Common use of Party B’s Rights and Obligations Clause in Contracts

Party B’s Rights and Obligations. 9.1 Party B is entitled to request Party A to repay the principal, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of the loan considering the status of collection of sale proceeds of Party A. Party B may exercise any other rights hereunder and demand Party A to perform any other obligations hereunder. 9.2 Party B is entitled to engage in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) , sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for Party A’s large-amount financings; (3) the sale price and buyer of the assets shall be in compliance with the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B shall not bribe Party A or its employees, nor request any bribe or accept any bribe offered by Party A. 9.6 Party B shall not engage in any activity which is dishonest or will be detrimental to Party A’s lawful interests.

Appears in 6 contracts

Samples: RMB Loan Agreement (Applied Optoelectronics, Inc.), RMB Loan Agreement (Applied Optoelectronics, Inc.), RMB Working Capital Loan Agreement (Applied Optoelectronics, Inc.)

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Party B’s Rights and Obligations. 9.1 1. Party B, as the Lender of this Agreement, shall enjoy all of the entitlements and benefits as the Lender, and undertake all relevant obligations, liabilities and risks that the Lender shall undertake. 2. Party B shall independently inspect the feasibility of the Loan and compliance with the laws and regulations, the credit, repayment abilities, performance abilities of Party A and/or the guarantor, make its independent judgments, and independently undertake the risk of failure to recall the Loan on schedule and in full amount. 3. After the issuance of the Loan amount, Party B shall keep monitoring Party A’s use of the Loan, pay close attention to the operation, financial situation and repayment abilities of Party A, adopt immediate and proper measures when anything happens to Party A that may affect the realization of the Lender’s rights. Party B shall understand and agree that Party C does not have any of the above obligations. 4. Regardless of the repayment by Party A of the principal and interest on the Loan, and any existence of breach or illegal acts, or the invalidity of the Loan, Party B’s obligation to Party C under this Agreement shall not be affected. 5. Party B is entitled to request inspect and monitor the use of the Loan by Party A to repay the principalA, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of the loan considering the status of collection of sale proceeds of Party A. Party B may exercise any other rights hereunder and demand Party A to perform provide the financial accounting materials, production and operating materials, and keep confidential of the above materials, unless the laws and regulations, or authorities require otherwise. 6. After the due date of the Loan, Party B shall, as necessary, collect promptly, institute legal proceedings against Party A and guarantors promptly, apply for execution, apply for creditor’s right in bankruptcy proceedings and adopt any other obligations hereunderremedial measures permitted by the law, and not demand Party C to undertake the liability on the basis that Party C has an obligation to assist with recalling of the Loan. 9.2 7. The instructions from Party B to Party C shall be timely, explicit, complete and consistent, in accordance with the law and the terms of this Agreement, otherwise Party C is entitled to engage in Party A’s large-amount financing (The total amount of such financing refuse performing, and any consequences resulting therefrom shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) , sale born by Party B. Any legal consequences resulted from the performance by Party C of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement instructions shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for Party A’s large-amount financings; (3) the sale price and buyer of the assets shall be in compliance with the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused born by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 8. Party B shall not bribe demand Party A or its employeesC issue any deposit certificate on the entrusted amount. Even if Party C has issued deposit certificate on the entrusted amount in any form, nor request any bribe or accept any bribe offered by Party A. 9.6 Party B shall not engage in transfer or pledge the certificate or make any activity which is dishonest or will be detrimental disposition, and Party B shall return the said certificate to Party C before Party C issued to Loan to Party A’s lawful interests, and Party B shall not demand Party C to pay or undertake any legal obligations based upon the deposit certificate. 9. Any other rights and obligations by Party B as agreed upon under this Agreement.

Appears in 4 contracts

Samples: Loan Agreement (China Housing & Land Development, Inc.), Loan Agreement (China Housing & Land Development, Inc.), Loan Agreement (China Housing & Land Development, Inc.)

