Events of Default and Handling. Any of the following conditions shall constitute or be deemed as an event of default by the Borrower hereunder: 1. The Borrower fails to fulfill its any payment and repayment obligations to the Lender as agreed herein; 2. The Borrower fails to use the loan funds in the manner as agreed herein or fails to use the obtained funds for the purpose as agreed herein; or the Borrower uses the loan funds for refinancing or for purchasing any other financial products for arbitrage; or the Borrower uses the loan funds to inflate fiscal revenue; or the Borrower illegally adds implicit local government debts in a manner against stipulations; 3. The statements made by the Borrower hereunder are untrue or the Borrower fails to comply with its undertakings made under this Contract; 4. Any circumstance specified in Article 11-2-(4) hereof occurs and, in the Lender's opinion, it may affect the financial position and contract performance capacity of the Borrower or the Guarantor, and the Borrower fails to provide any new security or change the Guarantor according to this Contract; 5. The credit status of the Borrower declines; 6. The Borrower's profitability, solvency, operating capacity, cash flow or any other financial indicator deteriorates, or breaches the indicator constraints as agreed herein or other financial covenants; 7. The Borrower commits any event of default under other contracts signed by it with the Lender or other institutions of Bank of China Limited; 8. The Guarantor breaches any terms of the Contract of Guarantee or commits any event of default under another contract signed by it with the Lender or another institution of Bank of China Limited; 9. The Borrower stops operating, or any dissolution, revocation or bankruptcy event occurs to it; 10. The Borrower is or may be involved in any significant economic dispute, lawsuit or arbitration, or its assets are sealed up, seized or enforced, or it is investigated by any judicial or taxation, industry and commerce or other administrative authorities or any punitive measure is taken against it thereby in accordance with laws, which has affected or may affect the performance of its obligations hereunder; 11. Any abnormal change occurs to any of the Borrower's major investors or key officers, any of them disappears or is legally investigated or their personal freedom is restricted by judicial authorities, which have or may affect fulfillment of its obligations hereunder; 12. Any circumstance that may affect the financial position and contract performance capacity of the Borrower or the Guarantor exists as identified by the Lender in its annual (i.e. every year since the effective date hereof) review on the Borrower's financial position and contract performance ability; 13. There is a large amount of unusual inflow or outflow of funds into or out of the designated capital recovery account and the Borrower cannot provide any explanatory material acceptable to the Lender; 14. The Borrower refuses to cooperate with the Lender to carry out due diligence, the Borrower or its counterparty is suspected of money laundering, terrorist financing, proliferation of nuclear weapons, violation of sanctions, or any other violation of laws and regulations, or the Borrower and the Guarantor are listed in the United Nations’, China’ and other applicable sanctions lists; 15. The Borrower breaches any other provisions hereof concerning the rights and obligations of the Parties. 1. Requiring the Borrower and the Guarantor to correct their defaulting behavior within a stipulated time. 2. Reducing, suspending or canceling or terminating the credit limit granted to the Borrower, in whole or in part. 3. Suspending or terminating, in whole or in part, acceptance of the Borrower's withdrawal and other requests hereunder, other contracts between the Borrower and the Lender, etc.; suspending, cancelling or terminating, in whole or in part, the issuance, payment and processing of the loans not yet issued or the trade financing not yet processed; 4. Announcing that the principal of the outstanding loan/trade financing amount and other payable amounts under this Contract and under other contracts between the Borrower and the Lender and the interest thereon become due immediately in whole or in part; 5. Adjusting the loan interest rate hereunder and collect penalty interest; 6. Adjusting the loan payment method, such as changing autonomous payment to entrusted payment, reducing the starting amount of entrusted payment, etc; 7. Reducing the risk classification of all credit assets under this Contract and other contracts between the Borrower and the Lender; 8. Terminating or rescinding this Contract, and terminating or rescinding other contracts between the Borrower and the Lender in whole or in part;
Appears in 1 contract
Samples: Working Capital Loan Contract (Universal Electronics Inc)
Events of Default and Handling. Any One of the following conditions matters shall constitute or be deemed as an the default event of default by the Borrower hereunderunder the Contract:
1. The Borrower fails to fulfill its any perform the payment and repayment liquidation obligations to the Lender as agreed hereinin accordance with the Contract;
2. The Borrower fails to use the loan funds in the manner as agreed herein in the Contract or fails to use the obtained funds for the purpose as agreed hereinin the Contract; or Or the Borrower borrower uses the loan funds for refinancing to transfer loans or for purchasing any purchase other financial products for arbitrage; or the Borrower uses the loan funds to inflate fiscal revenue; or the Borrower illegally adds implicit local government debts in a manner against stipulations;
