Common use of Obligations of the Borrower Clause in Contracts

Obligations of the Borrower. 1. To accurately and faithfully provide the documents and materials which have been required by the Lender, and all information concerning the account opening bank, account number and the balance of deposits and loans, and cooperate with the Lender in investigations, examinations and inspections; 2. To accept the supervision of the Lender concerning its usage of loan and relevant production, operation and financial activities. When the loan hereunder is used for project construction, cooperate in the Lender’s supervision and inspection on the project and timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lender; 3. The Borrower shall use the loan for the purpose as agreed hereunder, and shall not misappropriate such loan for other purpose, such as in stock investment, in speculation of marketable securities, futures and real estates, etc. The Borrower shall not use such loan to participate in inter-enterprise debit and credit activities and other illegal activities restricted by the State, nor divert or misappropriate the loan by other means; 4. The Borrower shall fully repay the principal and interest of the loan on schedule according to this Contract; 5. Without the prior written consent of the Lender, the Borrower shall not transfer whole or part of the debt hereunder to any third party; 6. The Borrower shall bear all expenses relating to this Contract, including without limitation the fees of notarization, appraisal, valuation, registration and the expenses for the Lender to realize its Creditor’s Right; 7. The Borrower shall not reduce its registered capital by any means; 8. In case of the occurrence of any of the following circumstances, the Borrower shall procure a prior written consent from the Lender, and as required by the Lender, actively implement safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder, otherwise, the Borrower shall be deemed as breaching this Contract, and the Lender shall be entitled to recover the loan according to Article 11 hereof or take other measures: (1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / ; (2) Alteration of material assets and property rights, and adjustment of operation mode and main management personnel ( including but not limited to entering into joint venture and cooperation contracts with foreign investors or investors from Hong Kong, Macao and Taiwan; revocation, closedown, cessation of operation and production transition; spin-off, coalition, merger, being acquired, acquisition; restructuring, establishment of and transformation to joint stock companies; purchase the stock or invest in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets or trademark, patent, proprietary technology, land use right and other intangible assets; carry out property rights and operation rights transactions by way of leasing, contracting, joint-cooperation and trusteeship; alterations of main management personnel, etc.); (3) In case of alterations of shareholders of the Borrower (including but not limited to share transfer, trusteeship, escrow, pledge, etc.), the Borrower shall timely notify the Lender; in case of alteration of ___percent of the equity interest, the prior written consent of the Lender shall be procured. 9. In case of the occurrence of any of the following circumstances, the Borrower shall immediately inform the Lender, and actively implement the safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder: (1) Occurrence of material financial losses, assets losses or other financial crisis; (2) Cessation of business, being revoked or cancelled of business license, applying or being applied for bankruptcy, dissolution, etc.; (3) Material crisis of the operation and finance of its controlling shareholders or other affiliated companies, which has influenced its normal operation; (4) Alterations of the legal representative, directors or major senior management of the Borrower, which have influenced its normal operation; (5) Material related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced its normal operation; (6) Any lawsuit, arbitration or criminal, administrative penalties which have caused material adverse effect on its operation or financial conditions; (7) Other material events which may influence its repayment abilities. 10. The Borrower warrants keeping the floating assets and net assets value during the loan term within the scope of ___, the liability ratio on assets within the scope of ___, and the assets floating ratio within the scope of ___. 11. As for the collection letter or collection document mailed off or delivered in other means by the Lender, the Borrower shall sign off and return the receipt to the Lender. 12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by the relationship between any Party hereto and any third party, unless otherwise required by this Contract.

Appears in 1 contract

Samples: Medium/Long Term Renminbi Loan Contract (China Hydroelectric Corp)