Party B’s Rights and Obligations. 9.1 11.1 Party B is entitled shall sign and return the receipt to request Party A to repay the principal, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of person serving the loan considering the status of collection of sale proceeds of documents sent or delivered by Party A. Party B may exercise any shall send the receipt in three days after receiving the reminder letter or other rights hereunder collection documents (including but not limited to those sent by post, telex, cable, facsimile and demand Email). 11.2 Party B shall undertake the guarantee liability in the scope as defined in this Agreement notwithstanding the changes to the Principal Agreement by Party A and the debtor which could be made without Party B’s permission unless the change would impose more guarantee liability on Party B (except the interest change in accordance with relevant regulations) 11.3 In case Party A transfer the principal creditor’s right to perform any other obligations hereunderthird person, then Party B shall continue to undertake the guarantee liability within the original scope. 9.2 11.4 Party B shall not provide the guarantee beyond its guarantee capability or dispose the asset in the ways that may jeopardize its guarantee capability, nor shall Party B cause any damage to Party A’s rights during the guarantee period. Party B is entitled obliged to engage submit Balance Sheet and the description of the guarantees provided to external parties, and regularly or occasionally provide Party A with the financial statements and other documents which can explain its real financial situation in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) , sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement shall be (1) (multiple choices are allowed)request. (1) 11.5 Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for directly ask Party A’s large-amount financings; (3) B to liquidate the sale price and buyer of debt under the assets Principal Agreement which is due or shall be repaid early according to relevant provisions if the debtor fails to repay the loan principal and interest in compliance accordance with the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Principal Agreement. Party B shall not bribe decline any reimbursement claim made by Party A or with any excuse and voluntarily waive its employees, nor request any bribe or accept any bribe offered right of defense as stipulated in Article 20 of The Guaranty Law of the People's Republic of China. 11.6 Party B agrees to assume the guarantee of joint and several liabilities as of the date when Party B receives written notification sent by Party A. 9.6 Party B shall not engage in any activity which is dishonest A concerning cancellation of this Agreement or will be detrimental early recovery of the creditor’s right according to Party A’s lawful intereststhe laws or provisions during the term of this Agreement.

Appears in 3 contracts

Samples: Maximum Guarantee Agreement (Birch Branch Inc), Maximum Guarantee Agreement (Birch Branch Inc), Maximum Guarantee Agreement (Birch Branch Inc)

Party B’s Rights and Obligations. 9.1 14.1 Party B is entitled shall have the right to request Party A to repay provide information relating to the principalloan under this contract. 14.2 Party B shall have the right to supervise and inspect the use of loans under this contract, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of the loan considering the status of collection of sale proceeds of know Party A. A’s business activities, financial situation, guarantee and disputes over creditor’s rights. 14.3 Party B may exercise any other rights hereunder and demand shall have the right to require Party A to perform any other obligations hereunderopen settlement accounts in Party B’s designated institutions and to monitor such accounts in accordance with the relevant provisions of this contract. 9.2 14.4 Party B is entitled shall have the right to engage participate in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTYscale financing, asset sales, mergers, separation, joint-FOUR MILLION or Foreign Exchange equivalent) stock reform, sale of assets, merger, split-up, stock-company restructuring, bankruptcy, bankruptcy liquidation and other activities for the purpose of protecting Party Bwithout violating laws, regulations and regulatory provisions to safeguard its creditor’s rights. The way(s) . 14.5 In the process of engagement shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for loan payment, if Party A’s large-amount financings; (3) credit condition drops, the sale price and buyer profitability of its main business is poor, the assets shall be loan funds are not used according to the agreed purpose or the loan funds are not paid in compliance accordance with the following: (5) other ways Party B deems fit. 9.3 agreed way, Party B shall advance have the Loan right to change the terms and methods of loan payment, or take measures such as provided herein unless stopping the delay or failure issuance and payment of loan funds, announcing the immediate maturity of all loans issued and recovering the principal and interest of loans issued in advancing advance. 14.6 If all the Loan is caused by any reason attributable to loan funds of Party A or any other reason that can not be attributed are withdrawn in advance before the maturity of the loan, Party B shall have the right to withdraw the loan in advance according to the withdrawal of funds of Party B.A. 9.4 14.7 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished information provided by Party A except otherwise provided and the information inquired by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B. Party B shall not bribe have the right to retain and use the information provided by Party A or its employees, nor request any bribe or accept any bribe offered and the information inquired by Party A. 9.6 B within the time limit stipulated by laws, regulations, supervision regulations and authorities (Party B shall not engage have the right to destroy the information beyond the time limit mentioned above); shall have the right to provide information in any activity which is dishonest or will be detrimental accordance with laws and regulations, regulatory provisions and compulsory orders of judicial organs; shall have the right to disclose the information to Party AB’s lawful interestsagents and cooperative agencies for the purpose of fulfilling this agreement, and to obtain the confidentiality promises of the agents and cooperative agencies. 14.8 During the validity period of this contract, when Party B changes its residence, it shall issue a notice of change of address in time.