3. The statements statement made by the Borrower hereunder are untrue in the Contract is not true, or the Borrower fails to comply with its undertakings violates the commitments made under this in the Contract;
4. Any circumstance In case of any of the circumstances specified in Clause 2 (4) of Article 11-2-(4) hereof occurs and10 hereof, in the Lender's opinion, it may affect Lender considers that the financial position status and contract performance capacity capability of the Borrower or the GuarantorGuarantor may be affected, and the Borrower fails to provide any new security or change guarantee and replace the Guarantor according to this Contractin accordance with the provisions hereof;
5. The credit status of the Borrower declinesdecreases, or the financial indicators of the Borrower, such as profitability, solvency, operation ability and cash flow, deteriorate, and break through the constraints of indicators agreed in the Contract or other financial agreements;
6. The Borrower's profitability, solvency, operating capacity, cash flow or any other financial indicator deteriorates, or breaches the indicator constraints as agreed herein or other financial covenants;
7. The Borrower commits has any event of default under other contracts signed by it with the Lender or other institutions of Bank of China Limited; An event of default occurs under the credit contract between the Borrower and other financial institutions;
7. The Guarantor breaches the terms of the Guarantee Contract, or breaches other contracts with the Lender or other institutions of Bank of China Limited;
8. The Guarantor breaches any terms of the Contract of Guarantee Borrower terminates its business or commits any event of default under another contract signed by it with the Lender dissolves, cancels or another institution of Bank of China Limitedgoes bankrupt;
9. The Borrower stops operating, or any dissolution, revocation or bankruptcy event occurs to it;
10. The Borrower is involved in or may be involved in any significant major economic disputedisputes, lawsuit or litigation and arbitration, or its assets are sealed up, seized or enforced, or it is investigated by any judicial authorities or taxationtax, industry industrial and commerce or commercial and other administrative authorities file a case for investigation or any punitive measure is taken against it thereby in accordance with lawstake punishment measures according to law, which has affected or may affect the performance of its obligations hereunderunder the Contract;
10. The Borrower's main investors and key management personnel have changed or disappeared abnormally, or have been investigated or restricted by judicial organs according to law, which has or may affect the performance of their obligations under the Contract;
11. Any abnormal change occurs to any When the Lender reviews the financial status and performance capability of the Borrower's major investors or key officersBorrower every year (i.e. Every year since the effective date of the Contract), any of them disappears or is legally investigated or their personal freedom is restricted by judicial authorities, which have or may affect fulfillment of its obligations hereunder;
12. Any circumstance it finds that there are circumstances that may affect the financial position status and contract performance capacity capability of the Borrower or the Guarantor exists as identified by the Lender in its annual (i.e. every year since the effective date hereof) review on the Borrower's financial position and contract performance abilityGuarantor;
1312. There is a large Large amount of unusual and abnormal capital inflow or and outflow of funds into or out of occur in the designated capital recovery withdrawal account and the Borrower cannot fails to provide any explanatory material acceptable to materials recognized by the Lender;
1413. The Borrower refuses to cooperate with the Lender to carry out due diligence, or the Borrower or its counterparty Lender finds that the Borrower's transaction is suspected of money laundering, terrorist financing, proliferation of nuclear weapons, violation of sanctions, or any other in violation of laws and regulations, or the Lender has reasonable grounds to suspect that the Borrower and or its related transaction/counterparty is suspected of money laundering, terrorism or terrorist financing, or that the Guarantor are listed in the United Nations’, China’ and other applicable sanctions listsborrower's transaction involves violation of relevant sanctions;
1514. The Borrower breaches any violates other provisions hereof concerning agreements on the rights and obligations of the Parties.parties in the Contract. In case of the events of default specified in the preceding paragraph, the Lender shall have the right to take the following measures respectively or simultaneously according to the specific circumstances:
1. Requiring Require the Borrower borrower and the Guarantor guarantor to correct their defaulting behavior breach of contract within a stipulated time.time limit;
2. ReducingReduce, suspending suspend, cancel or canceling or terminating terminate the credit limit granted line to the Borrower, Borrower in whole or in part.;