AutoNDA by SimpleDocs

Obligations of the Borrower. 1. To accurately 6.1 The Borrower shall repay the loan principal and faithfully provide the documents related interest under this Contract in accordance with the schedule, amount, and materials which have been required currency specified in this Contract. 6.2 The Borrower shall not appropriate the loan hereunder. 6.3 The Borrower shall undertake the expenses hereunder, including but not limited to notarization fee, authentication fee, appraisal fee and registration fee. 6.4 The Borrower shall comply with the relevant business system and operational practice as adopted by the LenderLender relating to loan operation, and all information concerning the account opening bank, account number and the balance of deposits and loans, and cooperate including but not limited to cooperating with the Lender in investigations, examinations and inspections; 2. To accept the supervision of and inspection over the Lender concerning its usage use of loan and relevant production, the business operation of the Borrower; provide promptly all the financial statements and financial activities. When the loan hereunder is used for project construction, cooperate in the Lender’s supervision other data and inspection on the project and timely take appropriate disposition measures concerning the suggestions and requirements put forward information as requested by the Lender;; and ensure that the documents, materials and information provided are authentic, complete and accurate. 3. 6.5 The Borrower shall use give the loan for Lender at least a thirty-day written notice if any of the purpose as agreed hereunderfollowing occurs, and shall not misappropriate such take action before full repayment of the loan for other purposeprincipal and interest due under this Contract, such as or provision of a repayment plan and security acceptable to the Lender: (1) Sales, donation, lease, lending, transfer, mortgage, pledge or otherwise disposal of its material asset, or all of or most of the asset; (2) Material change or possible material change in stock investmentoperation system or the constituency of property right, in speculation including but not limited to contracting, leasing, joint operation, incorporation reform, stockholding system restructuring, sale of marketable securitiesenterprise, futures and real estatesconsolidation (merger), etc. equity/contractual joint venture, division, establishing subsidiaries, property right transfer, capital reduction. 6.6 The Borrower shall not use such loan to participate notify the Lender in inter-enterprise debit and credit activities writing within seven days upon the incurrence or the threatened incurrence of the following events: (1) Modification of articles of association, change of corporate name, legal representative (responsible person), location, correspondence address or business scope and other illegal activities restricted by the State, nor divert industry and commerce registration matters; decisions that materially affect financial affairs or misappropriate the loan by other meanshuman resources; 4. (2) The Borrower shall fully repay or the principal Guarantor intends to apply for bankruptcy or may be or have been applied by creditors for bankruptcy; (3) The Borrower is involved in material litigation or arbitration, or its material asset or collateral hereunder is imposed on enforcement measures such as property preservation; (4) The Borrower provides guarantee to any third party and interest such guarantee results in material adverse influence upon the Borrower’s financial condition or the ability to perform the obligations hereunder; (5) The Borrower concludes any contract having material influence upon its operation and financial condition; (6) Cessation of production, going out of business, cancellation of business registration or revocation of business license on the part of the loan on schedule according to this ContractBorrower or the Guarantor; 5. Without (7) The Borrower, its legal representative (responsible person) or executives are involved in illegal activities; (8) Serious difficulties in operation, deterioration of financial condition, or other events having negative influence upon the prior written consent operation, financial condition or the ability to repay debts of the Borrower. 6.7 In the event of any change in the security hereunder adverse to the Lender’s right, the Borrower shall not transfer whole or part of the debt hereunder provide promptly other security acceptable to any third party; 6. The Borrower shall bear all expenses relating to this Contract, including without limitation the fees of notarization, appraisal, valuation, registration and the expenses for the Lender to realize its Creditor’s Right; 7. The Borrower shall not reduce its registered capital by any means; 8. In case of the occurrence of any of the following circumstances, the Borrower shall procure a prior written consent from the Lender, and as required by the Lender, actively implement safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder, otherwise, the Borrower shall be deemed as breaching this Contract, and the Lender shall be entitled to recover the loan according to Article 11 hereof or take other measures: (1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / ; (2) Alteration of material assets and property rights, and adjustment of operation mode and main management personnel ( including but not limited to entering into joint venture and cooperation contracts with foreign investors or investors from Hong Kong, Macao and Taiwan; revocation, closedown, cessation of operation and production transition; spin-off, coalition, merger, being acquired, acquisition; restructuring, establishment of and transformation to joint stock companies; purchase the stock or invest in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets or trademark, patent, proprietary technology, land use right and other intangible assets; carry out property rights and operation rights transactions by way of leasing, contracting, joint-cooperation and trusteeship; alterations of main management personnel, etc.); (3) In case of alterations of shareholders of the Borrower (including but not limited to share transfer, trusteeship, escrow, pledge, etc.), the Borrower shall timely notify the Lender; in case of alteration of ___percent of the equity interest, the prior written consent of the Lender shall be procured. 9. In case of the occurrence of any of the following circumstances, the Borrower shall immediately inform the Lender, and actively implement the safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder: (1) Occurrence of material financial losses, assets losses or other financial crisis; (2) Cessation of business, being revoked or cancelled of business license, applying or being applied for bankruptcy, dissolution, etc.; (3) Material crisis of the operation and finance of its controlling shareholders or other affiliated companies, which has influenced its normal operation; (4) Alterations of the legal representative, directors or major senior management of the Borrower, which have influenced its normal operation; (5) Material related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced its normal operation; (6) Any lawsuit, arbitration or criminal, administrative penalties which have caused material adverse effect on its operation or financial conditions; (7) Other material events which may influence its repayment abilities. 10. The Borrower warrants keeping the floating assets and net assets value during the loan term within the scope of ___, the liability ratio on assets within the scope of ___, and the assets floating ratio within the scope of ___. 11. As for the collection letter or collection document mailed off or delivered in other means by the Lender, the Borrower shall sign off and return the receipt to the Lender. 12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by the relationship between any Party hereto and any third party, unless otherwise required by this Contract.

Appears in 1 contract

Samples: Loan Contract (China Sunergy Co., Ltd.)

