Common use of Obligations of Party A Clause in Contracts

Obligations of Party A. (I) Party A shall draw the borrowing and pay the principals and interest accruals thereon in full subject to this Contract, as well as bear all applicable fees hereunder. (II) Party A shall provide all information concerning its finance and accounting, production and operation at the request of Party B, including but not limited to providing Party B with its balance sheets, profit and loss statements (income and expenditure statements in the event of a public institution) as at the end of the immediately preceding quarter within the first twenty working days in the beginning of the first month of each quarter, as well as providing its cash flow statements of the year at the end of such year in a timely manner. Furthermore, Party A shall ensure that all the information provided by it is lawful, true, complete, accurate and valid, free of false information, or without concealing material operating and financial matters. (III) If Party A changes or replaces its name, legal representative (responsible officer), registered address, scope of business, registered capitals or articles of association by completing any such change and/or replacement in the registration with the Administration for Industry and Commerce, it shall send a written notice to Party B together with the information concerning such change or replacement within five working days upon occurrence of any such change or replacement. (IV) Party A shall use the borrowing according to this Contract other than engaging in any transactions in violation of laws and rules by embezzling, misusing or misappropriating the borrowing; meanwhile, it shall coordinate and accept the inspection and monitoring by Party B over its production, operation, financial activities and use of borrowing hereunder. And it shall not avoid its obligations owed to Party B by taking out capitals, transferring assets or taking advantage of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts with its related parties, or receivable notes and receivables lack of actual transactions. (V) Party A shall comply with applicable environment protection regulations of the PRC if it conducts manufacture and engineering construction by using the borrowing hereunder. (VI) Before paying the principals and interest accruals thereon to Party B, Party A shall not create a guarantee in favor of a third party on the assets created by using the borrowing hereunder without prior consents of Party B. (VII) If Party A is a group company, it shall report to Party B its related transactions accounting for more than 10% of its net assets in a timely manner, including (i) related relationships among trading parties; (ii) trading projects and nature; (iii) trading amount or corresponding proportions; (iv) pricing policies (including transactions lack of consideration or nominal transactions). (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals of relevant government authorities and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject to the specified deadline and proportions, and (iii) the project will be completed according to the schedule.

Appears in 4 contracts

Samples: Working Capital Borrowing Contract, Working Capital Borrowing Contract (Sooner Holdings Inc /Ok/), RMB Borrowing Contract (Sooner Holdings Inc /Ok/)

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Obligations of Party A. (I1) Party A shall draw the borrowing and pay loan as provided herein, repay the principals principal and interest accruals thereon in full subject and bear various expenses provided herein; (2) Party A shall, as required by Party B, provide to this Contract, Party B relevant financial and accounting information as well as bear all applicable fees hereunder. (II) Party A shall provide all information concerning its finance and accounting, production about manufacturing and operation at the request of Party Bconditions, including but not limited to providing Party B with its balance sheets, profit sheet and loss statements income statement (income statement of revenues and expenditure statements expenditures in the event case of a public institution) as at of the end of the immediately preceding previous quarter within the first twenty working ten business days in the beginning of the first month of each quarter, as well as providing its provide statement of cash flow statements of the relevant year at the year end of such year in a timely manner. Furthermore, Party A and shall ensure that all the be responsible for authenticity, entirety and validity of information provided by it is lawful, true, complete, accurate Party A and valid, free of shall not provide false information, materials or without concealing conceal material operating operational and financial matters.information from Party B; (III3) If In the event that Party A changes or replaces its registration information such as name, legal representative (responsible officerprincipal), registered addressdomicile, scope business of businessscope, registered capitals capital or articles of association by completing any such change and/or replacement in the registration with the Administration for Industry and Commerceetc., it shall send a give written notice with updated information attached to Party B together with the information concerning such change or replacement within five working business days upon occurrence of any following such change or replacement.change; (IV4) Party A shall use the borrowing according to this Contract other than engaging loan for purposes provided herein and shall not appropriate or use the loan for illegal purposes or transactions not in any transactions in violation of laws compliance with regulations; Party A shall cooperate with and rules by embezzling, misusing or misappropriating the borrowing; meanwhile, it shall coordinate and accept the allow Party B’s inspection and monitoring by Party B over supervision of its productionmanufacturing, operation, operation and financial activities and as well as the use of borrowing the loan hereunder. And it ; Party A shall not avoid its obligations owed move funds, transfer assets or otherwise enter into related party transactions for the purposes of avoidance of liability to Party B by taking out capitals, transferring assets or taking advantage of related transactions, B; nor make banking discount or create charges for getting capitals shall it obtain bank loans or credits from a bank by taking advantage of false using phantom contracts with its related parties, parties or receivable notes and by pledging or cashing-out unsubstantiated trade receivables lack of actual transactions.or account receivables; (V5) Party A shall comply with applicable environment relevant national provisions with respect to environmental protection regulations of in the PRC if event that it conducts manufacture uses the loan hereunder for production, manufacturing and engineering construction by using the borrowing hereunder.project construction; (VI6) Before paying Party A, without the principals and interest accruals thereon to consent of Party B, Party A shall not create a guarantee in favor provide security for loans of a third party on with assets derived from the assets created by using loan hereunder before repayment of the borrowing hereunder without prior consents of Party B.principal and interest in full; (VII7) If In the event that Party A is a group companycustomer, it shall report to Party B its related the information with respect to related-party transactions accounting for more than 10% of its net assets in a timely manner, including which includes (ia) related relationships among trading parties; affiliated relationship between parties to the transaction, (iib) trading projects items and nature; nature of the transaction, (iiic) trading amount or corresponding proportions; proportion of the transaction and (ivd) pricing policies policy (including transactions lack of without consideration or with nominal transactionsconsideration).; (VIII) If 8) In the event that the loan to be granted hereunder is issued as the fixed-fixed asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals the approval of relevant government authorities and will governmental authorities, does not violate any laws or rules, and regulations, (ii) capitals the capital fund or other raisings will funds to be contributed raised for which shall be fully raised at the time and in full subject to the specified deadline and proportions, and (iii) proportion as specified; Party A shall ensure that the project will be is completed according to the scheduleas planned.

