Exercise of the Pledge Right. 8.1 During the Pledge Period herein, without the Pledgee’s written consent, the Pledgor shall not transfer its obligations under the Master Agreements and this Agreement and the shares held by it in Jiayin Finance. 8.2 The Pledgee shall serve a Notice of Default to the Pledgor when exercising its Pledge Right. 8.3 Subject to the provisions in Article 7.3 hereof, the Pledgee may exercise the Pledge Right at the time when the Notice of Default is given pursuant to Article 7.3 or at any time after such notice is given. When the Pledgee decides to exercise the Pledge Right, the Pledgor shall no longer have any rights and interests with respect to the shares. 8.4 The Pledgee shall be entitled to priority in receiving payment in the form of all or part of the shares hereunder based on the conversion value thereof, or any proceeds from the auction or sale of such shares in accordance with statutory procedures until all Obligations under the Master Agreements are performed. The Pledgee shall not be liable for any loss arising from its reasonable exercise of rights. 8.5 The Pledgor shall not hinder the Pledgee from exercising the Pledge Right in accordance with this Agreement and shall offer necessary assistance in this regard so that the Pledgee can fully exercise its Pledge Right. 8.6 If the Pledgor is in default, to the extent as permitted by law and pursuant to relevant laws, the Pledgee shall have the right to dispose of the Pledged Shares in accordance with statutory procedures and the Pledgee has no obligation to give the Pledgor any proceeds from such disposal; the Pledgor hereby waives any right which it may have to claim from the Pledgee any proceeds of the disposal of the Pledged Shares. Meanwhile, if the Pledgee could not be fully paid with respect to the service fee under the Master Agreements after such disposal of the Pledged Shares, the Pledgor will not assume any further obligation. 8.7 During the Pledge Period, if the Pledgor subscribes for the newly increased registered capital of Party C or receives the shares of Party C transferred from other pledgors (the “New Shares”), such New Shares shall be automatically become the Pledged Shares hereunder, and the Pledgor shall complete relevant formalities as required for the pledge created over such New Shares within ten (10) business days after the receipt of such New Shares. If the Pledgor fails to complete relevant formalities in accordance with the preceding provision, the Pledgee shall have the right to immediately exercise its Pledge Right in accordance with this Agreement.
Appears in 4 contracts
Samples: Equity Pledge Agreement (Jiayin Group Inc.), Equity Pledge Agreement (Jiayin Group Inc.), Equity Pledge Agreement (Jiayin Group Inc.)
Exercise of the Pledge Right. 8.1 During Without the Pledge Period herein, without written consent of the Pledgee’s written consent, the Pledgor Pledgors shall not transfer its obligations under the Master Agreements and this Agreement and the shares held by it their Equity Interest in Jiayin Finance.Party C.
8.2 The When the Pledgee shall serve exercises the Pledge Right, it may give a Notice of Default to the Pledgor when exercising its Pledge RightPledgors.
8.3 Subject to the provisions in of Article 7.3 hereof7.3, the Pledgee may exercise the right to enforce the Pledge Right at the time when the it gives a Notice of Default is given pursuant to Article 7.3 or at any time after such notice is givenit gives a Notice of Default in accordance with Article 7.2. When Once the Pledgee decides elects to exercise enforce the Pledge Right, the Pledgor Pledgors shall have no longer have any rights and or interests with respect to in the sharesEquity Interest.
8.4 The Pledgee shall be entitled to priority in receiving payment in In the form event of all or part of the shares hereunder based on the conversion value thereof, or any proceeds from the auction or sale of such shares in accordance with statutory procedures until all Obligations under the Master Agreements are performed. The Pledgee shall not be liable for any loss arising from its reasonable exercise of rights.
8.5 The Pledgor shall not hinder the Pledgee from exercising the Pledge Right in accordance with this Agreement and shall offer necessary assistance in this regard so that the Pledgee can fully exercise its Pledge Right.
8.6 If the Pledgor is in default, to the extent as permitted by law permitted, and pursuant to relevant in accordance with applicable laws, the Pledgee shall have the right to dispose of the Pledged Shares pledged Equity and exercise all of its remedies and rights for breach of contract in accordance with statutory procedures and law, including, without limitation, the right to be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity. After all proceeds received by the Pledgee has no obligation to give the Pledgor any proceeds from such disposal; the Pledgor hereby waives any right which it may have to claim from the Pledgee any proceeds exercise of the disposal of Pledge Right are used to satisfy the Pledged SharesSecured Indebtedness, any remaining amount shall be paid to the Pledgors or the persons entitled to it (without any interest accrued thereon). Meanwhile, if the The Pledgee could shall not be fully paid with respect to the service fee under the Master Agreements after such disposal liable for any loss caused by its reasonable exercise of the Pledged Shares, the Pledgor will not assume any further obligation.