Appears in 2 contracts

Samples: Working Capital Loan Contract (Chanson International Holding), Working Capital Loan Contract (Chanson International Holding)

Party B’s Rights and Obligations. 9.1 1. Party B shall strictly abide relevant national laws, regulations and industrial codes and conduct business according to laws. 2. Party B is entitled not allowed to request sell Party A’s products online in any form. 3. Party B is not allowed to sell Party A’s products beyond the scope of the distribution regions specified in this Agreement. 4. Party B may, before displaying and decorating Party A’s products, apply to Party A for display support. 5. In case of customized service needed, Party B shall enjoy a 20% discount of Party A’s market customization price. 6. Where Party B organizes medium and large-sized cycling activities, Party B can apply to repay Party A for in-kind sponsorship by submitting relevant materials. Party A shall, based on the principalscale of activity, interest accrued thereon provide in-kind sponsor service accordingly. 7. Party B shall submit all the publicity materials related to Party A’s products as printed by Party B to Party A for audit and expenses when dueParty B cannot print any of these materials without Party A’s written consent. Party B shall bear the fees of printing the above which shall never violate Chinese laws and regulations. Party B is not allowed to use the intellectual properties legally owned by Party A or any third party without the consent of Party A or relevant obligee, including but not limited to manage copyright. 8. Party B shall maintain the image and control the payment of loan amounts, to monitor on a real-time basis overall cash flows good reputation of Party A and to accelerate the maturity of the loan considering the status of collection of sale proceeds of Party A. Party B may exercise any other rights hereunder and demand Party A to perform any other obligations hereunder. 9.2 Party B is entitled to engage in Party A’s large-amount financing (The total amount products consciously. In course of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) selling the products regulated herein, sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) , without the permission of engagement shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out or relevant obligee, is not allowed to use any of the above activities; (2) Party B is entitled to arrange for Party A’s large-amount financings; (3) the sale price and buyer of the assets shall be in compliance with the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein unless the delay intellectual property or failure in advancing the Loan is caused product design legally owned by any reason attributable to Party A or any other reason that can not be attributed third party, such as patent, trademark, copyright and domain name; 9. Party B shall bear the loss resulting from or caused by its own commercial activities, legal activities and improper operation and management during the whole process of selling the products stated herein; 10. Party B shall, within ten working days upon receiving goods, examine the goods. In case of goods loss, destruction or inconsistent quality or quantity, Party B shall, within two working days upon the acceptance, send a written notice to Party B.A. The products supplied by Party A shall be viewed to have met the provisions of this Agreement if Party B fails to organize acceptance or send a written notice to Party A within the time limit above; 9.4 11. Party B, without Party A’s explicit written consent, is not allowed to continue distributing Party A’s products after this Agreement expires or is terminated or this Agreement is rescinded according to the provisions of this agreement. 12. Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B shall not bribe Party A or its employees, nor request any bribe or accept any bribe offered by Party A. 9.6 Party B shall not engage in any activity which is dishonest or will be detrimental to for Party A’s lawful interests's commercial secrets known through its activities as an agent.

Appears in 1 contract

Samples: Agency Agreement (Jakroo Inc.)