Appears in 1 contract

Samples: Loan Contract (Daqo New Energy Corp.)

Obligations of Party A. (I) Party A shall draw 8.2.1 Withdraw the borrowing loan capital and pay off the principals full principal and interest accruals thereon interest, and bear the expenses in full subject to accordance with this Contract, as well as bear all applicable fees hereunder.Agreement; (II) Party A shall provide all information concerning its finance 8.2.2 Provide financial and accountingaccounting information, production and operation at the request of Party Binformation, including but not limited to providing Party B with its balance sheetssheet, profit and loss statements statement (income and expenditure statements in the event of a public statement for institution) as at the end of last quarter before the 10th working days of the first month each quarter, and providing statement of cash flows at the end of the immediately preceding quarter within the first twenty working days in the beginning of the first month of each quarter, as well as providing its cash flow statements of the year at the end of such year in a timely manner. Furthermoretime, Party A shall and ensure that all the information provided by it is lawfullegal, true, complete, accurate accurate, effective, does not provide false materials or conceal important facts on business and valid, free finance; 8.2.3 Notify Party B of false informationsignificant adverse events affecting its solvency or other circumstances endangering creditor's rights of Party B, or without concealing material operating industry and financial matters. (III) If Party A commerce registration changes or replaces its to the name, legal representative (responsible officerperson in-charge), registered address, scope of businessbusiness scope, registered capitals capital or articles of association by completing any such change and/or replacement in of the registration with company (enterprise), and attach the Administration for Industry and Commerce, it shall send a written notice to Party B together with the relevant information concerning such change or replacement within five working days upon occurrence of any such change or replacement.after change; (IV) 8.2.4 Party A shall use the borrowing loan according to this Contract other than engaging the agreed purposes, and shall not occupy, misappropriate the loan capital to engage in any transactions in violation illegal trading, and shall not use the loan for fixed assets and equity investment and the production and operating fields and purposes prohibited by the state, shall not replace the liabilities arising from fixed assets and equity investment; Party A shall cooperate with Party B to inspect and monitor its production and operation, financial activities, use and payment status of laws and rules by embezzlingthe loan, misusing or misappropriating the borrowing; meanwhile, it shall coordinate and accept post-loan management requirements of Party B: Party A shall not secretly withdraw funds, transfer assets or use related-party transaction to evade repayment of debts; shall not use false contract with related parties and notes receivable and accounts receivable without actual trading background to seek to discount or pledge and obtain bank financing or credit; Party A shall pay the inspection loan capital in accordance with this Agreement and monitoring shall not evade the method of entrusted payment by Party B over its production, operation, financial activities and use of borrowing hereunder. And it shall not avoid its obligations owed to Party B by taking out capitals, transferring assets breaking up the whole into parts or taking advantage of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts with its related parties, or receivable notes and receivables lack of actual transactions.other means; (V) 8.2.5 Party A shall comply with applicable environment the relevant state regulations on environmental protection regulations in case of the PRC if it conducts manufacture and engineering construction by using the borrowing hereunder.loan under this Agreement for manufacturing; (VI) Before paying the principals and interest accruals thereon to Party B, 8.2.6 Party A shall not create provide a guarantee in favor of security to a third party on by use of the assets created by using formed through the borrowing hereunder loan under this Agreement without prior consents the consent of Party B.B before paying off the principal and interest of loan; (VII) If 8.2.7 Party A shall promptly report to Party B the related transactions exceeding 10% of the net assets if Party A is a group companycustomer, it shall report to Party B its including: (1) the relationship among the related transactions accounting for more than 10% of its net assets in a timely manner, including (i) related relationships among trading parties; (ii2) trading projects transaction project and nature; (iii3) trading amount and corresponding proportion of transaction; (4) pricing policy (including transaction without an amount or corresponding proportions; (iv) pricing policies (including transactions lack with a token amount); 8.2.8 Party A shall obtain prior written consent of consideration or nominal transactions).Party B for any merger, division, equity transfer, foreign investment, substantial increase of debt financing and other important matters. However, such consent shall not affect Party B’s right to take remedy measures agreed in the Agreement in future once Party B considers the aforesaid actions may endanger the safety of creditor's rights; (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan8.2.9 In case of direct payment by Party A, Party A shall ensure that (i) submit a summary report on the proposed project has been obtained with approvals use and payment of relevant government authorities loan for the last month within the early 10 business days of each month and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject the actual payment list to Party B until the specified deadline and proportions, and (iii) loan is paid off. See Annex 4 for the project will be completed according to the scheduleformat of Summary Report.

Appears in 1 contract

Samples: Renminbi Working Capital Loan Agreement (Sky Digital Stores Corp.)

