1) the payee is clearly specified and the The amount of each utilisation shall exceed RMB ten million single withdrawal exceeds 5% of the Total Investment of the Project;
(or an 2) The amount of single withdrawal exceeds Five Million (5 million) (including the equivalent amount in foreign currency);
(23) Other circumstances situations agreed by the parties heretoParties: --.
3.4.3.1.2 If the loan is paid by entrustment3.3.3.1.2 The Withdrawal Application, the Borrower shall deliver its utilisation request and the Entrusted Payment Notice and other relevant required materials shall be provided to the Lender five by the Borrower Five (5) days in advance, and provide the relevant information such as the commercial contracts, invoices and other evidences relating to the use of . The loan upon request of the Lender. After verification by the Lender, the Lender shall money will be defrayed directly pay the loan to the counterparty of the Borrower through the account of from the Borrower’s account after approved by the Lender. If The Loan money may not be released where the utilisation request of the Borrower Withdrawal Application does not meet conform to the conditions of utilisation under the Agreementprovided Withdrawal Conditions, or the entrusted payment request is contrary application does not conform to the AgreementContract, or the transaction information materials is incomplete not complete or untruetrue; in such case, the Lender may refuse lender will not assume any responsibilities or liabilities where the Borrower defaults or cause any loss to grant or pay such loan; and the Lender shall not be liable counterparty. Translation of Fixed Assets Loan Contract KSCP
3.3.3.1.3 As for the breach of contract by the Borrower arising therefrom or any other losses so incurred. Project Financing Business, The Lender shall not be held liable if will defray the payment information loan money pursuant to the joint signed certificate provided by the independent intermediary chose by both the Lender and the Borrower is incorrect or incomplete that results in delay or failure of paymentand the contractor after jointly inspecting the plant construction and the construction progress when necessary.
3.4.3.1.3 If the 3.3.3.1.4 The Borrower applies for deferred payment or revokes the entrusted payment, it shall notify the Lender in writing written before the payment is made by Lender defrays the Lender. After verification by the Lender, the Lender may then terminate the entrusted payment and recover the corresponding loan; and the interest for such period shall be calculated at a rate specified in the Agreement. If, after termination of the entrusted payment, money where the Borrower applies for resumption deferring payment or withholding payment. The Lender may stop the payment and recall the loan after approval and confirmation; the interest thereof shall accrue pursuant to the Contract. The Borrower may apply for resuming the Entrusted Payment, which shall be handled in accordance with Article 3.3.3.1.2 herein.
3.3.3.1.5 The Lender may renegotiate the advance and payment Conditions with the Borrower or stop advancing and paying where the credit status of the entrusted paymentBorrower degrades, does not pay the loan in accordance with the Contract, the relevant procedures set out in Clause 3.4.3.1.2 shall applyconstruction process of the Project falls behind the process of fund use, avoid entrusted payment by way of breaking the whole into parts, etc.
3.4.3.1.4 3.3.3.1.6 The entrusted payment Entrusted Payment shall not be unconditionalsubject to conditions. Even if the Borrower has set out The attached conditions on provided in the Entrusted Payment Notice, such conditions Notice shall not constitute an obligation of bind the Lender. Unless otherwise agreed provided by the parties Parties in writingwritten, the Lender shall will not be obliged assume the obligation to notify the payee in respect of receiver for the entrusted Entrusted Payment, deferring payment, deferred withholding payment, revocation or resumption of payment and other related mattersresuming payment, etc.
3.4.3.1.5 If the loan is paid by entrustment, the Lender has the right to restrict the payment and remittance activities and functions through internet banking, phone banking, cash management or other non-counter channels relating to the account of the Borrower.
Appears in 1 contract
Samples: Fixed Assets Loan Contract (Sagent Pharmaceuticals, Inc.)
Entrusted payment. 3.4.3.1.1 (a) For any proposed utilisation amount exceeding RMB 10,000,000 (inclusive), such Loan shall be advanced by means of “entrusted payment”. The Facility Agent shall, upon the payment instruction and the particulars described in paragraph (b) of this Clause 5.6 below given by the Borrower, directly transfer the amount of the Loan to the relevant payee(s) on the date such amount is deposited into the Loan Account pursuant to paragraph (b) of Clause 5.4 (Lenders’ Participation) above. If the payee(s) or the payee(s) account number (s) given by the Borrower in its payment instruction are inconsistent with that in the particulars submitted by them in accordance with Clause 5.6(b)(i) below, the Facility Agent has the right to refuse such payment until such inconsistency has been resolved to the Facility Agent’s reasonable satisfaction.