3. Suspending Suspend or terminatingterminate, in whole or in part, the acceptance of the Borrower's withdrawal and other requests hereunder, other contracts between the Borrower and the Lender, etc.; suspending, cancelling or terminating, in whole or in part, the issuance, payment and processing of the loans not yet issued or the trade financing not yet processed;
4. Announcing that the principal of the outstanding loan/trade financing amount and other payable amounts under this Contract and under other contracts between the Borrower and the Lender and the interest thereon become due immediately in whole or in part;
5. Adjusting the loan interest rate hereunder and collect penalty interest;
6. Adjusting the loan payment method, such as changing autonomous payment to entrusted payment, reducing the starting amount of entrusted payment, etc;
7. Reducing the risk classification of all credit assets business applications under this Contract and other contracts between the Borrower and the Lender; Suspend or cancel, terminate the issuance, payment and processing of loans and trade financing that have not yet been issued or processed in full or in part;
84. Terminating Declare that all or rescinding this part of the loan/trade financing principal and interest and other payables under the Contract and other contracts between the Borrower and the Lender are immediately due;
5. Terminate or cancel the Contract, and terminating terminate or rescinding cancel other contracts between the Borrower and the Lender in whole or in part;
6. Require the Borrower to compensate the Lender for the losses caused by the Borrower's breach of contract, including but not limited to the legal costs, attorney fees, notary fees, execution fees and other related expenses caused by the realization of creditor's rights;
7. Deduct and transfer the funds in the accounts opened by the Borrower in the Lender and other institutions of the Bank of China Limited to pay off all or part of the Borrower's debts to the Lender under the Contract. Undue amounts in the account are considered to be due in advance. If the account currency is different from the pricing currency of the Lender's business, it shall be converted according to the Lender's applicable exchange rate of foreign exchange at the time of deduction;
8. Exercise the real right for security;
9. Require the guarantor to undertake the guaranty liability;
10. Other measures deemed necessary and possible by the Lender.
Appears in 1 contract
Samples: Working Capital Loan Contract (Pop Culture Group Co., LTD)
Events of Default and Handling. Any 9.1 One of the following conditions matters shall constitute or be deemed as an the default event of default by the Borrower hereunderunder the Contract:
(1. ) The Borrower fails to fulfill its any perform the payment and repayment liquidation obligations to the Lender as agreed hereinin accordance with the Contract;
(2. ) The Borrower fails to use the loan funds in the manner as agreed herein in the Contract or fails to use the obtained funds for the purpose as agreed herein; or in the Borrower uses the loan funds for refinancing or for purchasing any other financial products for arbitrage; or the Borrower uses the loan funds to inflate fiscal revenue; or the Borrower illegally adds implicit local government debts in a manner against stipulationsContract;
(3. ) The statements statement made by the Borrower hereunder are untrue in the Contract is not true, or the Borrower fails to comply with its undertakings violates the commitments made under this in the Contract;
(4. Any circumstance ) If the circumstances specified in Article 11-2-(4Item (4) hereof occurs andof Clause 7.2 of the Contract occur, in the Lender's opinion, it may affect Lender considers that the financial position status and contract performance capacity ability of the Borrower or the GuarantorGuarantor may be affected, and the Borrower fails to provide any new security or change guarantee and replace the Guarantor according to this the provisions of the Contract;
(5. ) The credit status of the Borrower declines;
6. The , or the financial indicators such as the Borrower's ’s profitability, solvency, operating capacity, operation ability and cash flow deteriorate, which breaks through the index constraints or any other financial indicator deterioratesagreements stipulated in the Contract;
(6) The borrower and its affiliates have default events under the contract with the lender or other institutions of Xiamen Bank Co LtdAn event of default occurs under the contract between the Borrower and its affiliates and other financial institutions;
(7) The Guarantor breaches the agreement of the guarantee contract, or breaches the indicator constraints as agreed herein or other financial covenants;
7. The Borrower commits any event of default under other contracts signed by it with the Lender or other institutions of Xiamen Bank of China LimitedCo Ltd
(8) The Borrower terminates its business or dissolves, cancels or goes bankrupt;
8. The Guarantor breaches any terms of the Contract of Guarantee or commits any event of default under another contract signed by it with the Lender or another institution of Bank of China Limited;
(9. The Borrower stops operating, or any dissolution, revocation or bankruptcy event occurs to it;