Obligations of Party A. (IA) Party A shall draw To withdraw in accordance with the borrowing and pay the principals provisions hereof, make full repayment of loan principal and interest accruals thereon and bear various expenses as stipulated in full subject to this Contract, as well as bear all applicable fees hereunder.; (IIB) Party A shall To provide all relevant financial and accounting information concerning its finance and accounting, production and operation at the request of information as required by Party B, including but not limited to providing Party B with its balance sheets, profit and loss statements (income and expenditure statements in the event sheet as of a public institution) as at the end of the immediately preceding prior quarter to Party B within the first twenty 15 working days in the beginning of the first month of each quarter, quarter and income statement as of the end of the prior quarter (income and expenditure statement for institutions) as well as providing its cash flow statements of statement for the current year provided at the end of such year in a timely manner. Furthermoreyear; take responsibility for the authenticity, Party A shall ensure that all completeness and validity of the information provided by it is lawfulprovided, true, complete, accurate and valid, free of not to provide false information, information or without concealing material operating and conceal important business financial matters.facts; (IIIC) If To notify Party A changes or replaces its B within 15 working days in writing in case of any change to name, legal representative (responsible officerperson in charge), registered addressdomicile, scope of business, registered capitals capital or articles of association by completing any of the Company (enterprise) and other business registration matters of Party A, and attach with relevant information after such change and/or replacement a change; (D) To use the loan in the registration accordance with the Administration for Industry and Commercestipulated purpose, it shall send a written notice not to Party B together with the information concerning such change occupy, misappropriate or replacement within five working days upon occurrence of any such change or replacement. (IV) Party A shall use the borrowing according loan to this Contract other than engaging engage in any transactions in violation of laws and rules by embezzling, misusing or misappropriating the borrowing; meanwhile, it shall coordinate illegal transactions. cooperate with and accept the Party B's inspection and monitoring by Party B supervision over its production, production and operation, financial activities and borrowing use hereunder; not to secretly withdraw funds, transfer assets or make use of borrowing hereunder. And it shall related transactions to avoid the debts to Party B; not avoid its obligations owed to use any false contract with related parties, notes receivable, amounts receivable and other claims without an actual transaction background to discount or pledge in the bank so as to take bank funds or credit; and to pay borrowed funds in the way agreed upon. (E) To abide by relevant provisions of the State on environmental protection if using the loan hereunder to carry out the manufacturing or engineering construction that conforms to the purpose as stipulated in this Contract; (F) Not to provide security to any third party with the assets formed through the loan hereunder before paying off the loan principal and interest to Party B by taking out capitals, transferring assets or taking advantage and without the consent of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts with its related parties, or receivable notes and receivables lack of actual transactions.Party B; (VG) Party A shall comply with applicable environment protection regulations To timely report the situations of the PRC if it conducts manufacture and engineering construction by using the borrowing hereunder. (VI) Before paying the principals and interest accruals thereon to Party B, Party A shall not create a guarantee in favor of a third party on the assets created by using the borrowing hereunder without prior consents of Party B. (VII) If Party A is a group company, it shall report to Party B its related transactions accounting for more than over 10% of its own net assets in to Party B if serving as a timely mannergroup customer, including including: (iA) related relationships among trading partiesthe relationship between the parties to the transaction; (iiD) trading projects the item and naturethe nature of the transaction; (iiiC) trading the amount or the corresponding proportionsproportion of the transaction; and (ivD) pricing policies policy (including transactions lack of consideration without an amount or nominal transactionswith a symbolic value).; and (VIIIH) If To promptly notify Party B in writing and implement the loan hereunder claims protection measures approved by Party B if there is issued as any material adverse circumstance that may affect the fixed-asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals of relevant government authorities and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject to the specified deadline and proportions, and (iii) the project will be completed according to the scheduleborrowing safety.

Appears in 1 contract

Samples: Loan Agreement (Altair Nanotechnologies Inc)

Obligations of Party A. (I9.2.1) Party A shall draw Make the borrowing money in accordance with the contract and fully pay off the principals principal and interest accruals thereon of the loan, and bear the principal All expenses agreed upon in full subject to this Contract, as well as bear all applicable fees hereunder.the contract; (II9.2.2) Party A shall To provide all information concerning its finance relevant financial and accounting, accounting materials and production and operation at the request of Party B, including but not limited to providing documents as required by Party B with Information, data and other information; (9.2.3) Party a have major adverse matters affect its balance sheets, profit and loss statements (income and expenditure statements in the event of a public institution) as at the end of the immediately preceding quarter within the first twenty working days in the beginning of the first month of each quarter, as well as providing its cash flow statements of the year at the end of such year in a timely manner. Furthermore, Party A shall ensure that all the information provided by it is lawful, true, complete, accurate and valid, free of false informationsolvency or other endanger party b’s creditor’s rights, or without concealing material operating and financial matters. (III) If Party A changes or replaces its name, legal representative (responsible officerhead), registered addressresidence, scope of businessbusiness scope, registered capitals capital or the company of the articles of association by completing any such change and/or replacement in (enterprise) the industrial and commercial registration with items change, shall be within 3 working days after the Administration for Industry and Commerce, it shall send a written notice to Party B together with party b, and after the information concerning such change or replacement within five working days upon occurrence of any such change or replacement.Close the material; (IV9.2.4) Party A shall use the borrowing according loan for the purposes agreed herein, Shall not occupy, misappropriate or use bank loans to this Contract engage in illegal or illegal transactions, Do not use the loans for fixed assets, equity and other than engaging in any transactions in violation investments, The loan shall not be used for securities investment or equity investment; Loans shall not be used for futures trading; May not be used for the areas or purposes of laws production or business operation prohibited by the State, Do not replace the liabilities arising from Party A’s fixed assets, equity and rules by embezzling, misusing or misappropriating the borrowingother investments; meanwhile, it Party B shall coordinate cooperate with and accept the inspection and monitoring by Party B over supervision of its production, operationoperation and financial activities, financial activities as well as the use and payment of loans under this Contract, Party B shall cooperate with and accept the relevant requirements of the post-loan management; Do not withdraw funds, transfer assets or use of borrowing hereunder. And it shall not related party transactions, To avoid its obligations the debts owed to Party B by taking out capitals, transferring assets or taking advantage of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking B; Do not take advantage of false contracts with its related parties, Discount or pledge the notes receivable notes and receivables lack of accounts receivable such as the bank without actual transactions. (V) trade background, Taking over bank funds or granting credit; Party A shall pay the loan funds as agreed herein, mustn’t To avoid the entrusted payment of Party B by breaking it up into parts; (9.2.5) If Party A uses the loan under this contract for manufacturing, it shall comply with applicable environment protection it To abide by the relevant state regulations of the PRC if it conducts manufacture and engineering construction by using the borrowing hereunder.on environmental protection; (VI9.2.6) Before paying off the principals principal and interest accruals thereon of the loan to Party B, Party A it shall not create a guarantee in favor be used without the consent of Party B The assets formed by the loan under this contract are guaranteed to a third party on the assets created by using the borrowing hereunder without prior consents of Party B.party; (VII9.2.7) If Party A is a group companycustomer, it shall timely report to Party B its the related transactions accounting for of more than 10% of its party A’s net assets in a timely mannerassets, including including: (i1) the related relationships among trading partiesrelationship of the parties to the transaction; (ii2) trading projects the transaction items and naturenature of the transaction; (iii3) trading the amount or corresponding proportionsproportion of the transaction; (iv4) pricing policies the determination Price policy (including transactions lack with no amount or only symbolic amount); (9.2.8) Party A shall obtain the written consent of consideration or nominal transactions)Party B before undertaking any major matters such as merger, division, equity transfer, foreign investment and substantial increase in debt financing. However, party B’s written consent shall not affect party B’s opinion that the above actions may endanger party B’s claims in the future The right to take the relief measures agreed herein; (9.2.9) Party A shall summarize and report the use and payment of the loan to Party B on schedule. (VIII9.2.10) If The debts hereunder are the joint and several debts of the co-borrower and the borrowing enterprise. Once Party B makes the loan hereunder is issued as in accordance with the fixed-asset loan or project loanprovisions herein, Party A shall ensure that (i) B may claim all the proposed project has been obtained with approvals of relevant government authorities and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject creditor’s rights to the specified deadline and proportionsborrowing enterprise or either party of the co-borrower. Neither the borrowing enterprise or the joint borrower shall refuse to perform the repayment obligation to Party B with any internal agreement on the debt undertaking or any other objection. The borrowing enterprise shall not refuse to perform the repayment obligation on the grounds that the loan is used or misappropriated by the co-borrower, and (iii) the project will co-borrower shall not be completed according used with the loan by the borrowing enterprise Or misappropriate to the schedulerefuse to fulfill repayment obligation.