Obligations of the Borrower. 1. To accurately and faithfully provide the documents Documents and materials which have been required by the Lenderlender shall be truthfully provided (including account numbers of all opening banks, and all information concerning the account opening bank, account number and the balance of deposits and loans, utilization of relevant loans, assets, production and business activities, Internal management and other true information); 2. The financial statements of the previous month shall be provided to the Lender before the 20th day of each month, and the audited financial statements shall be provided to the Lender within 120 days after the end of each fiscal year, in a timely manner Provide its own changes and changes; 3. It shall accept and cooperate with the Lender lender in investigationsits use of credit funds and related production procedures Investigation, examinations supervision and inspections; 2. To accept the supervision inspection of the Lender concerning its usage of loan and relevant production, operation operations and financial activities. When the loan hereunder is used for project construction, cooperate in the Lender’s supervision and inspection on the project and timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lender; 3. The Borrower shall use the loan for the purpose as agreed hereunder, and shall not misappropriate such loan for other purpose, such as in stock investment, in speculation of marketable securities, futures and real estates, etc. The Borrower shall not use such loan to participate in inter-enterprise debit and credit activities and other illegal activities restricted by the State, nor divert or misappropriate the loan by other means; 4. Open relevant settlement accounts in Wuxi Xinzhi (Branch) Bank of Jiangsu Co., LTD., and handle domestic and foreign exchange settlement, settlement and sale at the Lender or its branches at least in accordance with the proportion of the total balance of borrowings under this contract and borrowings of the Borrower from other financial institutions Other intermediary business; 5. The Borrower loan shall fully repay be used in accordance with the purpose and manner agreed in this contract; 6. The principal and interest of the loan shall be repaid in full and on time as agreed in this Contract; 7. Prior to foreign investment, substantial increase in debt financing, merger, division, equity transfer, asset transfer and other major matters, it shall notify the lender in writing in advance and obtain the written consent of the lender, and fulfill the principal and interest of the loan on schedule according to under this Contract; 5. Without Contract as required by the prior written consent of the Lender, the Borrower shall not transfer whole or part of the debt hereunder to any third party; 6. The Borrower shall bear all expenses relating to this Contract, including without limitation the fees of notarization, appraisal, valuation, registration and the expenses lender Safeguard measures for the Lender to realize its Creditor’s Right; 7. The Borrower shall not reduce its registered capital by any meansrepayment of other related expenses; 8. In case A material adverse event occurs to the Borrower or guarantor affecting his solvency/guarantee ability The Lender shall be promptly notified of such event; 9. The total amount of security for the liabilities of a third party shall not exceed the net assets of the borrower Times; 10. If the Borrower is a Group customer, it shall, within 10 days from the date of the occurrence of any the affiliated transaction whose amount is more than 10% of the following circumstancesBorrower's net assets, the Borrower shall procure submit a prior written consent from report to the Lender, and as required by the Lender, actively implement safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder, otherwise, the Borrower shall be deemed as breaching this Contract, and the Lender shall be entitled to recover the loan according to Article 11 hereof or take other measures: (1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / ; (2) Alteration of material assets and property rights, and adjustment of operation mode and main management personnel ( including but not limited to entering into joint venture the relevant relationship of the parties to the transaction, the items and cooperation contracts nature of the transaction, the transaction amount or corresponding Proportion and pricing basis (including transactions with foreign investors no amount or investors from Hong Kong, Macao and Taiwan; revocation, closedown, cessation of operation and production transition; spin-off, coalition, merger, being acquired, acquisition; restructuring, establishment of and transformation to joint stock companies; purchase the stock or invest in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets or trademark, patent, proprietary technology, land use right and other intangible assets; carry out property rights and operation rights transactions by way of leasing, contracting, joint-cooperation and trusteeship; alterations of main management personnel, etc.only a nominal amount); (3) In case of alterations of shareholders 11. Insure its property in relation to the loan as required by the lender, And identify the lender as the beneficiary of the Borrower (including but not limited to share transfer, trusteeship, escrow, pledge, etc.)insurance interest; 12. If this contract has been notarized by a notary office and is enforceable, the Borrower agrees to be executed The people's court shall timely notify enforce the Lender; in case contract and waive the right of alteration of ___percent of the equity interest, the prior written consent of the Lender shall be procureddefense. 9. In case of the occurrence of any of the following circumstances, the Borrower shall immediately inform the Lender, and actively implement the safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder: (1) Occurrence of material financial losses, assets losses or other financial crisis; (2) Cessation of business, being revoked or cancelled of business license, applying or being applied for bankruptcy, dissolution, etc.; (3) Material crisis of the operation and finance of its controlling shareholders or other affiliated companies, which has influenced its normal operation; (4) Alterations of the legal representative, directors or major senior management of the Borrower, which have influenced its normal operation; (5) Material related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced its normal operation; (6) Any lawsuit, arbitration or criminal, administrative penalties which have caused material adverse effect on its operation or financial conditions; (7) Other material events which may influence its repayment abilities. 10. The Borrower warrants keeping the floating assets and net assets value during the loan term within the scope of ___, the liability ratio on assets within the scope of ___, and the assets floating ratio within the scope of ___. 11. As for the collection letter or collection document mailed off or delivered in other means by the Lender, the Borrower shall sign off and return the receipt to the Lender. 12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by the relationship between any Party hereto and any third party, unless otherwise required by this Contract.

Appears in 1 contract

Samples: Working Capital Loan Contract (HUHUTECH International Group Inc.)