(b) The Borrower may entrust shall, no later than 11:00 a.m. on the Lender to pay day at least five (5) Business Days before the loan to a counterparty of the Borrower for such purpose as specified in the Agreement or in the commercial contracts relating Utilization Date, submit to the use of loan under any of Facility Agent the following circumstancesadditional documents for the purpose of such “entrusted payment” together with the Utilisation Request:
(1i) the particulars of the purpose of such utilisation and relevant supporting documents (including but not limited to payee is clearly specified name, payee account number, payment amount, purpose, contract number (if any), photocopy of the contract (if any), purchase order (if any), and the amount of each utilisation shall exceed RMB ten million invoice (or an equivalent amount in foreign currencyif any)), subject to any applicable confidentiality obligations;
(ii) payment instruction; and
(iii) other materials as reasonably requested by the Facility Agent. In respect of item (i) above, any such contract, purchase order or invoice shall specify the name of the counterparty, payment amount (which shall be no less than the proposed drawdown amount) and name of goods (if applicable). In respect of item (ii), such payment instruction shall indicate the name of the payee which is consistent with the name of the counterparty as set out in the applicable contract, purchase order or invoice in item (i). The Facility Agent shall, (x) within one (1) Business Day after receiving the Utilisation Request, provide the Utilisation Request to the Lenders; (y) at least two (2) Other circumstances agreed by Business Days before the parties hereto: --
3.4.3.1.2 If Utilisation Date but in any event promptly after reviewing the documents required above, confirm at its reasonable discretion whether such disbursement of the Loan proceeds is consistent with the loan is paid by entrustmentpurpose of the Facility and notify the Lenders of the same; and (z) within five (5) Business Days after the Utilization Date, the Borrower shall deliver its utilisation request and the Entrusted Payment Notice provide email confirmation to the Lender five days in advance, and provide Lenders that the relevant information such as the commercial contracts, invoices and other evidences relating to the use of loan upon request of the Lender. After verification by the Lender, the Lender shall directly pay the loan to the counterparty of the Borrower through the account of the Borrower. If the utilisation request of the Borrower does not meet the conditions of utilisation under the Agreement, or the entrusted payment request is contrary to the Agreement, or the transaction information is incomplete or untrue, the Lender may refuse to grant or pay such loan; and the Lender shall not be liable for the breach of contract Loan proceeds so requested by the Borrower arising therefrom have been transferred to the relevant payee(s).
(c) If any amount transferred by the Facility Agent directly to the relevant payee pursuant to paragraph (a) above is refunded to the Loan Account due to incompleteness or incorrectness of such payment information filled in by the Borrower or for any other reason, the Facility Agent shall have the right not to credit such refund in the interim, or freeze such refund that has been credited into 1602149 12 Facility Agreement the Loan Account, until the Borrower re-submits the correct payment instruction.
(d) Notwithstanding the foregoing, in no case can the funds in the Loan Account be paid into any other account opened by the Borrower with the Facility Agent or any other losses so incurredfinancial institution. In case of any Event of Default, the Facility Agent shall have the right to refuse and/or stop any withdrawal by the Borrower of funds in the Loan Account.
(e) The Lender shall not be held liable if Lenders hereby agree that the payment information Facility Agent may use its reasonable commercial efforts to act on behalf of the Lenders to examine all supporting documents provided by the Borrower is incorrect or incomplete that results in delay or failure of paymentand make judgement whether to grant drawdown under this Clause 5.
3.4.3.1.3 If the Borrower applies for deferred payment or revokes the entrusted payment, it shall notify the Lender in writing before the payment is made by the Lender. After verification by the Lender, the Lender may then terminate the entrusted payment and recover the corresponding loan; and the interest for such period shall be calculated at a rate specified in the Agreement. If, after termination of the entrusted payment, the Borrower applies for resumption of the entrusted payment, the relevant procedures set out in Clause 3.4.3.1.2 shall apply.
3.4.3.1.4 The entrusted payment shall be unconditional. Even if the Borrower has set out conditions on the Entrusted Payment Notice, such conditions shall not constitute an obligation of the Lender. Unless otherwise agreed by the parties in writing, the Lender shall not be obliged to notify the payee in respect of the entrusted payment, deferred payment, revocation or resumption of payment and other related matters.
3.4.3.1.5 If the loan is paid by entrustment, the Lender has the right to restrict the payment and remittance activities and functions through internet banking, phone banking, cash management or other non-counter channels relating to the account of the Borrower.