Appears in 1 contract

Samples: Small and Micro Fast Loan Contract (Haoxi Health Technology LTD)

Obligations of Party A. (I1) Party A shall draw withdraw the borrowing loan and pay repay the principals entire principal and interest accruals thereon in full subject to this Contract, as well as bear all applicable any fees hereunder.agreed under this Contract; (II2) Party A shall provide all information concerning its finance and accountingrelevant financial statements, production accounting and operation at the request of materials, etc. requested by Party B, including but not limited to providing Party B with its the balance sheets, profit and loss statements (income and expenditure statements in the event sheet as of a public institution) as at the end of the immediately preceding previous quarter, the profit and loss statement (or the revenue and expenditure statement, in case of a public sector institution) as of the end of the previous quarter within the first twenty working three business days in the beginning of the first month of each quarter, as well as providing its and the cash flow statements statement of the current year at the end of such year end; in a timely manner. Furthermoreaddition, Party A shall ensure that all the information provided by it is lawfullegal, truetruthful, complete, accurate complete and valid, free with no false materials or concealment of false informationany significant financial or operational issues; (3) In case of any major adverse event that has an impact on Party A’s solvency or other events that cause damage to Party B’ creditor’s rights, or without concealing material operating and financial matters. (III) If Party A in case of any changes or replaces its to the name, legal representative (responsible principal officer), registered address, scope of businessbusiness scope, registered capitals capital or the articles of association by completing any such change and/or replacement in the registration with the Administration for Industry and Commerceassociations, it Party A shall send a written notice and the related material after such change to Party B together with within 3 business days following the information concerning such change or replacement within five working days upon occurrence of any such change event or replacement.change; (IV4) Party A shall use the borrowing according to loan in accordance with this Contract other than engaging in any transactions in violation of laws and rules by embezzling, misusing without diverting or misappropriating the borrowingloan or using the loan for illegal or non-compliant trades; meanwhile, it and shall coordinate cooperate with and accept the inspection and monitoring by supervision from Party B over on its productionbusiness, operationfinance, financial activities and the use of borrowing hereunderloan under this Contract. And it In addition, Party A shall not avoid its obligations evade the debt owed to Party B by taking out capitals, surreptitiously withdrawing the capital or transferring the assets or taking advantage of through related transactions, nor make banking utilize any false contract entered into with an affiliate to obtain capital or credit through discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts pledge with its related partiesthe notes receivable, or accounts receivable notes and receivables lack of other financial claim without actual transactions.trades; (V5) If Party A uses the loan under this Contract for the purpose of production and construction, it shall comply with the state environmental regulations; (6) Party A shall comply not provide guarantee with applicable environment protection regulations the assets generated from the loan under this Contract to any third parties without the prior consent of Party B before repaying the PRC if it conducts manufacture entire amount of principal and engineering construction by using the borrowing hereunder.interest; (VI7) Before paying the principals and interest accruals thereon to Party B, Party A shall not create a guarantee in favor of a third party on the assets created by using the borrowing hereunder without prior consents of Party B. (VII) If Party A is a group company, it shall promptly report to Party B its the related transactions accounting for with value equal to more than 10% of its the net assets in of Party A if it is a timely mannergroup client, including including: (ia) related relationships the relationship among trading the transaction parties; (iib) trading projects items and naturenature of transactions; (iiic) trading amount or corresponding proportionsproportion of the transactions; (ivd) pricing policies polices (including transactions lack of consideration with no amount or only nominal transactionsamount).; (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan, 8) Party A shall ensure that (i) the approval of the proposed Project by relevant authority and no illegal practice, as well as obtain sufficient capital or other funds to be raised at the prescribed proportion, within the stipulated time period and in full amount, and obtain sufficient project has been obtained capital in proportion to the loan which shall be used together with approvals the loan, as well as complete the Project as planned; (9) Party A shall obtain written consent from Party B before Party A undertakes merger, division, equity transfer, outbound investment and substantial increase in debt financing, etc. However, such written consent of relevant government authorities Party B shall not affect Party B’s right to resort to any remedies hereunder if Party B finds that the said actions may damage its creditor’s rights; (10) Party A shall regularly summarize and will not violate any laws and regulationsreport the payment of loan to Party B on a quarterly basis [alternatively, (ii1) capitals or other raisings will be contributed monthly, (2) quarterly]. Party A shall report the payment of loan in full subject to the specified deadline previous quarter [alternatively , (1) month, (2) quarter] within the first three business days of each quarter [alternatively, (1) month, (2) quarter]. (11) Party A shall assist and proportionscooperation Party B with the inspection and supervision of the business, financial activities and construction and operation of the Project, and (iii) request the project will be completed according sponsor of the Project to cooperate with such inspection and supervision by Party B. Article 9 Rights and Obligations of Party B I. Party B is entitled to request Party A to repay the schedule.principal, interest and expenses of the loan on time, to manage and control the payment of the loan, to dynamically monitor the income cash flow of the Project and the entire cash flow of Party A, to exercise other rights agreed hereunder, and to request Party A to perform any other obligations under this Contract;