10. ) The Borrower is involved in or may be involved in any significant major economic disputedisputes, lawsuit or litigation and arbitration, or its assets are sealed up, seized or enforced, or it the Borrower is investigated and dealt with by any judicial organs or taxationtax, industry and commerce or and other administrative authorities organs according to law, or any punitive measure is penalty measures are taken against it thereby in accordance with lawsaccording to law, which has affected or may affect the performance of its obligations hereunderunder the Contract;
(10) The main investors and key management personnel of the Borrower change or disappear abnormally, or are investigated or restricted by judicial organs according to law, which has or may affect the performance of their obligations under the Contract;
(11. Any abnormal change occurs to any ) When the Lender examines the financial status and performance capability of the Borrower's major investors or key officers, any of them disappears or is legally investigated or their personal freedom is restricted by judicial authorities, which have or may affect fulfillment of its obligations hereunder;
12. Any circumstance it finds that there are circumstances that may affect the financial position status and contract performance capacity capability of the Borrower or the Guarantor exists as identified Guarantor;
(12) The Borrower fails to provide explanatory materials recognized by the Lender in its annual (i.e. every year since the effective date hereof) review on the Borrower's financial position and contract performance ability;
13. There is a case of large amount of unusual and abnormal capital inflow or and outflow of funds into or out of in the designated capital recovery account and the Borrower cannot provide any explanatory material acceptable withdrawal account.
(13) According to the reasonable judgment of the Lender;
14. The Borrower refuses to cooperate with the Lender to carry out due diligence, the Borrower or its counterparty is suspected of money laundering, terrorist financing, proliferation of nuclear weapons, violation of sanctions, or any other violation of laws and regulations, or the Borrower and the Guarantor are listed in the United Nations’, China’ and other applicable sanctions lists;
15. The Borrower breaches any other provisions hereof concerning events that may materially damage the rights and obligations interests of the PartiesLender under the loan business and have a material adverse impact on the continued performance of such business occur, including but not limited to: the market (exchange rate, interest rate, industry, relevant derivatives market, etc.) Related to the business or the operation of the Lenders;Policy and regulation (monetary, fiscal, industry, regional development, etc.)Major adverse changes in the political and financial situations of other countries and other force majeure events;Significant adverse changes have occurred in the performance ability of other parties to the business.
9.2 In the event of default specified in the preceding paragraph, the Lender has the right to take the following measures respectively or simultaneously according to the specific circumstances:
(1. Requiring ) Require the Borrower and the Guarantor to correct their defaulting behavior breach of contract within a stipulated time.time limit;
(2. Reducing, suspending ) Declare all or canceling or terminating the credit limit granted to the Borrower, in whole or in part.
3. Suspending or terminating, in whole or in part, acceptance part of the Borrower's withdrawal principal and interest of the loan and other requests hereunder, other contracts between payables under the Borrower and the Lender, etc.; suspending, cancelling or terminating, in whole or in part, the issuance, payment and processing of the loans not yet issued or the trade financing not yet processedContract to be immediately due;
4. Announcing that (3) Terminate or cancel the principal of the outstanding loan/trade financing amount and other payable amounts under this Contract and under other contracts between the Borrower and the Lender and the interest thereon become due immediately in whole or in part;
5. Adjusting the loan interest rate hereunder and collect penalty interest;
6. Adjusting the loan payment method, such as changing autonomous payment to entrusted payment, reducing the starting amount of entrusted payment, etc;
7. Reducing the risk classification of all credit assets under this Contract and other contracts between the Borrower and the Lender;
8. Terminating or rescinding this Contract, and terminating terminate or rescinding cancel other contracts between the Borrower and the Lender in whole or in part;
(4) Require the Borrower to compensate the Lender for the losses caused by its breach of contract;
(5) Deduct the amount in the Borrower’s account opened with the Lender and other institutions of Xiamen Bank Co Ltd. to pay off all or part of the Borrower’s debts to the Lender under the Contract without prior notice to the Borrower. Undue amounts in the account are considered to be due in advance. If the account currency is different from the pricing currency of the Lender’s business, it shall be converted according to the Lender’s applicable foreign exchange rate at the time of deduction, and the exchange rate risk shall be borne by the Borrower;
(6) Require the Borrower to provide a new guarantee, and/or replace the guarantor;
(7) exercise the real right for security;
(8) requiring the guarantor to undertake the guaranty liability;
(9) Collect default interest and compound interest from the Borrower in accordance with the Contract;
(10) Other measures deemed necessary and possible by the Lender.