8.7 During the Pledge Period, if the Pledgor subscribes its remedies and rights for the newly increased registered capital breach of Party C or receives the shares of Party C transferred from other pledgors (the “New Shares”), such New Shares shall be automatically become the Pledged Shares hereunder, and the Pledgor shall complete relevant formalities as required for the pledge created over such New Shares within ten (10) business days after the receipt of such New Sharescontract. If the Pledgor fails to complete relevant formalities in accordance with the preceding provision, the The Pledgee shall have the right, at its option, to exercise any of its remedies for breach of contract simultaneously or successively. The Pledgee shall not be required to exercise other remedies for breach of contract before its exercise of the right to immediately exercise its be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity hereunder.
8.5 When the Pledgee disposes of the Pledge Right in accordance with this Agreement, the Pledgors and Party C shall provide necessary assistance so that the Pledgee can enforce the Pledge Right in accordance with this Agreement.
8.6 All out-of-pocket expenses, taxes and all legal costs relating to the creation of the Equity pledge and the realization of the Pledgee’s rights hereunder shall be borne by the Pledgors, except for those borne by the Pledgee in accordance with laws. The Pledgee shall have the right to fully deduct reasonable costs incurred by it in connection with its exercise of any or all of its foregoing rights and powers from the proceeds obtained as a result of its exercise of such rights and powers.
8.7 The Parties acknowledge that the Investor Shareholders shall be liable only for their own breach of contract and shall bear no joint and several liability for breach by any other Party hereto.
Appears in 2 contracts
Samples: Exclusive Call Option Agreement (Qudian Inc.), Exclusive Call Option Agreement (Qudian Inc.)
Exercise of the Pledge Right. 8.1 During Without the Pledge Period herein, without written consent of the Pledgee’s written consent, the Pledgor Pledgors shall not transfer its obligations under the Master Agreements and this Agreement and the shares held by it their Equity Interest in Jiayin Finance.Party C. Equity Interest Pledge Agreement
8.2 The When the Pledgee shall serve exercises the Pledge Right, it may give a Notice of Default to the Pledgor when exercising its Pledge RightPledgors.
8.3 Subject to the provisions in of Article 7.3 hereof7.3, the Pledgee may exercise the right to enforce the Pledge Right at the time when the it gives a Notice of Default is given pursuant to Article 7.3 or at any time after such notice is givenit gives a Notice of Default in accordance with Article 7.2. When Once the Pledgee decides elects to exercise enforce the Pledge Right, the Pledgor Pledgors shall have no longer have any rights and or interests with respect to in the sharesEquity Interest.
8.4 The Pledgee shall be entitled to priority in receiving payment in In the form event of all or part of the shares hereunder based on the conversion value thereof, or any proceeds from the auction or sale of such shares in accordance with statutory procedures until all Obligations under the Master Agreements are performed. The Pledgee shall not be liable for any loss arising from its reasonable exercise of rights.
8.5 The Pledgor shall not hinder the Pledgee from exercising the Pledge Right in accordance with this Agreement and shall offer necessary assistance in this regard so that the Pledgee can fully exercise its Pledge Right.
8.6 If the Pledgor is in default, to the extent as permitted by law permitted, and pursuant to relevant in accordance with applicable laws, the Pledgee shall have the right to dispose of the Pledged Shares pledged Equity and exercise all of its remedies and rights for breach of contract in accordance with statutory procedures and law, including, without limitation, the right to be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity. After all proceeds received by the Pledgee has no obligation to give the Pledgor any proceeds from such disposal; the Pledgor hereby waives any right which it may have to claim from the Pledgee any proceeds exercise of the disposal of Pledge Right are used to satisfy the Pledged SharesSecured Indebtedness, any remaining amount shall be paid to the Pledgors or the persons entitled to it (without any interest accrued thereon). Meanwhile, if the The Pledgee could shall not be fully paid with respect to the service fee under the Master Agreements after such disposal liable for any loss caused by its reasonable exercise of the Pledged Shares, the Pledgor will not assume any further obligation.
8.7 During the Pledge Period, if the Pledgor subscribes its remedies and rights for the newly increased registered capital breach of Party C or receives the shares of Party C transferred from other pledgors (the “New Shares”), such New Shares shall be automatically become the Pledged Shares hereunder, and the Pledgor shall complete relevant formalities as required for the pledge created over such New Shares within ten (10) business days after the receipt of such New Sharescontract. If the Pledgor fails to complete relevant formalities in accordance with the preceding provision, the The Pledgee shall have the right, at its option, to exercise any of its remedies for breach of contract simultaneously or successively. The Pledgee shall not be required to exercise other remedies for breach of contract before its exercise of the right to immediately exercise its be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity hereunder.