Appears in 1 contract

Samples: Fixed Assets Loan Contract (Vimicro International CORP)

Obligations of Party A. (I) 8.2.1 Party A shall draw the borrowing is obliged to present, as required by Party B, related financial and pay the principals and interest accruals thereon in full subject to this Contract, accounting documents as well as bear all applicable fees hereunder. (II) Party A shall provide all information concerning its finance and accounting, appropriate materials in respect of production and operation at the request of Party B& operation, including but not limited to providing without limitation supply Party B with its the balance sheets, sheet ending the last quarter as well as the profit and loss statements sheet (the income and expenditure statements sheet in the event case of a public nonprofit institution) as at ending the end of the immediately preceding last quarter within the first twenty working ten (10) banking business days in the beginning of the first month of each quarter, as well as providing its and the supply Party B with the cash flow statements of the for then current year at the end of such year year, in a timely manner. Furthermoreaddition, Party A shall ensure be liable for the truthfulness, completeness as well as the validity of such materials supplied as hereinabove; 8.2.2 Party A shall use the loan for purposes stipulated herein, neither unauthorized diversion for other use nor appropriation thereof for whatsoever reasons is tolerated; 8.2.3 Party A shall, on its own initiative, be voluntarily subject to any inspection and/or supervision conducted by Party B over the production & operation, financial activities, as well as the use of loan on the part of Party A, and shall provide assistance as required; 8.2.4 Party A shall repay the principal hereof and pay any accrued interest thereon as scheduled herein; 8.2.5 Neither Party A nor any of its investors may siphon out the capital or transfer any assets with an intent to shrug off the debts owed to Party B; 8.2.6 Party A shall refrain from provide a security with any asset formed with the loan hereunder for any third party, in the absence of consent of Party B, before the principal hereof and any interest accrued thereon are satisfied in full; 8.2.7 During the whole life of this Contract, any intended provision of security by Party A for any party’s debts that all may impair Party A’s ability to repay the information provided by it loan hereunder shall be subject to a written notice to and consent from Party B; 8.2.8 In the event that the surety hereunder, during the term of this Agreement, stops production, ceases to carry out business, is lawfulde-registered, truehas its business license suspended, completegoes bankrupt, accurate and validrevoked or suffers a loss in operation, free etc. that might deprive Party B of false informationthe whole or partial capacity to act as a surety appropriate to the loan hereunder, or without concealing material operating and financial matters. (III) If in the case of decrease in the value of, damage to or loss of the mortgaged objects or pledged articles, Party A changes or replaces its shall upon the request of Party A provide any other securities as required by Party B; 8.2.9 During the term of this Agreement, Party A is obliged to notify in a timely manner Party B of any change in/of the name, legal representative (responsible officerperson in charge), domicile, business scope, registered addresscapital, scope etc. that may occur to Party A; 8.2.10 In the event a contracting, lease, stock reconstruction, pool, consolidation, merger & acquisition, division, joint venture, application for business stop for internal rectification, application for dissolution or application for being declared to be bankrupt, etc. occurs to Party A that suffice to impair the satisfaction of the creditor’s rights of Party B, Party A shall deliver to Party B a written notice of thirty (30) days for approval, and shall take step to satisfy the debts hereunder and effect the guarantees provided therefore; 8.2.11 In the event that Party A, during the term of this Agreement stops production, ceases to carry out business, registered capitals is de-registered, has its business license suspended, the legal representative or articles key responsible person of association by completing any such change and/or replacement which commits unlawful act and is involved in significant actions, experiences serious difficulties in operating and manufacturing, undergoes deteriorating in financial standing, etc. as well as other circumstances that might be materially adverse to the registration with the Administration for Industry and Commercerepayment obligation fulfillment hereunder, it Party A shall send give a written notice to Party B together with promptly and shall at the information concerning such change or replacement within five working days upon occurrence request of any such change or replacement.Party A satisfy the debts hereunder and effect the guarantee provided for the said debt; (IV) 8.2.12 Party A shall use the borrowing according to bear any and all costs or expenses incurred in respect of this Contract other than engaging in any transactions in violation of laws and rules by embezzlingthe lawyer, misusing or misappropriating insurance, evaluation, registration, custody, authentication, notary, etc. relating to the borrowing; meanwhile, it shall coordinate and accept the inspection and monitoring by Party B over its production, operation, financial activities and use of borrowing hereunder. And it shall not avoid its obligations owed to Party B by taking out capitals, transferring assets or taking advantage of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts with its related parties, or receivable notes and receivables lack of actual transactions. (V) Party A shall comply with applicable environment protection regulations of the PRC if it conducts manufacture and engineering construction by using the borrowing security provided hereunder. (VI) Before paying the principals and interest accruals thereon to Party B, Party A shall not create a guarantee in favor of a third party on the assets created by using the borrowing hereunder without prior consents of Party B. (VII) If Party A is a group company, it shall report to Party B its related transactions accounting for more than 10% of its net assets in a timely manner, including (i) related relationships among trading parties; (ii) trading projects and nature; (iii) trading amount or corresponding proportions; (iv) pricing policies (including transactions lack of consideration or nominal transactions). (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals of relevant government authorities and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject to the specified deadline and proportions, and (iii) the project will be completed according to the schedule.