Party B’s Rights and Obligations. 9.1 Clause 11 11.1 Party B undertakes to release the proceeds in accordance with this Agreement and the execution of this Loan Agreement has been properly authorized in full force and effect. 11.2 Upon full performance of the designated obligations by Party A and the satisfaction of the conditions precedent, Party B should remit the amount it undertakes to Party A as scheduled. 11.3 Party B should not, without prior consent of Party A, divulge in any form any information obtained under or in connection with this Agreement concerning Party A’s liabilities, finance, production, operation, etc. to any other parties, except under the following conditions: 11.3.1 Disclosure is required by applicable law or regulation, or by any competent judicial, governmental, supervisory or regulatory body or the stock exchange in which Party B is entitled listed; 11.3.2 Disclosure in accordance with applicable law, rule and regulation to request relevant parties or third party is required if Party A B (i) transfers or assigns the debt under this Agreement to repay the principal, interest accrued thereon and expenses when due, a third party; (ii) engages a trust to manage the debt under this Agreement; and control (iii) conducts asset securitization exercise of which the payment debt under this Agreement is a part. 11.4 Party B shall announce its change of loan amounts, to monitor on a real-registered address in time basis overall cash flows while this Agreement is in effect. 11.5 The written consent of Party A is not required if Party B transfers or assigns its debt under this Agreement to a third party. Party B shall inform Party A of the assignment after the execution of debt assignment agreement. 11.6 All the repayment made by Party A (including the monies received by Party B according to this Agreement) shall be applied and settled of debt in the following order: (i) expenses in connection with the enforcement of the debt and guarantee; (ii) damage compensation; (iii) liquidated damages; (iv) compound interest; (v) penalty interest; (vi) interest; (vii) principal. Party B shall have the right to accelerate modify the maturity above order. 11.7 Party B has the right to examine the use of the loan considering proceeds by reviewing the status of collection of sale proceeds operation information of Party A. Party B may exercise any other rights hereunder and demand Party A to perform any other obligations hereunder. 9.2 Party B is entitled to engage in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) , sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for Party A’s large-amount financings; (3) the sale price and buyer of the assets shall be in compliance with the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B shall not bribe Party A or its employees, nor request any bribe or accept any bribe offered by Party A. 9.6 Party B shall not engage in any activity which is dishonest or will be detrimental to Party A’s lawful interests.

Appears in 1 contract

Samples: Loan Agreement (China Natural Resources Inc)

Party B’s Rights and Obligations. 9.1 14.1 Party B is entitled shall have the right to request Party A to repay provide information relating to the principalloan under this contract. 14.2 Party B shall have the right to supervise and inspect the use of loans under this contract, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of the loan considering the status of collection of sale proceeds of know Party A. A’s business activities, financial situation, guarantee and disputes over creditor’s rights. 14.3 Party B may exercise any other rights hereunder and demand shall have the right to require Party A to perform any other obligations hereunderopen settlement accounts in Party B’s designated institutions and to monitor such accounts in accordance with the relevant provisions of this contract. 9.2 14.4 Party B is entitled shall have the right to engage participate in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTYscale financing, asset sales, mergers, separation, joint-FOUR MILLION or Foreign Exchange equivalent) stock reform, sale of assets, merger, split-up, stock-company restructuring, bankruptcy, bankruptcy liquidation and other activities for the purpose of protecting Party Bwithout violating laws, regulations and regulatory provisions to safeguard its creditor’s rights. The way(s) . 14.5 In the process of engagement shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for loan payment, if Party A’s large-amount financings; (3) credit condition drops, the sale price and buyer profitability of its main business is poor, the assets shall be loan funds are not used according to the agreed purpose or the loan funds are not paid in compliance accordance with the following: (5) other ways Party B deems fit. 9.3 agreed way, Party B shall advance have the Loan right to change the terms and methods of loan payment, or take measures such as provided herein unless stopping the delay or failure issuance and payment of loan funds, announcing the immediate maturity of all loans issued and recovering the principal and interest of loans issued in advancing advance. 14.6 If all the Loan is caused by any reason attributable to loan funds of Party A or any other reason that can not be attributed are withdrawn in advance before the maturity of the loan, Party B shall have the right to withdraw the loan in advance according to the withdrawal of funds of Party B.A. 9.4 14.7 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished information provided by Party A except otherwise provided and the information inquired by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B. Party B shall not bribe have the right to retain and use the information provided by Party A or its employees, nor request any bribe or accept any bribe offered and the information inquired by Party A. 9.6 B within the time limit stipulated by laws, regulations, supervision regulations and authorities (Party B shall not engage have the right to destroy the information beyond the time limit mentioned above); shall have the right to provide information in any activity which is dishonest or will be detrimental accordance with laws and regulations, regulatory provisions and compulsory orders of judicial organs; shall have the right to disclose the information to Party AB’s lawful interestsagents and cooperative agencies for the purpose of fulfilling this agreement, and to obtain the confidentiality promises of the agents and cooperative agencies. 14.8 During the validity period of this contract, when Party B changes its residence, it shall issue a notice of change of address in time. 14.9 Party B shall have the right to carry out post-loan inspection and management of funds to prevent misappropriation of funds to be added to the hidden debt of the local government, Party A shall cooperate with Party B to carry out post-loan management. Once Party B finds that Party A misappropriates the fund to add to the hidden debt of the local government, Party B has the right to suspend or terminate the loan not issued by Party B at any time; for the loans already issued, Party B shall have the right to declare the immediate maturity of the loan and recover the principal and interest of the loan in advance.