8.5 When the Pledgee disposes of the Pledge Right in accordance with this Agreement, the Pledgors and Party C shall provide necessary assistance so that the Pledgee can enforce the Pledge Right in accordance with this Agreement.
8.6 All out-of-pocket expenses, taxes and all legal costs relating to the creation of the Equity pledge and the realization of the Pledgee’s rights hereunder shall be borne by the Pledgors, except for those borne by the Pledgee in accordance with laws. The Pledgee shall have the right to fully deduct reasonable costs incurred by it in connection with its exercise of any or all of its foregoing rights and powers from the proceeds obtained as a result of its exercise of such rights and powers.
8.7 The Parties acknowledge that the Investor Shareholders shall be liable only for their own breach of contract and shall bear no joint and several liability for breach by any other Party hereto.
Appears in 1 contract
Samples: Equity Interest Pledge Agreement
Exercise of the Pledge Right. 8.1 During Without the Pledge Period herein, without written consent of the Pledgee’s written consent, the Pledgor Xxxxxxx shall not transfer its obligations under the Master Agreements and this Agreement and the shares held by it his Equity Interest in Jiayin Finance.Party C.
8.2 The When the Pledgee shall serve exercises the Pledge Right, it may give a Notice of Default to the Pledgor when exercising its Xxxxxxx. Equity Interest Pledge Right.Agreement
8.3 Subject to the provisions in of Article 7.3 hereof7.3, the Pledgee may exercise the right to enforce the Pledge Right at the time when the it gives a Notice of Default is given pursuant to Article 7.3 or at any time after such notice is givenit gives a Notice of Default in accordance with Article 7.2. When Once the Pledgee decides elects to exercise enforce the Pledge Right, the Pledgor Xxxxxxx shall have no longer have any rights and or interests with respect to in the sharesEquity Interest.
8.4 The Pledgee shall be entitled to priority in receiving payment in In the form event of all or part of the shares hereunder based on the conversion value thereof, or any proceeds from the auction or sale of such shares in accordance with statutory procedures until all Obligations under the Master Agreements are performed. The Pledgee shall not be liable for any loss arising from its reasonable exercise of rights.
8.5 The Pledgor shall not hinder the Pledgee from exercising the Pledge Right in accordance with this Agreement and shall offer necessary assistance in this regard so that the Pledgee can fully exercise its Pledge Right.
8.6 If the Pledgor is in default, to the extent as permitted by law permitted, and pursuant to relevant in accordance with applicable laws, the Pledgee shall have the right to dispose of the Pledged Shares pledged Equity and exercise all of its remedies and rights for breach of contract in accordance with statutory procedures and law, including, without limitation, the right to be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity. After all proceeds received by the Pledgee has no obligation to give the Pledgor any proceeds from such disposal; the Pledgor hereby waives any right which it may have to claim from the Pledgee any proceeds exercise of the disposal of Pledge Right are used to satisfy the Pledged SharesSecured Indebtedness, any remaining amount shall be paid to the Xxxxxxx or the persons entitled to it (without any interest accrued thereon). Meanwhile, if the The Pledgee could shall not be fully paid with respect to the service fee under the Master Agreements after such disposal liable for any loss caused by its reasonable exercise of the Pledged Shares, the Pledgor will not assume any further obligation.
8.7 During the Pledge Period, if the Pledgor subscribes its remedies and rights for the newly increased registered capital breach of Party C or receives the shares of Party C transferred from other pledgors (the “New Shares”), such New Shares shall be automatically become the Pledged Shares hereunder, and the Pledgor shall complete relevant formalities as required for the pledge created over such New Shares within ten (10) business days after the receipt of such New Sharescontract. If the Pledgor fails to complete relevant formalities in accordance with the preceding provision, the The Pledgee shall have the right, at its option, to exercise any of its remedies for breach of contract simultaneously or successively. The Pledgee shall not be required to exercise other remedies for breach of contract before its exercise of the right to immediately exercise its be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity hereunder.
8.5 When the Pledgee disposes of the Pledge Right in accordance with this Agreement, the Xxxxxxx and Party C shall provide necessary assistance so that the Pledgee can enforce the Pledge Right in accordance with this Agreement.