Appears in 1 contract

Samples: Loan Agreement (General Steel Holdings Inc)

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Obligations of Party A. (I1) Party A shall draw loan(s), repay the borrowing principal(s) and pay the principals interest(s) in full; (2) Party A shall, as required by Party B, provide to Party B relevant financial and interest accruals thereon in full subject to this Contract, accounting information as well as bear all applicable fees hereunder. (II) Party A shall provide all information concerning its finance and accounting, production about manufacturing and operation at the request of Party Bconditions, including but not limited to providing Party B with its balance sheets, profit sheet and loss statements income statement (income statement of revenues and expenditure statements expenditures in the event case of a public institution) as at of the end of the immediately preceding previous quarter within the first twenty working ten business days in the beginning of the first month of each quarter, as well as providing its provide statement of cash flow statements of the relevant year at the year-end of such year in a timely manner. Furthermore, Party A and shall ensure that all the be responsible for authenticity, entirety and validity of information provided by it is lawful, true, complete, accurate Party A and valid, free of shall not provide false information, materials or without concealing conceal material operating operational and financial matters.information from Party B; (III3) If In the event that Party A changes or replaces its registration information such as name, legal representative (responsible officerrepresentative(s), registered addressprincipal, scope domicile, business of businessscope, registered capitals capital or articles of association by completing any such change and/or replacement in the registration with the Administration for Industry and Commerceetc., it shall send a give written notice with updated information attached to Party B together with the information concerning such change or replacement within five working business days upon occurrence of any following such change or replacement.change; (IV4) Party A shall use the borrowing according to this Contract other than engaging loan(s) for purposes provided herein and shall not appropriate or use the loan(s) for illegal purposes or transactions not in any transactions in violation of laws compliance with regulations; Party A shall cooperate with and rules by embezzling, misusing or misappropriating the borrowing; meanwhile, it shall coordinate and accept the allow Party B ’s inspection and monitoring by Party B over supervision of its productionmanufacturing, operation, operation and financial activities and as well as the use of borrowing hereunder. And it the loan(s); Party A shall not avoid its obligations owed move funds, transfer assets or otherwise enter into related party transactions for the purposes of avoidance of liability to Party B by taking out capitals, transferring assets or taking advantage of related transactions, B; nor make banking discount or create charges for getting capitals shall it obtain bank loans or credits from a bank by taking advantage of false using phantom contracts with its related parties, parties or receivable notes and by pledging or cashing-out unsubstantiated trade receivables lack of actual transactions.or account receivables; (V5) Party A shall comply with applicable environment relevant national provisions with respect to environmental protection regulations of in the PRC if event that it conducts manufacture uses the loan(s) for production, manufacturing and engineering construction by using the borrowing hereunder.other factory-related activities; (VI6) Before paying Party A, without the principals and interest accruals thereon to consent of Party B, Party A shall not create a guarantee in favor provide security for loans of a third party on with assets derived from the assets created by using the borrowing hereunder without prior consents loan(s) before repayment of Party B. (VIIprincipal(s) If Party A is a group company, it shall report to Party B its related transactions accounting for more than 10% of its net assets and interest(s) in a timely manner, including (i) related relationships among trading parties; (ii) trading projects and nature; (iii) trading amount or corresponding proportions; (iv) pricing policies (including transactions lack of consideration or nominal transactions). (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals of relevant government authorities and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject to the specified deadline and proportions, and (iii) the project will be completed according to the schedule.full;

Appears in 1 contract

Samples: Loan Agreement (GreenChek Technology Inc.)

Obligations of Party A. (I1) To enable Party B to better provide the technical services, Party A shall ensure that it will fully inform Party B of its business arrangements, and will provide to Party B on a regular basis information regarding its business activities; (2) Party A hereby authorizes Party B and any person authorized by Party B to have access to Party A’s offices and other business premises at any reasonable time for the purpose of providing the services hereunder; (3) Party A shall draw the borrowing timely provide to Party B its financial data and pay the principals information, including but not limited to Party A’s monthly, quarterly and interest accruals thereon in full subject to this Contractannual financial and accounting statements, as well as bear all applicable fees hereunder.budget arrangements and business plans; (II4) Party A shall provide all information concerning obtain Party B’s prior written consent before entering into material contracts with any third party. Material contracts mean oral or written contracts, agreements, covenants or promises with any third party in respect of cooperation, transfer of equity interest, financing, or otherwise which may either affect Party B’s interests hereunder, or may give rise to the decision by Party B to amend or terminate before its finance and accountingexpiration this Agreement. (5) Party A shall timely report to Party B on Party A’s involvement in any pending or threatened litigation or arbitration, production and operation or its being subject to any pending or threatened administrative penalty by the competent government authorities. (6) Party B shall be informed timely of any events which may affect Party A’s normal business operations. (7) Party A shall pay to Party B the technical services fee in a timely fashion as per Clause 2 herein. (8) Party A shall perform the obligations at the request of Party B, and obtain all required approvals and licenses from relevant government authorities (if necessary). (9) Party A shall report to Party B on all its contacts with relevant administrations of industry and commerce, and timely provide Party B with copies of all documents, licenses, consents and authorizations obtained from relevant administrations of industry and commerce. (10) Party A shall operate its business according to the laws and regulations of PRC and complete all the requisite procedures in connection with business operations. (11) Party A shall warrant that the representations and warranties made in Clause 4 below be effective and accurate throughout the term of this Agreement. (12) The candidates for members of Party A’s board of directors shall be recommended by Party B’s board of directors, and then such candidates shall be nominated by the shareholders of Party A, and appointed by the meeting of shareholders of Party A. (13) The candidates for officers of Party A (including but not limited to providing General Manager and Chief Finance Officer) shall be recommended by Party B with its balance sheetsB’s board of directors, profit and loss statements (income then voted and expenditure statements in the event retained by Party A’s board of a public institution) as at the end of the immediately preceding quarter within the first twenty working days in the beginning of the first month of each quarter, as well as providing its cash flow statements of the year at the end of such year in a timely manner. Furthermore, Party A shall ensure that all the information provided by it is lawful, true, complete, accurate and valid, free of false information, or without concealing material operating and financial mattersdirectors. (III) If Party A changes or replaces its name, legal representative (responsible officer), registered address, scope of business, registered capitals or articles of association by completing any such change and/or replacement in the registration with the Administration for Industry and Commerce, it shall send a written notice to Party B together with the information concerning such change or replacement within five working days upon occurrence of any such change or replacement. (IV14) Party A shall use the borrowing according to this Contract other than engaging in any transactions in violation of laws and rules by embezzling, misusing or misappropriating the borrowing; meanwhile, it shall coordinate and accept the inspection and monitoring by Party B over its production, operation, financial activities and use of borrowing hereunder. And it shall not avoid its obligations owed provide to Party B by taking out capitals, transferring assets or taking advantage of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts with its related parties, or receivable notes and receivables lack of actual transactions. (V) Party A shall comply with applicable environment protection regulations of the PRC if it conducts manufacture and engineering construction by using the borrowing hereunder. (VI) Before paying the principals and interest accruals thereon to other information at Party B, Party A shall not create a guarantee in favor of a third party on the assets created by using the borrowing hereunder without prior consents of Party B. (VII) If Party A is a group company, it shall report to Party B its related transactions accounting for more than 10% of its net assets in a timely manner, including (i) related relationships among trading parties; (ii) trading projects and nature; (iii) trading amount or corresponding proportions; (iv) pricing policies (including transactions lack of consideration or nominal transactions)’s reasonable request. (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals of relevant government authorities and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject to the specified deadline and proportions, and (iii) the project will be completed according to the schedule.

