Other Rights and Obligations. 1. The Entrustor shall transfer the entrusted funds into its account for entrustment loans on a timely basis. The Lender will not commence disbursement procedures in accordance with the entrustment loan agreement and the loan contract etc. until the entrusted funds of the Entrustor have been deposited into its account for entrustment loans. 2. The funds for Entrustment Loan shall be obtained from legitimate sources and may not be credit-extending fund obtained from the Lender; otherwise the Entrustor shall bear legal liability correspondingly. 3. The Entrustor and the Borrower shall provide true materials, including, without limitation, documents, statements and certificates, required by the Lender. 4. The Borrower shall repay the principal of the Entrustment Loan and interest accrued thereon in the same currency as that of the Borrowing, unless otherwise agreed by the Entrustor and the Borrower. 5. The Entrustor shall be responsible for any pre-loan-extending investigation on the Borrower, the surety or the collaterals and make determination upon the Borrower and the surety or the collaterals after necessary analysis and evaluation. The scope of investigation shall include, without limitation, the purpose of the loan, basic information, credit standing, financial condition of the Borrower and the surety and any other things required to be investigated. 6. The Entrustor shall review the conditions for disbursement of the Entrustment Loan. Once the Loan is disbursed by the Lender, it shall be deemed that the Borrowing shall have satisfied all the conditions for disbursement required by the Entrustor . 7. The Entrustor shall be responsible for the collection of the Entrustment Loan, inspection of the use of the Entrustment Loan, understanding the operating activities and financial condition of the Borrower as well as any disputes and security in relation to any indebtedness of the Borrower. 8. Each of the Entrustor and the Lender shall have the right to monitor the use of the Borrowing by the Borrower. 9. The Entrustor shall be entitled to take measures, such as litigation or arbitration, in accordance with applicable law or this Agreement, to recover the principal and interest of the Loan, and the Lender shall give any assistance required for therefor. 10. The Borrower hereby irrevocably authorizes the Lender to debit from the bank account of the Borrower for repayment of the principal of the Entrustment Loan and the interest accrued thereon. 11. If the Borrower fails to repay any principal of the Loan or any interest accrued thereon as agreed under this Agreement, the Entrustor shall assume any Loan Risks in relation to the Entrustment Loan, and shall not require the Lender to assume any liability for reasons that the Lender fails to perform appropriate supervision, fails to promptly notify the Entrustor of any delay in repayment or any other reasons. Any dispute between the Entrustor and the Borrower shall be irrelevant to the Lender. 12. Unless otherwise agreed by the parties hereto, neither the Entrustor nor the Borrower may require the Lender to assume any other obligations or risks. 13. Where the Entrustor authorizes the Lender to initiate a lawsuit or arbitration on its behalf, it shall advance to the Lender the Expenses for the Enforcement of Obligations, including, without limitation, fees in relation to litigation, arbitration, asset preservation, application for enforcement, announcement, appraisal, evaluation, auction, sale, communication, travel and accommodation and disposal, as well as attorney’s fee.
Appears in 4 contracts
Samples: Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.), Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.), Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.)
Other Rights and Obligations. 1. The Entrustor shall transfer the entrusted funds into its account for entrustment entrusted loans on a timely basis. The Lender will not commence disbursement procedures in accordance with the entrustment loan agreement and the loan contract etc. until the entrusted funds of the Entrustor have been deposited into its account for entrustment entrusted loans.
2. The funds for Entrustment Entrusted Loan shall be obtained from legitimate sources and may not be credit-extending fund obtained from the Lender; otherwise the Entrustor shall bear legal liability correspondingly.
3. The Entrustor and the Borrower shall provide true materials, including, without limitation, documents, statements and certificates, required by the Lender.
4. The Borrower shall repay the principal of the Entrustment Entrusted Loan and interest accrued thereon in the same currency as that of the Borrowing, unless otherwise agreed by the Entrustor and the Borrower.
5. The Entrustor shall be responsible for any pre-loan-extending investigation on the Borrower, the surety or the collaterals and make determination upon the Borrower and the surety or the collaterals after necessary analysis and evaluation. The scope of investigation shall include, without limitation, the purpose of the loan, basic information, credit standing, financial condition of the Borrower and the surety and any other things required to be investigated.