Appears in 1 contract

Samples: Working Capital Loan Contract (Chanson International Holding)

Party B’s Rights and Obligations. 9.1 Clause 14 The rights and obligations of Party B 14.1 Party B undertakes that the execution of this Loan Agreement has been properly authorized in full force and effect. 14.2 Upon Party A’s full performance of its designated obligations under this Agreement as well as other agreements reached between Party A and Party B in connection with this Agreement and the satisfaction of the conditions precedent, Party B should remit the full amount it undertakes to Party B as scheduled. 14.3 Party B is obliged to keep the information obtained under or in connection with this Agreement concerning Party A’s liabilities, finance, production, operation, etc. secure and confidential and should not, without prior consent of Party A, divulge in any form any of the aforementioned information to any other parties, except under the following conditions: 14.3.1 Disclosure is required by applicable law or regulation, or by the relevant authority or the stock exchange in which Party B is listed; 14.3.2 Disclosure in accordance with applicable law, rule and regulation to relevant parties or third party is required if Party B (i) transfers or assigns the debt under this Agreement to a third party; (ii) engages a trust to manage the debt under this Agreement; and (iii) conducts asset securitization exercise of which the debt under this Agreement is a part. 14.4 Party B shall announce its change of registered address in time while this Agreement is in effect. 14.5 Party B is not obliged to obtain the written consent of Party A or notify Party A if it has to transfer or assign its debt under this Agreement to a third party. 14.6 All the repayment made by Party A (including the monies received by Party B according to this Agreement) shall be applied and settled of debt in the following order: (1) expenses in connection with the enforcement of the debt and guarantee; (2) damage compensation; (3) liquidated damages; (4) compound interest; (5) penalty interest; (6) interest; (7) principal. Party B shall have the right to modify the above order. 14.7 Party B has the right to conduct investigation and inspection of and supervision over Party A’s operation and guarantee provision as well as liability disputes involving Party A; Party B is entitled to request regularly monitor and evaluate the value of the collateral or require Party A, in case the guarantor’s ability to guarantee decline, to provide additional guarantee at any time. 14.8 Concerning the escrow account Party A to repay opens in accordance with this Agreement, Party B shall not sell important notes that can be used as means of payment such as checks, bank drafts, promissory notes, etc. or allow the principal, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity withdrawal or repayment of the loan considering under this Agreement to be handled in branches other than the status of collection of sale branch that shall disburse the loan proceeds of under this Agreement. Moreover, without Party A. Party B may exercise any other rights hereunder and demand B’s consent, Party A to perform any other obligations hereundershall only complete the withdrawal or repayment procedures over the counter of the bank instead of online. 9.2 14.9 Party B is entitled to engage demand an early repayment of the loan in accordance with the sales proceeds condition of Party A. 14.10 Party B has the right to participate in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) club deal loan, sale of assets, asset disposition and merger, splitspin-upoff, stock-company corporate restructuring, bankruptcywinding up exercises, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for Party A’s large-amount financings; (3) the sale price and buyer of the assets shall be in compliance with the following: (5) other ways Party B deems fitetc. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B shall not bribe Party A or its employees, nor request any bribe or accept any bribe offered by Party A. 9.6 Party B shall not engage in any activity which is dishonest or will be detrimental to Party A’s lawful interests.