Appears in 1 contract
Events of Default and Handling. Any of the The following conditions events shall constitute or be deemed to constitute as an event events of default by the Borrower hereunderdefault:
1. ) The Borrower fails to fulfill perform its any payment and repayment obligations obligation to repay to or settle with the Lender as agreed herein;of the amounts due under this Contract.
2. ) The Borrower fails to use the loan funds in the manner as agreed herein or fails to use the obtained funds Loan for the purpose as agreed herein; or the Borrower uses the loan funds for refinancing or for purchasing any other financial products for arbitrage; or the Borrower uses the loan funds to inflate fiscal revenue; or the Borrower illegally adds implicit local government debts in a manner against stipulations;usage under this Contract.
3. ) The statements representation made by the Borrower hereunder are in this Contract is found untrue or and the Borrower fails to comply with is in breach of its undertakings made under this Contract;warranties hereunder.
4. Any circumstance specified ) In the occurrence of the event mentioned in Article 11Item 5 of Sub-2-(4) hereof occurs andClause 2 of Clause 8, in the Lender's opinion, it Lender may affect deem the financial position condition and contract performance capacity capability of the Borrower or the Guarantor, Guarantor being adversely affected and the Borrower fails to provide any a new security guarantee or change fails to arrange for substitution of the Guarantor according to guarantor.
5) The Borrower is in breach of its rights and obligations in other agreed terms of this Contract;
5. The credit status of the Borrower declines;.
6. The Borrower's profitability, solvency, operating capacity, cash flow or any other financial indicator deteriorates, or breaches the indicator constraints as agreed herein or other financial covenants;
7. ) The Borrower commits any has committed an event of default under in other contracts signed by it with other organization of the Lender or other institutions of the Bank of China Limited;China.
8. 7) The Guarantor breaches any terms has defaulted in the Contract or in other organization of the Contract Lender of Guarantee the Bank of China.
8) The Borrower ceases operation, is dissolved or commits any event becomes bankrupt. In the occurrence of default under another contract signed by it with the above events, the Lender may, depending on specific circumstances, shall have the right to take the following measures, separately or another institution of Bank of China Limited;simultaneously:
9. 1) The Borrower stops operating, or any dissolution, revocation or bankruptcy event occurs to it;
10. The Borrower is or Lender may be involved in any significant economic dispute, lawsuit or arbitration, or its assets are sealed up, seized or enforced, or it is investigated by any judicial or taxation, industry and commerce or other administrative authorities or any punitive measure is taken against it thereby in accordance with laws, which has affected or may affect the performance of its obligations hereunder;
11. Any abnormal change occurs to any of the Borrower's major investors or key officers, any of them disappears or is legally investigated or their personal freedom is restricted by judicial authorities, which have or may affect fulfillment of its obligations hereunder;
12. Any circumstance that may affect the financial position and contract performance capacity of demand the Borrower or the Guarantor exists as identified by to remedy the Lender in its annual (i.e. every year since the effective date hereof) review on the Borrower's financial position and contract performance ability;
13. There is a large amount of unusual inflow or outflow of funds into or out of the designated capital recovery account and the Borrower cannot provide any explanatory material acceptable to the Lender;
14. The Borrower refuses to cooperate with the Lender to carry out due diligence, the Borrower or its counterparty is suspected of money laundering, terrorist financing, proliferation of nuclear weapons, violation of sanctions, or any other violation of laws and regulations, or the Borrower and the Guarantor are listed in the United Nations’, China’ and other applicable sanctions lists;
15. The Borrower breaches any other provisions hereof concerning the rights and obligations of the Parties.
1. Requiring the Borrower and the Guarantor to correct their defaulting behavior breach within a stipulated period of time.
2. Reducing) The Lender may, suspending entirely or canceling partly, reduce or terminating terminate the credit limit granted to the Borrower, in whole or in partline.