Obligations of the Borrower. 1. To accurately and faithfully truthfully provide the documents and materials which have been required by the Lender, and including all information concerning the account opening bankbanks, account number and the numbers, balance of deposits and loansloans and relevant personal information, and cooperate with the Lender in its investigations, examinations and inspections; 2. To accept the supervision of or inspection by the Lender concerning on its usage use of loan credit funds and relevant related production, operation and financial activities. When the loan hereunder is used for project construction, cooperate and take reasonable measures in response to the Lender’s supervision and inspection on the project and suggestions or requirements in a timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lendermanner; 3. The Borrower shall To use the loan for the purpose borrowing as agreed hereunder, herein without misappropriation and ensure that the borrowing shall not misappropriate such loan be used for other purpose, such as investment in stock fixed assets; not to use the borrowing in equity investment, ; not to use in state-prohibited production/operation areas; not to use in speculation of or investment in stocks, marketable securities, futures futures, wealth management products and other financial products; not to use for purchase of property or in real estates, etc. The Borrower shall estate business/investment; not to use such loan in borrowing and lending activities between enterprises or between enterprises and individuals; not to participate use in inter-enterprise debit and seeking illegal income; not to arbitrage credit activities and funds through illegal means or squeeze or misappropriate the borrowing through other means; not engage in other illegal activities restricted or other fields in violation of national laws and policies with the borrowing; and not to use the borrowing in areas where banking credit funds are banned by the State, nor divert or misappropriate the loan by other means;regulatory authorities. 4. The Borrower shall fully To accept the Lender’s monitoring on the Borrower’s account and the payment management of the borrowing in accordance with Clause VII hereof; 5. To repay the principal and interest of the loan on schedule according to this Contractborrowing with sufficient amount in a timely manner as agreed herein; 56. Without the prior written consent of the Lender, the Borrower shall not transfer whole all or part of the debt obligations hereunder to any third party; 67. The Borrower shall bear all expenses relating Not to this Contract, including without limitation reduce the fees of notarization, appraisal, valuation, registration registered capital through any means; and not to extend the expenses term for the Lender to realize its Creditor’s Right; 7. The Borrower shall not reduce its subscription of the registered capital by any meanswithout the written consent of the Lender; 8. In case of the occurrence of Prior to any of the following circumstancesmajor events such as merger, division, equity transfer, external investment or substantial increase in debt financing, the Borrower shall procure a prior notify the Lender in written 30 working days in advance at least and obtain the written consent from of the Lender, and as required by the Lender, . It shall actively implement guarantee measures to safeguard measures for making timely and full the repayment for of the principal and interest of the loan and other fees hereunder, otherwise, borrowing hereunder with sufficient amount in a timely manner as required by the Borrower Lender. The above major events shall include but not be deemed as breaching this Contract, and the Lender shall be entitled to recover the loan according to Article 11 hereof or take other measureslimited to: (1) The total amount of loan Application for borrowings or liabilities from banks and or other third parties exceeds RMB / parties, or the total amount of debts exceeds RMB / providing loans to third parties, or the total amount of loan provided providing guarantees to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / parties, and other substantial increases in debts, which affects or may affect the repayment of the principal and interest of the borrowing; (2) Alteration of material assets and Major changes in property rights, rights and adjustment of operation mode and main management personnel ( methods (including but not limited to entering into signing joint venture and cooperation contracts with foreign investors or investors from Hong Kong, Macao Macau and Taiwan; revocationrevoking, closedownclosure, cessation suspension of operation production and change of production transitionlines; spin-offseparation, coalitionconsolidation, merger, merger or being acquired, acquisitionmerged; restructuringreorganization, establishment of and transformation to joint or restructuring into a joint-stock companiescompany; external investment; purchase the stock of shares or invest investment in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets such as houses, machinery and equipment or trademarkintangible assets such as trademarks, patentpatents, proprietary technology, technologies and land use right rights; and other intangible assets; carry out conducting transactions of property rights and operation rights transactions by way of through leasing, contracting, joint-cooperation joint venture and trusteeship; alterations of main management personnel, etc.); (3) In case The changes of alterations of shareholders of the Borrower equity reach 10% (including but not limited to share equity transfer, trusteeship, escrow, pledge, etc.), the Borrower shall timely notify the Lender; in case of alteration of ___percent of the equity interest, the prior written consent of the Lender shall be procured. 9. In case of The Borrower shall notify the Lender in written within 7 working days after the occurrence of any or possible occurrence of the following circumstances, the Borrower and shall immediately inform the Lender, and actively implement guarantee measures to safeguard the safeguard measures for making timely and full repayment for of the principal and interest of the loan and other fees hereunderborrowing hereunder with sufficient amount in a timely manner as required by the Lender: (1) Occurrence The occurrence of material major financial losses, assets asset losses or other financial crisiscrises; (2) Cessation The suspension of business, being revoked the revocation or cancelled cancellation of business license, applying application or being applied for bankruptcy, dissolution, etc.; (3) Material crisis of the operation and finance of its Its controlling shareholders or and other affiliated companiescompanies are involved in significant operation or financial crisis, which has influenced its affects their normal operation; (4) Alterations Changes of the legal representative, directors or major senior management of the Borrower, which have influenced affects its normal operation; (5) Material The changes of equity reach 10% (including but not limited to equity transfer, trusteeship, escrow, pledge, etc.); (6) Significant related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced affects its normal operation; (67) Any lawsuitlitigation, arbitration or criminal, criminal or administrative penalties which have caused material punishment with significant adverse effect consequences on its operation or financial property conditions;; and (7) Other material 8) The occurrence of other major events which that may influence affect its repayment abilitiessolvency. 10. The At the request of the Lender (which has been served to the Borrower warrants keeping the floating assets and net assets value during the loan term within the scope in advance in a reasonable manner, unless advance notice is not required due to an event of ___default or potential event of default or due to specific circumstances), the liability ratio on assets within representatives of the scope Lender are permitted to carry out the following activities during normal office hours: (1) To visit the place where the Borrower conducts operating activities; (2) To inspect the premises, facilities, plants and equipment of ___the Borrower; (3) To inquire the book records and all other records of the Borrower; and (4) To inquire employees, agents, contractors and subcontractors of the assets floating ratio within Borrower who have or may have knowledge of the scope of ___relevant information required by the Lender. 11. As for The Borrower shall guarantee to maintain its financial conditions, such as current assets and net asset, asset-liability ratio and asset current ratio within the collection letter or collection document mailed off or delivered in other means following range as required by the Lender, Lender during the term of the borrowing: / . 12. The Borrower shall sign off for acceptance of collection letters or collection documents delivered by the Lender to the Borrower through mails or other means and send the return the receipt to the Lender. 12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by the relationship between any Party hereto and any third party, unless otherwise required by this Contract.

Appears in 1 contract

Samples: Working Capital Loan Contract (ECARX Holdings Inc.)