Appears in 1 contract

Samples: Exclusive Technical Consulting and Service Agreement (Id Arizona Corp.)

Obligations of Party A. (I) 8.2.1 Party A shall draw the borrowing is obliged to present, as required by Party B, related financial and pay the principals and interest accruals thereon in full subject to this Contract, accounting documents as well as bear all applicable fees hereunder. (II) Party A shall provide all information concerning its finance and accounting, appropriate materials in respect of production and operation at the request of Party B& operation, including but not limited to providing without limitation supply Party B with its the balance sheets, sheet ending the last quarter as well as the profit and loss statements sheet (the income and expenditure statements sheet in the event case of a public nonprofit institution) as at ending the end of the immediately preceding last quarter within the first twenty working ten (10) banking business days in the beginning of the first month of each quarter, as well as providing its and the supply Party B with the cash flow statements of the for then current year at the end of such year year, in a timely manner. Furthermoreaddition, Party A shall ensure be liable for the truthfulness, completeness as well as the validity of such materials supplied as hereinabove; 8.2.2 Party A shall use the loan for purposes stipulated herein, neither unauthorized diversion for other use nor appropriation thereof for whatsoever reasons is tolerated; 8.2.3 Party A shall, on its own initiative, be voluntarily subject to any inspection and/or supervision conducted by Party B over the production & operation, financial activities, as well as the use of loan on the part of Party A, and shall provide assistance as required; 8.2.4 Party A shall repay the principal hereof and pay any accrued interest thereon as scheduled herein; 8.2.5 Neither Party A nor any of its investors may siphon out the capital or transfer any assets with an intent to shrug off the debts owed to Party B; 8.2.6 Party A shall refrain from provide a security with any asset formed with the loan hereunder for any third party, in the absence of consent of Party B, before the principal hereof and any interest accrued thereon are satisfied in full; 8.2.7 During the whole life of this Contract, any intended provision of security by Party A for any party’s debts that all may impair Party A’s ability to repay the information provided by it loan hereunder shall be subject to a written notice to and consent from Party B; 8.2.8 In the event that the surety hereunder, during the term of this Agreement, stops production, ceases to carry out business, is lawfulde-registered, truehas its business license suspended, completegoes bankrupt, accurate and validrevoked or suffers a loss in operation, free etc. that might deprive Party B of false informationthe whole or partial capacity to act as a surety appropriate to the loan hereunder, or without concealing material operating and financial matters. (III) If in the case of decrease in the value of, damage to or loss of the mortgaged objects or pledged articles, Party A changes or replaces its shall upon the request of Party A provide any other securities as required by Party B; 8.2.9 During the term of this Agreement, Party A is obliged to notify in a timely manner Party B of any change in/of the name, legal representative (responsible officerrepresentative(person in charge), domicile, business scope, registered addresscapital, scope etc. that may occur to Party A; 8.2.10 In the event a contracting, lease, stock reconstruction, pool, consolidation, merger & acquisition, division, joint venture, application for business stop for internal rectification, application for dissolution or application for being declared to be bankrupt, etc. occurs to Party A that suffice to impair the satisfaction of the creditor’s rights of Party B, Party A shall deliver to Party B a written notice of thirty (30) days for approval, and shall take step to satisfy the debts hereunder and effect the guarantees provided therefore; 8.2.11 In the event that Party A, during the term of this Agreement stops production, ceases to carry out business, registered capitals is de-registered, has its business license suspended, the legal representative or articles key responsible person of association by completing any such change and/or replacement which commits unlawful act and is involved in significant actions, experiences serious difficulties in operating and manufacturing, undergoes deteriorating in financial standing, etc. as well as other circumstances that might be materially adverse to the registration with the Administration for Industry and Commercerepayment obligation fulfillment hereunder, it Party A shall send give a written notice to Party B together with promptly and shall at the information concerning such change or replacement within five working days upon occurrence request of any such change or replacement.Party A satisfy the debts hereunder and effect the guarantee provided for the said debt; (IV) 8.2.12 Party A shall use the borrowing according to bear any and all costs or expenses incurred in respect of this Contract other than engaging in any transactions in violation of laws and rules by embezzlingthe lawyer, misusing or misappropriating insurance, evaluation, registration, custody, authentication, notary, etc. relating to the borrowing; meanwhile, it shall coordinate and accept the inspection and monitoring by Party B over its production, operation, financial activities and use of borrowing hereunder. And it shall not avoid its obligations owed to Party B by taking out capitals, transferring assets or taking advantage of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts with its related parties, or receivable notes and receivables lack of actual transactions. (V) Party A shall comply with applicable environment protection regulations of the PRC if it conducts manufacture and engineering construction by using the borrowing security provided hereunder. (VI) Before paying the principals and interest accruals thereon to Party B, Party A shall not create a guarantee in favor of a third party on the assets created by using the borrowing hereunder without prior consents of Party B. (VII) If Party A is a group company, it shall report to Party B its related transactions accounting for more than 10% of its net assets in a timely manner, including (i) related relationships among trading parties; (ii) trading projects and nature; (iii) trading amount or corresponding proportions; (iv) pricing policies (including transactions lack of consideration or nominal transactions). (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals of relevant government authorities and will not violate any laws and regulations, (ii) capitals or other raisings will be contributed in full subject to the specified deadline and proportions, and (iii) the project will be completed according to the schedule.