3. Suspending ) The Lender may, entirely or terminatingpartly, in whole decline or in part, acceptance suspend applications for drawdown of the Borrower's withdrawal and other requests hereunder, other contracts between the Borrower and the Lender, etc.; suspending, cancelling or terminating, in whole or in part, the issuance, payment and processing of the loans not yet issued or the trade financing not yet processed;
4. Announcing that the principal of the outstanding loan/trade financing amount and other payable amounts under this Contract and under or other contracts between the Borrower and the Lender and the Lender may, entirely or partly, suspend or decline the release of payments or the loan application processing.
4) The Lender may declare that the Loan and accrued interest thereon become due immediately in whole or in part;
5. Adjusting the loan interest rate hereunder and collect penalty interest;
6. Adjusting the loan payment method, such as changing autonomous payment to entrusted payment, reducing the starting amount of entrusted payment, etc;
7. Reducing the risk classification of all credit assets under this Contract and loans and accrued interest thereof, entirely or partly, under other contracts between the Borrower and the Lender;, entirely or partly, shall be due immediately.
8. Terminating 5) The Lender may, entirely or rescinding partly, determine this Contract, and terminating Contract or rescinding other contracts between the Borrower and the Lender.
6) The Lender may demand the Borrower to compensate it with the loss that the Lender may suffer as a result of the breach of this Contract by the Borrower.
7) The Lender may withhold the money in whole the bank accounts of the Borrower in other branches of the Bank of China for the repayment of the entire or part of the debts owed by the Borrower in part;this contract and the undue deposits with the accounts shall be deemed as due and if the currency denoted in this Contract is different to the currency of the money with other accounts, the exchange rate to be adopted shall be the appropriate rate applicable to the Lender.
8) The Lender may enforce the Contract by exercising the collateral.
9) The Lender may demand the guarantor to perform the guarantee.
10) The Lender may take any other measures as it deems fit.
Appears in 1 contract
Events of Default and Handling. Any One of the following conditions matters shall constitute or be deemed as an the default event of default by the Borrower hereunderunder the Contract:
1. The Borrower fails to fulfill its any perform the payment and repayment liquidation obligations to the Lender as agreed hereinin accordance with the Contract;
2. The Borrower fails to use the loan funds in the manner as agreed herein in the Contract or fails to use the obtained funds for the purpose as agreed herein; or in the Borrower Contract;Or the borrower uses the loan funds for refinancing to transfer loans or for purchasing any purchase other financial products for arbitrage; or the Borrower uses the loan funds to inflate fiscal revenue; or the Borrower illegally adds implicit local government debts in a manner against stipulations;
3. The statements statement made by the Borrower hereunder are untrue in the Contract is not true, or the Borrower fails to comply with its undertakings violates the commitments made under this in the Contract;
4. Any circumstance In case of any of the circumstances specified in Clause 2 (4) of Article 11-2-(4) hereof occurs and10 hereof, in the Lender's opinion, it may affect Lender considers that the financial position status and contract performance capacity capability of the Borrower or the GuarantorGuarantor may be affected, and the Borrower fails to provide any new security or change guarantee and replace the Guarantor according to this Contractin accordance with the provisions hereof;
5. The credit status of the Borrower declinesdecreases, or the financial indicators of the Borrower, such as profitability, solvency, operation ability and cash flow, deteriorate, and break through the constraints of indicators agreed in the Contract or other financial agreements;
6. The Borrower's profitability, solvency, operating capacity, cash flow or any other financial indicator deteriorates, or breaches the indicator constraints as agreed herein or other financial covenants;
7. The Borrower commits has any event of default under other contracts signed by it with the Lender or other institutions of Bank of China Limited;An event of default occurs under the credit contract between the Borrower and other financial institutions;
7. The Guarantor breaches the terms of the Guarantee Contract, or breaches other contracts with the Lender or other institutions of Bank of China Limited;
8. The Guarantor breaches any terms of the Contract of Guarantee Borrower terminates its business or commits any event of default under another contract signed by it with the Lender dissolves, cancels or another institution of Bank of China Limitedgoes bankrupt;
9. The Borrower stops operating, or any dissolution, revocation or bankruptcy event occurs to it;
10. The Borrower is involved in or may be involved in any significant major economic disputedisputes, lawsuit or litigation and arbitration, or its assets are sealed up, seized or enforced, or it is investigated by any judicial authorities or taxationtax, industry industrial and commerce or commercial and other administrative authorities file a case for investigation or any punitive measure is taken against it thereby in accordance with lawstake punishment measures according to law, which has affected or may affect the performance of its obligations hereunderunder the Contract;