Obligations of the Borrower. 1. To accurately 9.2.1 Withdraw money and faithfully provide the documents and materials which have been required by the Lender, and all information concerning the account opening bank, account number and the balance of deposits and loans, and cooperate with the Lender in investigations, examinations and inspections; 2. To accept the supervision of the Lender concerning its usage of loan and relevant production, operation and financial activities. When the loan hereunder is used for project construction, cooperate in the Lender’s supervision and inspection on the project and timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lender; 3. The Borrower shall use the loan for the purpose as agreed hereunder, and shall not misappropriate such loan for other purpose, such as in stock investment, in speculation of marketable securities, futures and real estates, etc. The Borrower shall not use such loan to participate in inter-enterprise debit and credit activities and other illegal activities restricted by the State, nor divert or misappropriate the loan by other means; 4. The Borrower shall fully repay pay off the principal and interest of the loan on schedule in full according to the agreement of this Contract, and bear all expenses agreed in this Contract; perform the arrangement, agreement or unilateral commitment of installment repayment and prepayment reached by the parties in any period, otherwise the Lender has the right to immediately announce the premature maturity of the loan and take legal measures to realize the creditor’s rights. 9.2.2 Provide relevant financial and accounting information and production and operation status information as required by the Lender, including but not limited to providing the Lender with the balance sheet at the end of the previous quarter and the income statement as of the end of the previous quarter (the income and expenditure statement for public institutions) within the first 5 working days of the first month of each quarter, and provide the cash flow statement of the current year in a timely manner at the end of the year, and be responsible for the authenticity, completeness and validity of the information provided, and do not provide false materials or conceal important operating financial facts; 5. Without 9.2.3 Where the prior written consent Borrower changes its name, legal representative (principal), domicile, business scope, registered capital, articles of association of the company (enterprise) or other industrial and commercial registration items, it shall notify the Lender in advance, and notify the Lender in writing within 3 working days after the change, and attach relevant materials after the change; 9.2.4 The Borrower shall use the loan according to the purpose agreed in this Contract, and shall not misuse, misappropriate or use the bank loan to engage in illegal and illegal transactions; It shall cooperate with and accept the inspection and supervision of the Lender on its production and operation, financial activities and the use of loans under this Contract; It is not allowed to withdraw funds, transfer assets or use related party transactions to evade debts to the Lender; It shall not use false contracts with related parties to discount or pledge creditor’s rights such as bills receivable and accounts receivable without actual trade background to the bank, and obtain bank funds or credit; 9.2.5 The Borrower shall abide by the relevant national regulations on environmental protection in case that the Borrower uses the borrowings under the Contract for production and operation; 9.2.6 Before paying off the loan principal and interest to the Lender, the Borrower shall not transfer whole or part use the assets formed by the loan under the Contract to provide guarantee to the third party without the consent of the debt hereunder to any third partyLender; 6. The Borrower shall bear all expenses relating to this Contract, including without limitation the fees of notarization, appraisal, valuation, registration and the expenses for the Lender to realize its Creditor’s Right; 7. The Borrower shall not reduce its registered capital by any means; 8. In case of the occurrence of any of the following circumstances, 9.2.7 Whether the Borrower shall procure is a prior written consent from the Lender, and as required by the Lender, actively implement safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder, otherwise, group customer: Yes£No£. If the Borrower shall be deemed as breaching this Contract, and the Lender shall be entitled to recover the loan according to Article 11 hereof or take other measures: (1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / ; (2) Alteration of material assets and property rights, and adjustment of operation mode and main management personnel ( including but not limited to entering into joint venture and cooperation contracts with foreign investors or investors from Hong Kong, Macao and Taiwan; revocation, closedown, cessation of operation and production transition; spin-off, coalition, merger, being acquired, acquisition; restructuring, establishment of and transformation to joint stock companies; purchase the stock or invest in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets or trademark, patent, proprietary technology, land use right and other intangible assets; carry out property rights and operation rights transactions by way of leasing, contracting, joint-cooperation and trusteeship; alterations of main management personnel, etc.); (3) In case of alterations of shareholders of the Borrower (including but not limited to share transfer, trusteeship, escrow, pledge, etc.)is a group customer, the Borrower shall timely notify report to the Lender; in case of alteration of ___percent Lender the changes of the Borrower’s related parties and the related transactions with more than 10% of the net assets, including: (1) association relationship among transaction parties, (2) transaction item and nature, (3) transaction amount or corresponding ratio and (4) pricing policy (including transactions involving no amount or only nominal amount); 9.2.8 The Borrower shall obtain the written consent of the Lender before carrying out major issues such as merger, separation, equity interesttransfer, foreign investment and substantial increase in debt financing. However, the prior written consent of the Lender shall be procured. 9. In case not affect the Lender’s right to use the remedies agreed in the Contract when the Xxxxxx believes that the above-mentioned acts may endanger the safety of the occurrence of any of Lender’s creditor’s rights in the following circumstances, the Borrower shall immediately inform the Lender, and actively implement the safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder: (1) Occurrence of material financial losses, assets losses or other financial crisis; (2) Cessation of business, being revoked or cancelled of business license, applying or being applied for bankruptcy, dissolution, etcfuture.; (3) Material crisis of the operation and finance of its controlling shareholders or other affiliated companies, which has influenced its normal operation; (4) Alterations of the legal representative, directors or major senior management of the Borrower, which have influenced its normal operation; (5) Material related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced its normal operation; (6) Any lawsuit, arbitration or criminal, administrative penalties which have caused material adverse effect on its operation or financial conditions; (7) Other material events which may influence its repayment abilities. 10. The Borrower warrants keeping the floating assets and net assets value during the loan term within the scope of ___, the liability ratio on assets within the scope of ___, and the assets floating ratio within the scope of ___. 11. As for the collection letter or collection document mailed off or delivered in other means by the Lender, the Borrower shall sign off and return the receipt to the Lender. 12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by the relationship between any Party hereto and any third party, unless otherwise required by this Contract.

Appears in 1 contract

Samples: Loan Contract (UTime LTD)