Appears in 1 contract

Samples: Loan Agreement (General Steel Holdings Inc)

Obligations of Party A. (I) Party A shall draw the borrowing Withdraw funds and pay off the principals loan principal and interest accruals thereon in full subject to as specified in this Contract, and bear various expenses as well as bear all applicable fees hereunder.specified in this Contract; (II) Party A shall provide all information concerning its finance and accountingProvide various materials such as financial accounting materials, materials of production and operation at the request of status, etc. as required by Party B, including but not limited to providing Party B with its balance sheets, profit and loss statements (income and expenditure statements in the event Balance Sheet as of a public institution) as at the end of the immediately preceding last quarter and the Income Statement (Statement of Revenues and Expenditures for public institutions) as of the end of the last quarter within the first twenty ten working days in the beginning of the first month of each quarter, as well as providing its cash flow statements and timely provide the Cash Flow Statement of the current year at the end of such year in a timely manner. Furthermoreeach year, Party A shall and ensure that all the information materials provided by it is lawfulare legitimate, true, complete, accurate and valid, free of effective. It’s forbidden to provide false information, materials or without concealing material operating conceal important operation and financial matters.facts; (III) If Where Party A changes suffers from any major unfavorable event which affects its solvency or replaces its any other circumstance that endangers the creditor’s rights of Party B, or makes any change in industrial and commercial registration items such as the name, legal representative (responsible officerperson-in-charge), registered addressdomicile, scope of businessbusiness scope, registered capitals capital or articles Articles of association by completing any such change and/or replacement in Association of the registration with the Administration for Industry and Commercecompany (enterprise), etc., it shall send a written notice to notify Party B together with the information concerning such change or replacement in writing within five 3 working days upon occurrence of any such change or replacement.after the occurrence, and attach relevant materials after the change; (IV) Party A shall apply the loan to the intended use as specified in this Contract, and shall not misuse or misappropriate it or engage in any trading that violates relevant laws or regulations with the bank loan, or use the borrowing according loan for investment in fixed assets, equity, etc. or in the production and operation fields and purposes prohibited by the state, or use it to this Contract other than engaging offset the liabilities arising from Party A’s investment in any transactions in violation of laws and rules by embezzlingfixed assets, misusing or misappropriating the borrowingequity, etc.; meanwhile, it Party A shall coordinate cooperate with and accept the Party B’s inspection and monitoring by Party B over supervision on its production, operationoperation and financial activities, financial activities and the use and payment of borrowing hereunder. And it the loan under this Contract, and also cooperate with and accept Party B’s relevant requirements for post-loan management; Party A shall not withdraw funds, transfer assets or use connected transactions to avoid its obligations owed the debt to Party B; Party A shall not realize bank discount or pledge, or take bank funds or credit by false contracts with related parties, and notes receivable, accounts receivable and other creditor’s rights without actual trading background; Party A shall pay loan funds according to the provisions of this Contract, and shall not evade entrusted payment of Party B by taking out capitals, transferring assets or taking advantage of related transactions, nor make banking discount or create charges for getting capitals or credits from a bank by taking advantage of false contracts with its related parties, or receivable notes and receivables lack of actual transactions.breaking up the whole into parts; (V) Where Party A uses the loan under this Contract for manufacturing, it shall comply with applicable environment protection abide by relevant national regulations of the PRC if it conducts manufacture and engineering construction by using the borrowing hereunder.on environmental protection; (VI) Before paying off the principals loan principal and interest accruals thereon to Party B, Party A shall not create a use the assets formed by the loan under this Contract to provide guarantee in favor of a for any third party on without the assets created by using the borrowing hereunder without prior consents consent of Party B.B; (VII) If Party A is a group companyclient, it shall promptly report to Party B its related the connected transactions accounting for valuing more than 10% of its net assets in a timely mannerto Party B, including including: (i1) related relationships among trading The association relationship of transaction parties; (ii2) trading projects Transaction items and naturenature of the transaction; (iii) trading amount 3)Amount of the transaction or the corresponding proportionsproportion; (iv4) pricing policies Pricing policy (including transactions lack of consideration with no amount or nominal transactionswith only symbolic amount).; (VIII) If the loan hereunder is issued as the fixed-asset loan or project loan, Party A shall ensure that (i) the proposed project has been obtained with approvals get Party B’s written consent before executing major events such as merger, separation, equity transfer, foreign investment, substantial increase of relevant government authorities and debt financing, etc. However, Party B’s written consent will not violate any laws and regulations, (ii) capitals or other raisings will be contributed affect its right to take remedial measures as specified in full subject to this Contract when it thinks that the specified deadline and proportions, and (iii) above-mentioned behaviors may endanger the project will be completed according to security of its creditor’s rights in the schedule.future;

Appears in 1 contract

Samples: Loan Contract (Gracell Biotechnologies Inc.)

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