Appears in 1 contract
Samples: Facility Agreement (Tiffany & Co)
Entrusted payment. 3.4.3.1.1 The if adopting one of under distribution, the Borrower may entrust shall authorize the Lender to pay the loan funds to a counterparty of Borrower’s transaction parties whose transaction contracts meet the Borrower for such purpose as specified condition described in this contract and business contracts’ the Agreement or in the commercial contracts relating to the use of loan under any of the following circumstances:agreed purpose;
(1) the payee The payment objects are clear and single withdrawal amount is clearly specified and the amount more than / % of each utilisation shall exceed RMB ten million (or an equivalent amount in foreign currency);loan amount,
(2) The payment objects are clear and single withdrawal amount is more than 5 million RMB (include equal value foreign currency)
(3) Other circumstances agreed by cases the two parties heretoagree: --/
3.4.3.1.2 If adopting the loan is paid by entrustmententrusted payment, the Borrower shall deliver its utilisation request submit an application for withdrawal and the Entrusted Payment Notice notice on entrusted payment to the Lender five days in advanceone day earlier, and who is also required to provide the relevant information related materials, such as business contract corresponding to the commercial contractswithdrawal, invoices and other evidences relating to the use of loan upon request of the Lendercertificates. After verification by the LenderUpon confirmation, the Lender shall directly will pay the loan directly to the counterparty of the Borrower Borrower’s trading partner through the account of Borrower’s account. Where the Borrower. If application for withdrawal is inconsistent with the utilisation request of provisions for withdrawal as prescribed in the Borrower does not meet the conditions of utilisation under the AgreementContract, or the application for entrusted payment request is contrary to inconsistent with the AgreementContract, or the transaction information is existing incomplete or untruefalse trading information, the Lender may refuse choose not to grant release or pay such the loan; and the Lender shall not be liable for the breach breaching of contract by the Borrower arising therefrom to its trading partners or any other losses so incurreddamages hereunder. The Lender shall not be held liable if bear responsibility for the delay of or failure in loan release due to incorrect and incomplete payment information provided by the Borrower is incorrect or incomplete that results in delay or failure of paymentBorrower.
3.4.3.1.3 If the Borrower applies for deferred payment suspension or revokes abandon the entrusted paymentpayment entrustment, it shall notify submit the Lender application in writing before written prior to the payment is made by the Lender. After verification by Upon the Lender’s confirmation, the Lender may then terminate the entrusted payment will be suspended and recover the corresponding loancorrespondent loan could be collected back; and however, the interest for such period correspondent loan shall be calculated at a rate collected pursuant to the Contract during this period. Where the Borrower applies to resume the entrusted payment afterward, it shall handle the procedures according to provision 3.4.3.1.2.
3.4.3.1.4 No condition shall be attached to the entrusted payment。If there is condition attached to the Notice of Entrusted Payment, no obligation shall be created to the Lender hereof. Unless otherwise specified in written, the Agreement. IfBorrower is not obligated to inform the Lender for issues of payment entrustment, after termination of suspension, abandonment and resuming.
3.4.3.1.5 If adopting the entrusted payment, the Borrower applies for resumption of the entrusted payment, the relevant procedures set out in Clause 3.4.3.1.2 shall apply.
3.4.3.1.4 The entrusted payment shall Lender will be unconditional. Even if the Borrower has set out conditions on the Entrusted Payment Notice, such conditions shall not constitute an obligation of the Lender. Unless otherwise agreed by the parties in writing, the Lender shall not be obliged to notify the payee in respect of the entrusted payment, deferred payment, revocation or resumption of payment and other related matters.
3.4.3.1.5 If the loan is paid by entrustment, the Lender has the right entitled to restrict the payment Borrower’s relevant account in functions of payments and remittance activities and functions automatic withdrawals through off-counter channels such as internet banking, phone telephone banking, cash management or other non-counter channels relating to the account of the Borrowerchannel and etc.
Appears in 1 contract
Samples: Loan Contract (China Shenghuo Pharmaceutical Holdings Inc)
Entrusted payment. 3.4.3.1.1 The Borrower may entrust the Lender to pay the loan to a counterparty of the Borrower for such purpose as specified in the Agreement or in the commercial contracts relating to the use of loan under any of the following circumstances:
(1) the payee is clearly specified and the amount of each utilisation shall exceed RMB ten million exceed_--_ % of the loan;
(2) the payee is clearly specified and the amount of each utilisation shall exceed--_ (or an equivalent amount in foreign currency);
(23) Other circumstances agreed by the parties hereto: --hereto:--
3.4.3.1.2 If the loan is paid by entrustment, the Borrower shall deliver its utilisation request and the Entrusted Payment Notice to the Lender five __-- days in advance, and provide the relevant information such as the commercial contracts, invoices and other evidences relating to the use of loan upon request of the Lender. After verification by the Lender, the Lender shall directly pay the loan to the counterparty of the Borrower through the account of the Borrower. If the utilisation request of the Borrower does not meet the conditions of utilisation under the Agreement, or the entrusted payment request is contrary to the Agreement, or the transaction information is incomplete or untrue, the Lender may refuse to grant or pay such loan; and the Lender shall not be liable for the breach of contract by the Borrower arising therefrom or any other losses so incurred. The Lender shall not be held liable if the payment information provided by the Borrower is incorrect or incomplete that results in delay or failure of payment.