AutoNDA by SimpleDocs

Obligations of the Borrower. 1. To accurately and faithfully The Borrower is obliged to truthfully provide the documents and materials which have been required by the Lender, and as well as the information on all information concerning its bank accounts, the account opening bank, account number bank of deposit and the balance of deposits and loans, and cooperate with in investigation, examination and inspection by the Lender in investigations, examinations and inspectionsLender; 2. To The Borrower is obliged to accept the Lender’s supervision or inspection of the Lender concerning its usage Borrower’s use of loan and credit funds, relevant production, operation and financial activities. When the loan hereunder is used , and take reasonable measures for project construction, cooperate in the Lender’s supervision and inspection on the project and recommendations or requirements in a timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lendermanner; 3. The Borrower shall is obliged to use the loan for the purpose as agreed hereunderherein, rather than for other purposes, and to guarantee that the loan shall not misappropriate such loan be used for other purpose, such as investment in stock investmentfixed assets, in speculation areas and for purposes prohibited by the state for production or operation, for investment in equity, for illegal trade of marketable negotiable securities, futures and futures, real estatesestate, etc. The Borrower shall not use such loan to participate in ., for inter-enterprise debit and credit mutual lending activities and other illegal activities restricted by the Statestate, nor divert or misappropriate and that the loan by shall not be occupied or embezzled in other meansways; 4. The Borrower shall fully repay is obliged to accept the principal and interest Lender’s monitoring of the Borrower’s account and management of the payment of loan on schedule according to this Contractfund as agreed in Article 8 hereof; 5. Without The Borrower is obliged to repay the prior written consent of loan principal and interest in full and on time in accordance with the Lender, the Borrower shall not transfer whole or part of the debt hereunder to any third partyContract; 6. The Borrower shall bear may not transfer all expenses relating or part of debts hereunder to this Contracta third party, including without limitation the fees written consent of notarization, appraisal, valuation, registration and the expenses for the Lender to realize its Creditor’s RightLender; 7. The Borrower shall may not reduce its the registered capital by any means, and may not extend the period for subscribing for the registered capital without the written consent of the Lender; 8. In case of Before the occurrence of any of the following circumstancesBorrower has major events such as merger, division, equity transfer, external investment, substantial increase in debt financing and so on, the Borrower shall procure a prior written consent from the Lender, and as required by the Lender, actively implement safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder, otherwise, the Borrower shall be deemed as breaching this Contract, and notify the Lender shall be entitled to recover in writing at least 30 working days in advance and obtain the loan according to Article 11 hereof or take other measures: (1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / ; (2) Alteration of material assets and property rights, and adjustment of operation mode and main management personnel ( including but not limited to entering into joint venture and cooperation contracts with foreign investors or investors from Hong Kong, Macao and Taiwan; revocation, closedown, cessation of operation and production transition; spin-off, coalition, merger, being acquired, acquisition; restructuring, establishment of and transformation to joint stock companies; purchase the stock or invest in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets or trademark, patent, proprietary technology, land use right and other intangible assets; carry out property rights and operation rights transactions by way of leasing, contracting, joint-cooperation and trusteeship; alterations of main management personnel, etc.); (3) In case of alterations of shareholders of the Borrower (including but not limited to share transfer, trusteeship, escrow, pledge, etc.), the Borrower shall timely notify the Lender; in case of alteration of ___percent of the equity interest, the prior written consent of the Lender shall be procured. 9. In case of the occurrence of any of the following circumstances, the Borrower shall immediately inform the Lender, and actively implement the safeguard measures for making timely and the full repayment for the of principal and interest of the loan and other fees hereunderhereunder on schedule as required by the Lender, including but not limited to: (1) Occurrence providing substantial increase in debt financing, including the guarantee for the application for loan or debts to the bank and other third party, for the provision of material financial lossesloan for a third party, assets losses or other financial crisisfor the debt of a third party, which affects or may affect the return of the loan principal and interest; (2) Cessation carrying out major change in any property or adjust business mode (including but not limited to the conclusion of businessa joint venture or cooperation contract with a foreign merchant or a merchant from Hong Kong, being revoked Macao or cancelled Taiwan; revocation, shutdown, suspension of production or change of production; division, merger, acquisition of any other entity or acquisition by any other entity; recombination, establishment of or reconstruction into a joint-stock company or external investment; investment in a joint-stock company or investment company by fixed assets such as buildings, machines and equipment or intangible assets such as trademarks, patents, know-hows or land use rights, or the transaction of property right or business licenseright by lease, applying contracting, joint operation, custody or being applied for bankruptcy, dissolution, etc.any other means); (3) Material crisis For the change of the operation and finance equity, please see Paragraph 10 (1) of its controlling shareholders or other affiliated companies, which has influenced its normal operation; (4) Alterations of the legal representative, directors or major senior management of the Borrower, which have influenced its normal operation; (5) Material related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced its normal operation; (6) Any lawsuit, arbitration or criminal, administrative penalties which have caused material adverse effect on its operation or financial conditions; (7) Other material events which may influence its repayment abilities. 10. The Borrower warrants keeping the floating assets and net assets value during the loan term within the scope of ___, the liability ratio on assets within the scope of ___, and the assets floating ratio within the scope of ___. 11. As for the collection letter or collection document mailed off or delivered in other means by the Lender, the Borrower shall sign off and return the receipt to the Lender. 12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by the relationship between any Party hereto and any third party, unless otherwise required by this Contract.Article 23 hereof,

Appears in 1 contract

Samples: Working Capital Loan Contract (ECMOHO LTD)