8.6 All out-of-pocket expenses, taxes and all legal costs relating to the creation of the Equity pledge and the realization of the Pledgee’s rights hereunder shall be borne by the Xxxxxxx, except for those borne by the Pledgee in accordance with laws. The Pledgee shall have the right to fully deduct reasonable costs incurred by it in connection with its exercise of any or all of its foregoing rights and powers from the proceeds obtained as a result of its exercise of such rights and powers.
8.7 The Parties acknowledge that the Investor Shareholders shall be liable only for their own breach of contract and shall bear no joint and several liability for breach by any other Party hereto.
Appears in 1 contract
Samples: Exclusive Call Option Agreement
Exercise of the Pledge Right. 8.1 During Without the Pledge Period herein, without written consent of the Pledgee’s written consent, the Pledgor Xxxxxxx shall not transfer its obligations under the Master Agreements and this Agreement and the shares held by it his Equity Interest in Jiayin Finance.Party C.
8.2 The When the Pledgee shall serve exercises the Pledge Right, it may give a Notice of Default to the Pledgor when exercising its Pledge RightXxxxxxx.
8.3 Subject to the provisions in of Article 7.3 hereof7.3, the Pledgee may exercise the right to enforce the Pledge Right at the time when the it gives a Notice of Default is given pursuant to Article 7.3 or at any time after such notice is givenit gives a Notice of Default in accordance with Article 7.2. When Once the Pledgee decides elects to exercise enforce the Pledge Right, the Pledgor Xxxxxxx shall have no longer have any rights and or interests with respect to in the shares.Equity Interest. Equity Interest Pledge Agreement
8.4 The Pledgee shall be entitled to priority in receiving payment in In the form event of all or part of the shares hereunder based on the conversion value thereof, or any proceeds from the auction or sale of such shares in accordance with statutory procedures until all Obligations under the Master Agreements are performed. The Pledgee shall not be liable for any loss arising from its reasonable exercise of rights.
8.5 The Pledgor shall not hinder the Pledgee from exercising the Pledge Right in accordance with this Agreement and shall offer necessary assistance in this regard so that the Pledgee can fully exercise its Pledge Right.
8.6 If the Pledgor is in default, to the extent as permitted by law permitted, and pursuant to relevant in accordance with applicable laws, the Pledgee shall have the right to dispose of the Pledged Shares pledged Equity and exercise all of its remedies and rights for breach of contract in accordance with statutory procedures and law, including, without limitation, the right to be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity. After all proceeds received by the Pledgee has no obligation to give the Pledgor any proceeds from such disposal; the Pledgor hereby waives any right which it may have to claim from the Pledgee any proceeds exercise of the disposal of Pledge Right are used to satisfy the Pledged SharesSecured Indebtedness, any remaining amount shall be paid to the Xxxxxxx or the persons entitled to it (without any interest accrued thereon). Meanwhile, if the The Pledgee could shall not be fully paid with respect to the service fee under the Master Agreements after such disposal liable for any loss caused by its reasonable exercise of the Pledged Shares, the Pledgor will not assume any further obligation.
8.7 During the Pledge Period, if the Pledgor subscribes its remedies and rights for the newly increased registered capital breach of Party C or receives the shares of Party C transferred from other pledgors (the “New Shares”), such New Shares shall be automatically become the Pledged Shares hereunder, and the Pledgor shall complete relevant formalities as required for the pledge created over such New Shares within ten (10) business days after the receipt of such New Sharescontract. If the Pledgor fails to complete relevant formalities in accordance with the preceding provision, the The Pledgee shall have the right, at its option, to exercise any of its remedies for breach of contract simultaneously or successively. The Pledgee shall not be required to exercise other remedies for breach of contract before its exercise of the right to immediately exercise its be repaid in priority out of the proceeds from the conversion, auction or sale of the pledged Equity hereunder.
8.5 When the Pledgee disposes of the Pledge Right in accordance with this Agreement, the Xxxxxxx and Party C shall provide necessary assistance so that the Pledgee can enforce the Pledge Right in accordance with this Agreement.
8.6 All out-of-pocket expenses, taxes and all legal costs relating to the creation of the Equity pledge and the realization of the Pledgee’s rights hereunder shall be borne by the Xxxxxxx, except for those borne by the Pledgee in accordance with laws. The Pledgee shall have the right to fully deduct reasonable costs incurred by it in connection with its exercise of any or all of its foregoing rights and powers from the proceeds obtained as a result of its exercise of such rights and powers.
8.7 The Parties acknowledge that the Investor Shareholders shall be liable only for their own breach of contract and shall bear no joint and several liability for breach by any other Party hereto.
Appears in 1 contract
Samples: Equity Interest Pledge Agreement