Appears in 1 contract

Samples: Working Capital Loan Agreement (China Natural Resources Inc)

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Party B’s Rights and Obligations. 9.1 11.1 Party B is entitled shall sign and return the receipt to request Party A to repay the principal, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of person serving the loan considering the status of collection of sale proceeds of documents sent or delivered by Party A. Party B may exercise any shall send the receipt in three working days after receiving the reminder letter or other rights hereunder collection documents (including but not limited to those sent by post, telex, cable, facsimile and demand Email). 11.2 Party B shall undertake the guarantee liability in the scope as defined in this Agreement notwithstanding the changes to the Principal Agreement by Party A and the debtor which could be made without Party B’s permission unless the change would impose more guarantee liability on Party B (except the interest change in accordance with relevant regulations) 11.3 In case Party A transfer the principal Creditor’s right to perform any other obligations hereunderthird person, then Party B shall continue to undertake the guarantee liability within the original scope. 9.2 11.4 Party B shall not provide the guarantee beyond its guarantee capability or dispose the asset in the ways that may jeopardize its guarantee capability, nor shall Party B cause any damage to Party A’s rights during the guarantee period. Party B is entitled obliged to engage submit Balance Sheet and the description of the guarantees provided to external parties, and regularly or occasionally provide Party A with the financial statements and other documents which can explain its real financial situation in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) , sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement shall be (1) (multiple choices are allowed)request. (1) 11.5 Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for directly ask Party A’s large-amount financings; (3) B to liquidate the sale price and buyer of debt under the assets Principal Agreement which is due or shall be repaid early according to relevant provisions if the debtor fails to repay the loan principal and interest in compliance accordance with the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Principal Agreement. Party B shall not bribe decline any reimbursement claim made by Party A or with any excuse and voluntarily waive its employees, nor request any bribe or accept any bribe offered right of defense as stipulated in Article 20 of The Guaranty Law of the People's Republic of China. 11.6 Party B agrees to assume the guarantee of joint and several liabilities as of the date when Party B receives written notification sent by Party A. 9.6 Party B shall not engage in any activity which is dishonest A concerning cancellation of this Agreement or will be detrimental early recovery of the creditor’s right according to Party A’s lawful intereststhe laws or provisions during the term of this Agreement.

Appears in 1 contract

Samples: Maximum Amount Guarantee Agreement (Birch Branch Inc)

Party B’s Rights and Obligations. 9.1 I. Party B is entitled to request ask Party A to repay the principal, interest accrued thereon and expenses when due, charges of the loan in a timely way; is entitled to manage conduct management and control over the payment of the loan amounts, fund; is entitled to monitor on a real-time basis conduct dynamic supervision over Party A’s overall cash flows of Party A and flow; is entitled to accelerate the maturity of recover the loan considering the status ahead of collection of sale proceeds of time based on Party A. Party B may A’s fund return conditions; is entitled to exercise any other rights hereunder as specified in the Contract and demand ask Party A to perform any exercise other obligations hereunder.under the Contract; 9.2 II. Party B is entitled to engage participate in Party A’s large-amount wholesale financing (The i.e. a wholesale financing with total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION exceeding CNY_____ million or Foreign Exchange equivalent) equivalent amount in other currency), sale sales of assets, merger, split-upseparation, stock-company restructuringjoint stock reform, bankruptcy, liquidation and other activities for the purpose of protecting liquidation, etc. in order to safeguard Party B’s rightscreditor’s right. The way(s) For the specific way of engagement shall be (such participation, refer to the following / ; 1) (multiple choices are allowed) (1) . Party A shall seek should get Party B’s prior written consent before carrying out any of the above aforesaid activities; (2) . Party B is entitled to shall arrange any wholesale financing for Party A’s large-amount financings; (3) . Party A should comply with the sale following provisions in term of price and buyer in sales of the assets its assets: 5. Other measures which should be taken in Party B’s opinion. III. The loan shall be in compliance with released according to the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein Contract unless the delay loan release fails or failure in advancing the Loan is caused by any reason delayed due to Party A’s fault or other fault not attributable to Party A or any other reason that can not be attributed to Party B.A; 9.4 Party B shall keep confidential the relevant IV. The financial documents information and manufacturing business secret in connection with production and operating trade secrets operation furnished by Party A should be kept confidential except that there is otherwise provided by the lawsprovisions of law and regulations, regulations and rules, or required otherwise requirement by the competent authorities, authority or agreed otherwise agreement between the parties hereto.two Parties; 9.5 V. Party B shall must not bribe ask Party A or and its employees, nor request any staff for bribe or extortion or accept any bribe offered by Party A.its bride; 9.6 VI. Party B shall must not engage be in bad faith or perform any activity which is dishonest or will be detrimental action harmful to Party A’s lawful interestslegal interest.