Obligations of the Borrower. (1. To accurately ) The Borrower declares and faithfully provide undertake the documents following: 1) The Borrower has been registered under the relevant laws and materials which have been required exist legally. 2) The Borrower has obtained all necessary authorization regarding the execution of this Contract. 3) All documents, information, reports and vouchers provided by the Borrower to the Lender are accurate, true, complete and valid. (2) The Borrower agrees to accept and undertake to assist the daily management of the Loan by the Lender. The Borrower shall provide information relating to financial and operating status at the request of Lender and its loan servicing agents (if any), which include but not limited balance sheet, income statement and cash flow statements from previous quarter provided to the Lender and its loan servicing agents (if any), and all information concerning shall be responsible for the account opening banktruthfulness, account number completeness and the balance validity of deposits and loans, and cooperate with the Lender in investigations, examinations and inspectionsthese information; 2. To accept the supervision of the Lender concerning its usage of loan and relevant production, operation and financial activities. When the loan hereunder is used for project construction, cooperate in the Lender’s supervision and inspection on the project and timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lender; (3. ) The Borrower shall use the loan Loan for the purpose as agreed hereunder, and under this Contract which shall not misappropriate such loan for other purpose, such as in stock investment, in speculation of marketable securities, futures and real estates, etcbe misused. The Borrower shall not use such loan to participate the funds obtained from the Loan for investment in inter-enterprise debit stock and credit activities and other illegal activities restricted by the Statefutures market, nor divert directly or misappropriate the loan by other meansindirectly; (4. ) The Borrower shall fully accept and actively assist the Lender in the inspection and supervision of the Borrower’s operating and financial activities, and the status of the use of the Loan; (5) The Borrower shall repay the principal and interest of the loan on schedule according to Loan in accordance with date agreed under this Contract; 5. Without (6) The Borrower and its investors shall not withdraw their funds and transfer its assets to avoid its liability toward the Lender; (7) Prior to the full repayment of the Loan and its interest, without the prior written consent of by the Lender, the Borrower shall not transfer whole or part of provide guarantee using the debt hereunder assets generated from the Loan to any other third partyparties; 6. The Borrower shall bear all expenses relating to (8) During the tenure of this Contract, including without limitation in case where the fees of notarization, appraisal, valuation, registration and Borrower intends to provide guarantee to other third parties’ debts where such guarantee may affect the expenses for the Lender to realize its CreditorBorrower’s Right; 7. The Borrower shall not reduce its registered capital by any means; 8. In case of the occurrence of any of the following circumstancesrepayment ability under this Contract, the Borrower shall procure a prior written consent notify the Lender in writing and permission in advance; (9) In case where the guarantor under this Contract is being suspended from the Lenderoperation, out of business, revocation of registration, revocation of business licence, bankrupt, revoked or suffer from operating losses, and has loss part or all of its capacity as required by guarantor, or where the Lender, actively implement safeguard measures for making timely and full repayment collateral provided for the principal and interest of the loan and other fees hereunderLoan under this Contract has decreased in value, otherwisedamaged or missing, the Borrower shall be deemed as breaching this Contract, and notify the Lender shall be entitled or its loan servicing agents (if any) on a timely manner and to recover provide other form of guarantee as approved by the loan according to Article 11 hereof or take other measures: (1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / Lender; (210) Alteration During the tenure of material assets and property rights, and adjustment of operation mode and main management personnel ( including but not limited to entering into joint venture and cooperation contracts with foreign investors or investors from Hong Kong, Macao and Taiwan; revocation, closedown, cessation of operation and production transition; spin-off, coalition, merger, being acquired, acquisition; restructuring, establishment of and transformation to joint stock companies; purchase the stock or invest in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets or trademark, patent, proprietary technology, land use right and other intangible assets; carry out property rights and operation rights transactions by way of leasing, contracting, joint-cooperation and trusteeship; alterations of main management personnel, etc.); (3) In case of alterations of shareholders of the Borrower (including but not limited to share transfer, trusteeship, escrow, pledge, etc.)this Contract, the Borrower shall timely notify the Lender; Lender or its loan servicing agents (if any) in case of alteration of ___percent of where this is a change in the equity interestBorrower’s name, the prior written consent of the Lender shall be procured. 9. In case of the occurrence of any of the following circumstanceslegal representative, the Borrower shall immediately inform the Lenderaddress, and actively implement the safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder: (1) Occurrence of material financial losses, assets losses or other financial crisis; (2) Cessation area of business, being revoked or cancelled of business license, applying or being applied for bankruptcy, dissolutionregistered capital, etc.; (311) Material crisis During the tenure of this Contract, in case of an event sub-contracting, leasing, joint-stock reform, joint venture, consolidation, takeover, spin-off, joint investment, applying for suspension of business for reorganization, applying for dissolution, applying for bankruptcy, etc., by the Borrower which may or will affect the realization of the operation and finance of its controlling shareholders or other affiliated companies, which has influenced its normal operation; (4) Alterations of Lender’s claims to the legal representative, directors or major senior management of the Borrower, which have influenced its normal operation; (5) Material related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced its normal operation; (6) Any lawsuit, arbitration or criminal, administrative penalties which have caused material adverse effect on its operation or financial conditions; (7) Other material events which may influence its repayment abilities. 10. The Borrower warrants keeping the floating assets and net assets value during the loan term within the scope of ___, the liability ratio on assets within the scope of ___, and the assets floating ratio within the scope of ___. 11. As for the collection letter or collection document mailed off or delivered in other means by the LenderLoan, the Borrower shall sign off notify the Lender or its loan servicing agents (if any) in writing no less than 30 days prior to such event to obtain consent from the Lender and return to fulfil its responsibility for the receipt to repayment and guarantee of the Loan under this Contract as the request of the Lender. (12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by ) During the relationship between any Party hereto and any third party, unless otherwise required by tenure of this Contract, in case an event of suspension of business, out of business, revocation of registration, revocation of business licence, legal representative or principal person in charge engaging in illegal activities or involving in major litigation, experiencing operating difficulty, deterioration of financial status, etc., which has a major negative impact to the ability of the Borrower in the fulfilment of its obligations under this Contract, the Borrower shall notify the Lender or its loan servicing agents (if any) in writing immediately and to fulfil its responsibility for the repayment and guarantee of the Loan under this Contract at the request of the Lender. (13) The Borrower shall bear all the fees relating to legal services, insurance, valuation, registration, safekeeping, appraisal and notarization, etc. arising from this Contract and its related guarantees.