6. The Entrustor shall review the conditions for disbursement of the Entrustment Entrusted Loan. Once the Loan is disbursed by the Lender, it shall be deemed that the Borrowing shall have satisfied all the conditions for disbursement required by the Entrustor Entrustor.
7. The Entrustor shall be responsible for the collection of the Entrustment Entrusted Loan, inspection of the use of the Entrustment Entrusted Loan, understanding the operating activities and financial condition of the Borrower as well as any disputes and security in relation to any indebtedness of the Borrower.
8. Each of the Entrustor and the Lender shall have the right to monitor the use of the Borrowing by the Borrower.
9. The Entrustor shall be entitled to take measures, such as litigation or arbitration, in accordance with applicable law or this Agreement, to recover the principal and interest of the Loan, and the Lender shall give any assistance required for therefor.
10. The Borrower hereby irrevocably authorizes the Lender to debit from the bank account of the Borrower for the necessary amount in repayment of the principal of the Entrustment Entrusted Loan and the interest accrued thereon.
11. If the Borrower fails to repay any principal of the Loan or any interest accrued thereon as agreed under this Agreement, the Entrustor shall assume any Loan Risks in relation to the Entrustment Entrusted Loan, and shall not require the Lender to assume any liability for reasons that the Lender fails to perform appropriate supervision, fails to promptly notify the Entrustor of any delay in repayment or any other reasons. Any dispute between the Entrustor and the Borrower shall be irrelevant to the Lender.
12. Unless otherwise agreed by the parties hereto, neither the Entrustor nor the Borrower may require the Lender to assume any other obligations or risks.
13. Where the Entrustor authorizes the Lender to initiate a lawsuit or arbitration on its behalf, it shall advance to the Lender the Expenses for the Enforcement of Obligations, including, without limitation, fees in relation to litigation, arbitration, asset preservation, application for enforcement, announcement, appraisal, evaluation, auction, sale, communication, travel and accommodation and disposal, as well as attorney’s fee.
Appears in 2 contracts
Samples: Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.), Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.)
Other Rights and Obligations. 1. The Entrustor shall transfer the entrusted funds into its account for entrustment loans on a timely basis. The Lender will not commence disbursement procedures in accordance with the entrustment loan agreement and the loan contract etc. until the entrusted funds of the Entrustor have been deposited into its account for entrustment loans.
2. The funds for Entrustment Loan shall be obtained from legitimate sources and may not be credit-extending fund obtained from the Lender; otherwise the Entrustor shall bear legal liability correspondingly.
3. The Entrustor and the Borrower shall provide true materials, including, without limitation, documents, statements and certificates, required by the Lender.
4. The Borrower shall repay the principal of the Entrustment Loan and interest accrued thereon in the same currency as that of the Borrowing, unless otherwise agreed by the Entrustor and the Borrower.
5. The Entrustor shall be responsible for any pre-loan-extending investigation on the Borrower, the surety or the collaterals and make determination upon the Borrower and the surety or the collaterals after necessary analysis and evaluation. The scope of investigation shall include, without limitation, the purpose of the loan, basic information, credit standing, financial condition of the Borrower and the surety and any other things required to be investigated.
6. The Entrustor shall review the conditions for disbursement of the Entrustment Loan. Once the Loan is disbursed by the Lender, it shall be deemed that the Borrowing shall have satisfied all the conditions for disbursement required by the Entrustor Entrustor.
7. The Entrustor shall be responsible for the collection of the Entrustment Loan, inspection of the use of the Entrustment Loan, understanding the operating activities and financial condition of the Borrower as well as any disputes and security in relation to any indebtedness of the Borrower.
8. Each of the Entrustor and the Lender shall have the right to monitor the use of the Borrowing by the Borrower.
9. The Entrustor shall be entitled to take measures, such as litigation or arbitration, in accordance with applicable law or this Agreement, to recover the principal and interest of the Loan, and the Lender shall give any assistance required for therefor.
10. The Borrower hereby irrevocably authorizes the Lender to debit from the bank account of the Borrower for repayment of the principal of the Entrustment Loan and the interest accrued thereon.