3.4.3.1.3 If the Borrower applies for deferred payment or revokes the entrusted payment, it shall notify the Lender in writing before the payment is made by the Lender. After verification by the Lender, the Lender may then terminate the entrusted payment and recover the corresponding loan; and the interest for such period shall be calculated at a rate specified in the Agreement. If, after termination of the entrusted payment, the Borrower applies for resumption of the entrusted payment, the relevant procedures set out in Clause 3.4.3.1.2 shall apply.
3.4.3.1.4 The entrusted payment shall be unconditional. Even if the Borrower has set out conditions on the Entrusted Payment Notice, such conditions shall not constitute an obligation of the Lender. Unless otherwise agreed by the parties in writing, the Lender shall not be obliged to notify the payee in respect of the entrusted payment, deferred payment, revocation or resumption of payment and other related matters.
3.4.3.1.5 If the loan is paid by entrustment, the Lender has the right to restrict the payment and remittance activities and functions through internet banking, phone banking, cash management or other non-counter channels relating to the account of the Borrower.
Appears in 1 contract
Entrusted payment. 3.4.3.1.1 The Borrower may entrust the Lender to pay the loan to a counterparty of the Borrower for such purpose as specified in the Agreement or in the commercial contracts relating to the use of loan under any In case one of the following circumstances:
(1) the payee is clearly specified and the amount of each utilisation shall exceed RMB ten million (or an equivalent amount in foreign currency);
(2) Other circumstances agreed by the parties hereto: --
3.4.3.1.2 If the loan is paid by entrustmentexists, the Borrower borrower shall deliver its utilisation request and commission the Entrusted Payment Notice lender to the Lender five days in advance, and provide the relevant information such as the commercial contracts, invoices and other evidences relating to the use of loan upon request of the Lender. After verification by the Lender, the Lender shall directly pay the loan to the counterparty of the Borrower borrower that is in line with this contract and agreed purpose in the business contract related to use of the loan:
(1) The payment object is definite and the amount of one single withdrawal exceeds N/A % of the loan amount;
(2) The payment object is definite and the amount of one single withdrawal exceeds RMB thirty million (including the equivalence of foreign currency);
(3) Other circumstance agreed between the two parties: N/A
3.4.3.1.2 In case entrusted payment is used, the borrower shall submit to the lender around ten days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loan. After they are examined and confirmed, the lender will pay the loan directly to the counterparty of the borrower through the account of the Borrowerborrower. If In case the utilisation request withdrawal application of the Borrower does borrower is not meet the in line with withdrawal conditions of utilisation under the Agreementhereunder, or the application of entrusted payment request is contrary to has inconformity with the Agreementcontract, or the transaction information is incomplete or untrueuntrue trading materials or other circumstances, the Lender may lender could refuse to grant issue or pay such the corresponding loan; and the Lender shall not be liable . The lender assumes no liability for the borrower’s breach of contract by the Borrower arising therefrom with his counterparty or any other losses so incurredlosses. The Lender shall not be held liable if the lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete payment information provided by the Borrower is incorrect or incomplete that results in delay or failure of paymentborrower.
3.4.3.1.3 If In case the Borrower borrower applies for deferred payment to defer or revokes withdraw the entrusted payment, it he shall notify file the Lender application to the lender in writing before the payment is made by the Lender. After verification by the Lender, the Lender may then terminate lender; the entrusted payment will be suspended and recover corresponding loan could be taken back after it is examined and confirmed by the lender. In this period, interest shall be calculated as agreed hereunder for the corresponding loan; and . In case the interest for such period shall be calculated at a rate specified in the Agreement. If, after termination of borrower wants to resume the entrusted paymentpayment after it is suspended, the Borrower applies for resumption of the entrusted payment, the relevant procedures set out he shall handle it as agreed in Clause 3.4.3.1.2 shall applySubparagraph 3.4.3.1.2.