Appears in 1 contract

Samples: Trust Loan Contract (CHINA METRO-RURAL HOLDINGS LTD)

Obligations of the Borrower. 1. To accurately and faithfully provide the documents Documents and materials which have been required by the Lenderlender shall be truthfully provided (including account numbers of all opening banks, and all information concerning the account opening bank, account number and the balance of deposits and loans, utilization of relevant loans, assets, production and business activities, Internal management and other true information); 2. The financial statements of the previous month shall be provided to the Lender before the 20th day of each month, and the audited financial statements shall be provided to the Lender within 120 days after the end of each fiscal year, in a timely manner Provide its own changes and changes; 3. It shall accept and cooperate with the Lender lender in investigationsits use of credit funds and related production procedures Investigation, examinations supervision and inspections; 2. To accept the supervision inspection of the Lender concerning its usage of loan and relevant production, operation operations and financial activities. When the loan hereunder is used for project construction, cooperate in the Lender’s supervision and inspection on the project and timely take appropriate disposition measures concerning the suggestions and requirements put forward by the Lender; 3. The Borrower shall use the loan for the purpose as agreed hereunder, and shall not misappropriate such loan for other purpose, such as in stock investment, in speculation of marketable securities, futures and real estates, etc. The Borrower shall not use such loan to participate in inter-enterprise debit and credit activities and other illegal activities restricted by the State, nor divert or misappropriate the loan by other means; 4. Open relevant settlement accounts in Wuxi Xinzhi (Branch) Bank of Jiangsu Co., LTD., and handle domestic and foreign exchange settlement, settlement and sale at the Lender or its branches at least in accordance with the proportion of the total balance of borrowings under this contract and borrowings of the Borrower from other financial institutions Other intermediary business; 5. The Borrower loan shall fully repay be used in accordance with the purpose and manner agreed in this contract; 6. The principal and interest of the loan shall be repaid in full and on time as agreed in this Contract; 7. Prior to foreign investment, substantial increase in debt financing, merger, division, equity transfer, asset transfer and other major matters, it shall notify the lender in writing in advance and obtain the written consent of the lender, and fulfill the principal and interest of the loan on schedule according to under this Contract; 5. Without Contract as required by the prior written consent of the Lender, the Borrower shall not transfer whole or part of the debt hereunder to any third party; 6. The Borrower shall bear all expenses relating to this Contract, including without limitation the fees of notarization, appraisal, valuation, registration and the expenses lender Safeguard measures for the Lender to realize its Creditor’s Right; 7. The Borrower shall not reduce its registered capital by any meansrepayment of other related expenses; 8. In case A material adverse event occurs to the Borrower or guarantor affecting his solvency/guarantee ability The Lender shall be promptly notified of such event; 9. The total amount of security for the liabilities of a third party shall not exceed the net assets of the borrower Times; 10. If the Borrower is a Group customer, it shall, within 10 days from the date of the occurrence of any the affiliated transaction whose amount is more than 10% of the following circumstancesBorrower’s net assets, the Borrower shall procure submit a prior written consent from report to the Lender, and as required by the Lender, actively implement safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder, otherwise, the Borrower shall be deemed as breaching this Contract, and the Lender shall be entitled to recover the loan according to Article 11 hereof or take other measures: (1) The total amount of loan from banks and other third parties exceeds RMB / , or the total amount of debts exceeds RMB / , or the total amount of loan provided to third parties exceeds RMB / , or the total amount of security provided for the debts of third parties exceeds RMB / ; (2) Alteration of material assets and property rights, and adjustment of operation mode and main management personnel ( including but not limited to entering into joint venture the relevant relationship of the parties to the transaction, the items and cooperation contracts nature of the transaction, the transaction amount or corresponding Proportion and pricing basis (including transactions with foreign investors no amount or investors from Hong Kong, Macao and Taiwan; revocation, closedown, cessation of operation and production transition; spin-off, coalition, merger, being acquired, acquisition; restructuring, establishment of and transformation to joint stock companies; purchase the stock or invest in joint stock companies or investment companies with buildings, equipments and facilities and other fixed assets or trademark, patent, proprietary technology, land use right and other intangible assets; carry out property rights and operation rights transactions by way of leasing, contracting, joint-cooperation and trusteeship; alterations of main management personnel, etc.only a nominal amount); (3) In case of alterations of shareholders 11. Insure its property in relation to the loan as required by the lender, And identify the lender as the beneficiary of the Borrower (including but not limited to share transfer, trusteeship, escrow, pledge, etc.)insurance interest; 12. If this contract has been notarized by a notary office and is enforceable, the Borrower agrees to be executed The people’s court shall timely notify enforce the Lender; in case contract and waive the right of alteration of ___percent of the equity interest, the prior written consent of the Lender shall be procureddefense. 9. In case of the occurrence of any of the following circumstances, the Borrower shall immediately inform the Lender, and actively implement the safeguard measures for making timely and full repayment for the principal and interest of the loan and other fees hereunder: (1) Occurrence of material financial losses, assets losses or other financial crisis; (2) Cessation of business, being revoked or cancelled of business license, applying or being applied for bankruptcy, dissolution, etc.; (3) Material crisis of the operation and finance of its controlling shareholders or other affiliated companies, which has influenced its normal operation; (4) Alterations of the legal representative, directors or major senior management of the Borrower, which have influenced its normal operation; (5) Material related transactions between the Borrower and its controlling shareholders or other affiliated companies, which have influenced its normal operation; (6) Any lawsuit, arbitration or criminal, administrative penalties which have caused material adverse effect on its operation or financial conditions; (7) Other material events which may influence its repayment abilities. 10. The Borrower warrants keeping the floating assets and net assets value during the loan term within the scope of ___, the liability ratio on assets within the scope of ___, and the assets floating ratio within the scope of ___. 11. As for the collection letter or collection document mailed off or delivered in other means by the Lender, the Borrower shall sign off and return the receipt to the Lender. 12. The Borrower’s obligations hereunder shall be independent, and shall not be influenced by the relationship between any Party hereto and any third party, unless otherwise required by this Contract.

Appears in 1 contract

Samples: Working Capital Loan Contract (HUHUTECH International Group Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!