11. If the Borrower fails to repay any principal of the Loan or any interest accrued thereon as agreed under this Agreement, the Entrustor shall assume any Loan Risks in relation to the Entrustment Loan, and shall not require the Lender to assume any liability for reasons that the Lender fails to perform appropriate supervision, fails to promptly notify the Entrustor of any delay in repayment or any other reasons. Any dispute between the Entrustor and the Borrower shall be irrelevant to the Lender.
12. Unless otherwise agreed by the parties hereto, neither the Entrustor nor the Borrower may require the Lender to assume any other obligations or risks.
13. Where the Entrustor authorizes the Lender to initiate a lawsuit or arbitration on its behalf, it shall advance to the Lender the Expenses for the Enforcement of Obligations, including, without limitation, fees in relation to litigation, arbitration, asset preservation, application for enforcement, announcement, appraisal, evaluation, auction, sale, communication, travel and accommodation and disposal, as well as attorney’s fee.
Appears in 2 contracts
Samples: Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.), Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.)
Other Rights and Obligations. 1. The Entrustor shall transfer the entrusted funds into its account for entrustment entrusted loans on a timely basis. The Lender will not commence disbursement procedures in accordance with the entrustment loan agreement and the loan contract agreement etc. until the entrusted funds of the Entrustor have been deposited into its account for entrustment entrusted loans.
2. The funds for Entrustment Entrusted Loan shall be obtained from legitimate sources and may not be credit-extending fund obtained from the Lender; otherwise the Entrustor shall bear legal liability correspondingly.
3. The Entrustor and the Borrower shall provide true materials, including, without limitation, documents, statements and certificates, required by the Lender.
4. The Borrower shall repay the principal of the Entrustment Entrusted Loan and interest accrued thereon in the same currency as that of the Borrowing, unless otherwise agreed by the Entrustor and the Borrower.
5. The Entrustor shall be responsible for any pre-loan-extending investigation on the Borrower, the surety or the collaterals and make determination upon the Borrower and the surety or the collaterals after necessary analysis and evaluation. The scope of investigation shall include, without limitation, the purpose of the loan, basic information, credit standing, financial condition position of the Borrower and the surety and any other things required to be investigated.
6. The Entrustor shall review the conditions for disbursement of the Entrustment Entrusted Loan. Once the Loan is disbursed by the Lender, it shall be deemed that the Borrowing shall have been satisfied all the conditions for disbursement required by the Entrustor Entrustor.
7. The Entrustor shall be responsible for the collection of the Entrustment Entrusted Loan, inspection of the use of the Entrustment Entrusted Loan, understanding the operating activities and financial condition position of the Borrower as well as any disputes and security in relation to any indebtedness of the Borrower.
8. Each of the Entrustor and the Lender shall have the right to monitor the use of the Borrowing by the Borrower.
9. The Entrustor shall be entitled to take measures, such as litigation or arbitration, in accordance with applicable law or this Agreement, to recover the principal and interest of the Loan, and the Lender shall give provide any assistance required for therefor.
10. The Borrower hereby irrevocably authorizes the Lender to debit from the bank account of the Borrower for the necessary amount in repayment of the principal of the Entrustment Entrusted Loan and the interest accrued thereon.
11. If the Borrower fails to repay any principal of the Loan or any interest accrued thereon as agreed under this Agreement, the Entrustor shall assume any Loan Risks in relation to the Entrustment Entrusted Loan, and shall not require the Lender to assume any liability for reasons that the Lender fails to perform appropriate supervision, fails to promptly notify the Entrustor of any delay in repayment or any other reasons. Any dispute between the Entrustor and the Borrower shall be irrelevant to the Lender.
12. Unless otherwise agreed by the parties hereto, neither the Entrustor nor the Borrower may require the Lender to assume any other obligations or risks.
13. Where the Entrustor authorizes the Lender to initiate a lawsuit or arbitration on its behalf, it shall advance to the Lender the Expenses for the Enforcement of Obligations, including, without limitation, fees in relation to litigation, arbitration, asset preservationattorney fees, travel and accommodation, application for enforcement, announcement, appraisal, evaluation, auction, sale, communication, travel asset preservation and accommodation and disposal, as well as attorney’s fee.other expenses that necessary for the enforcement of obligations
Appears in 2 contracts
Samples: Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.), Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.)