10. The Borrower's main investors and key management personnel have changed or disappeared abnormally, or have been investigated or restricted by judicial organs according to law, which has or may affect the performance of their obligations under the Contract;
11. Any abnormal change occurs to any When the Lender reviews the financial status and performance capability of the Borrower's major investors or key officersBorrower every year (i.e. Every year since the effective date of the Contract), any of them disappears or is legally investigated or their personal freedom is restricted by judicial authorities, which have or may affect fulfillment of its obligations hereunder;
12. Any circumstance it finds that there are circumstances that may affect the financial position status and contract performance capacity capability of the Borrower or the Guarantor exists as identified by the Lender in its annual (i.e. every year since the effective date hereof) review on the Borrower's financial position and contract performance abilityGuarantor;
1312. There is a large Large amount of unusual and abnormal capital inflow or and outflow of funds into or out of occur in the designated capital recovery withdrawal account and the Borrower cannot fails to provide any explanatory material acceptable to materials recognized by the Lender;
1413. The Borrower refuses to cooperate with the Lender to carry out due diligence, or the Borrower or its counterparty Lender finds that the Borrower's transaction is suspected of money laundering, terrorist financing, proliferation of nuclear weapons, violation of sanctions, or any other in violation of laws and regulations, or the Lender has reasonable grounds to suspect that the Borrower and or its related transaction/counterparty is suspected of money laundering, terrorism or terrorist financing, or that the Guarantor are listed in the United Nations’, China’ and other applicable sanctions listsborrower's transaction involves violation of relevant sanctions;
1514. The Borrower breaches any violates other provisions hereof concerning agreements on the rights and obligations of the Parties.parties in the Contract. In case of the events of default specified in the preceding paragraph, the Lender shall have the right to take the following measures respectively or simultaneously according to the specific circumstances:
1. Requiring Require the Borrower borrower and the Guarantor guarantor to correct their defaulting behavior breach of contract within a stipulated time.time limit;
2. ReducingReduce, suspending suspend, cancel or canceling or terminating terminate the credit limit granted line to the Borrower, Borrower in whole or in part.;
3. Suspending Suspend or terminatingterminate, in whole or in part, the acceptance of the Borrower's withdrawal and other requests hereunder, other contracts between the Borrower and the Lender, etc.; suspending, cancelling or terminating, in whole or in part, the issuance, payment and processing of the loans not yet issued or the trade financing not yet processed;
4. Announcing that the principal of the outstanding loan/trade financing amount and other payable amounts under this Contract and under other contracts between the Borrower and the Lender and the interest thereon become due immediately in whole or in part;
5. Adjusting the loan interest rate hereunder and collect penalty interest;
6. Adjusting the loan payment method, such as changing autonomous payment to entrusted payment, reducing the starting amount of entrusted payment, etc;
7. Reducing the risk classification of all credit assets business applications under this Contract and other contracts between the Borrower and the LenderLender;Suspend or cancel, terminate the issuance, payment and processing of loans and trade financing that have not yet been issued or processed in full or in part;
84. Terminating Declare that all or rescinding this part of the loan/trade financing principal and interest and other payables under the Contract and other contracts between the Borrower and the Lender are immediately due;
5. Terminate or cancel the Contract, and terminating terminate or rescinding cancel other contracts between the Borrower and the Lender in whole or in part;
6. Require the Borrower to compensate the Lender for the losses caused by the Borrower's breach of contract, including but not limited to the legal costs, attorney fees, notary fees, execution fees and other related expenses caused by the realization of creditor's rights;
7. Deduct and transfer the funds in the accounts opened by the Borrower in the Lender and other institutions of the Bank of China Limited to pay off all or part of the Borrower's debts to the Lender under the Contract. Undue amounts in the account are considered to be due in advance. If the account currency is different from the pricing currency of the Lender's business, it shall be converted according to the Lender's applicable exchange rate of foreign exchange at the time of deduction;
8. Exercise the real right for security;
9. Require the guarantor to undertake the guaranty liability;
10. Other measures deemed necessary and possible by the Lender.
Appears in 1 contract