3.4.3.1.4 The entrusted payment Payment entrustment shall be unconditionalattached no conditions. Even if In case the Borrower has set out borrower attaches conditions on in the “Entrusted Payment Notice”, such the conditions shall not constitute an obligation of bring no obligations to the Lenderlender. Unless otherwise agreed by in writing between the parties in writingtwo parties, the Lender shall not be obliged to notify lender bears no obligations of informing the payee in respect of the borrower when handling entrusted payment, deferred paymentpayment suspension, revocation or payment withdrawal, payment resumption of payment and other related mattersissues.
3.4.3.1.5 If the loan In case entrusted payment is paid by entrustmentused, the Lender lender has the right to restrict of restricting the payment acts through and remittance activities and functions through internet bankingwithdrawal function of online bank, phone bankingtelephone bank, cash management or channel and other non-counter channels relating to the account of the Borrowerrelevant accounts.
Appears in 1 contract
Samples: Circulating Capital Loan Contract (China Yuan Hong Fire Control Group Holdings LTD)
Entrusted payment. 3.4.3.1.1 The Borrower may entrust the Lender to pay the loan to a counterparty of the Borrower for such purpose as specified in the Agreement or in the commercial contracts relating to the use of loan under Under any of the following circumstances, the borrower shall entrust the lender to pay the loan funds in accordance with this Contract and corresponding to the used funds The counterparty of the borrower for the purpose specified in the business contract:
(1) the payee The payment object is clearly specified clear and the amount of each utilisation shall exceed RMB a single withdrawal exceeds one ten million thousand yuan (or an including equivalent amount in foreign currency);
(2) Other circumstances as agreed upon by the parties hereto: --both parties;
3.4.3.1.2 If the loan is paid by entrustmentFor grant payment, the Borrower borrower shall deliver its utilisation request advance. Submit the withdrawal application and the Entrusted Payment Notice entrusted payment notice to the Lender five days in advancelender Single, and provide the relevant information such as the commercial contractsbusiness contract, invoices invoice and other evidences relating vouchers corresponding to the use of loan upon request requirements of the Lenderlender. After verification by the Lenderand confirmation, the Lender lender shall directly pay the loan directly to the borrower’s counterparty of the Borrower through the account of the Borrowerborrower’s account. If the utilisation request of the Borrower does The borrower’s withdrawal with please do not meet conform to the conditions of utilisation under the Agreementcontract, or pay committee Xxxx single house does not accord with the entrusted payment request is contrary to the Agreementcontract, or the transaction information is incomplete or untruenot mining, the Lender may refuse lender can not issue, not pay the corresponding borrow: causing the borrower to grant the counterparty default or pay such loan; and form other damage, the Lender shall lender is not be liable for the breach of contract by the Borrower arising therefrom or any other losses so incurredliable. The Lender shall not be held liable if the payment information provided by the Borrower borrower is incorrect or incomplete that results in inaccurate and incomplete, and the delay or failure of paymentthe fund payment shall not be liable.
3.4.3.1.3 If Where the Borrower borrower applies for deferred suspension of payment or revokes withdrawal of the entrusted entrustment of payment, it shall notify submit the Lender application to the lender in writing to the lender before the payment is made by the Lenderpayment. After verification and confirmation by the Lenderlender, the Lender may then terminate the entrusted payment shall be suspended and recover the corresponding loan; and loan may be recovered, during which the interest for such period on the corresponding loan shall be calculated at a rate specified and charged in accordance with the Agreementcontract. If, after termination After the suspension of the entrusted payment, if the Borrower borrower applies for the resumption of the entrusted paymentpayment entrustment, the relevant procedures set out it shall be handled in Clause 3.4.3.1.2 shall applyaccordance with Article 3.4.3.1.2.
3.4.3.1.4 The entrusted entrustment of payment shall cannot be unconditionalattached to conditions. Even if If the Borrower has set out borrower attaches conditions on in the Entrusted Payment NoticeNotice of Commissiof Payment, such the attached conditions shall not constitute an have no obligation of to the Lenderlender. Unless otherwise agreed in writing by the parties in writingboth parties, the Lender shall not be obliged have the obligation to notify the payee in respect of the any matters such as entrusted payment, deferred suspension of payment, revocation or resumption withdrawal of payment and other related mattersresumption of payment.
3.4.3.1.5 If the loan entrusted payment is paid by entrustmentadopted, the Lender lender has the right to restrict the payment behavior and remittance activities and functions through internet banking, phone banking, cash management or other payment function of non-counter channels relating to the account such as handheld banking, online banking, telephone banking and cash management channels of the Borrowerrelevant accounts of the borrower.
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Samples: Working Capital Loan Contract (Xuhang Holdings LTD)