Appears in 1 contract

Samples: Renminbi Working Capital Loan Contract (China Water Group, Inc.)

Party B’s Rights and Obligations. 9.1 11.1 Party B is entitled shall sign and return the receipt to request Party A to repay the principal, interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of person serving the loan considering the status of collection of sale proceeds of documents sent or delivered by Party A. Party B may exercise any shall send the receipt in three days after receiving the reminder letter or other rights hereunder collection documents (including but not limited to those sent by post, telex, cable, facsimile and demand Email). 11.2 Party B shall undertake the guarantee liability in the scope as defined in this Agreement notwithstanding the changes to the Principal Agreement by Party A and the debtor which could be made without Party B’s permission unless the change would impose more guarantee liability on Party B (except the interest change in accordance with relevant regulations) 11.3 In case Party A transfer the Primary creditor’s right to perform any other obligations hereunderthird person, then Party B shall continue to undertake the guarantee liability within the original scope. 9.2 11.4 Party B shall not provide the guarantee beyond its guarantee capability or dispose the asset in the ways that may jeopardize its guarantee capability, nor shall Party B cause any damage to Party A’s rights during the guarantee period. Party B is entitled obliged to engage submit Balance Sheet and the description of the guarantees provided to external parties, and regularly or occasionally provide Party A with the financial statements and other documents which can explain its real financial situation in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) , sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement shall be (1) (multiple choices are allowed)request. (1) 11.5 Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled to arrange for directly ask Party A’s large-amount financings; (3) B to liquidate the sale price and buyer of debt under the assets Principal Agreement which is due or shall be repaid early according to relevant provisions if the debtor fails to repay the loan principal and interest in compliance accordance with the following: (5) other ways Party B deems fit. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Principal Agreement. Party B shall not bribe decline any reimbursement claim made by Party A or with any excuse and voluntarily waive its employees, nor request any bribe or accept any bribe offered right of defense as stipulated in Article 20 of The Guaranty Law of the People's Republic of China. 11.6 Party B agrees to assume the guarantee of joint and several liabilities as of the date when Party B receives written notification sent by Party A. 9.6 Party B shall not engage in any activity which is dishonest A concerning cancellation of this Agreement or will be detrimental early recovery of the debt according to Party A’s lawful intereststhe laws or provisions during the term of this Agreement.

Appears in 1 contract

Samples: Maximum Guarantee Agreement (Birch Branch Inc)

Party B’s Rights and Obligations. 9.1 7.1 If Party A satisfies Party B’s approval condition for granting a loan, Party B is shall grant the loan to Party A pursuant to the agreement reached herein; 7.2 Upon the effectiveness of this contract, Party B may transfer to a third party its claims hereunder in whole or in part, and shall be entitled to notify Party A of the transfer in a way it deems appropriate, including but not limited to fax, delivery by post, delivery by hand, announcement on public media and etc; 7.3 Party B shall keep confidential Party A’s trade secrets or information about management, business operation, finance and etc that needs to be kept confidential according to Party A’s written requirements, unless otherwise prescribed by laws, rules and regulations or required by supervising authorities; 7.4 Party B shall be entitled to request Party A to repay the principal, principal plus interest accrued thereon and expenses when due, to manage and control the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of the loan considering the status of collection of sale proceeds of in full as scheduled, and shall also be entitled to directly withhold and deduct Party A. A’s savings deposited in its accounts opened at Party B may exercise any as well as all other rights hereunder and demand operating agencies of Hankou Bank, to repay the matured debts under this contract; Party B shall be entitled to request Party A to perform any other obligations hereunder. 9.2 Party B is entitled to engage in use the loan for the purpose as agreed herein, and supervise Party A’s large-amount financing (The total amount use of such financing the loan; Party B shall have the right to know Party A’s manufacture, business operation and financial activities, and request Party A to provide information relevant to the loan; 7.5 Party B shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) entitled to request Party A to regularly report and summarize the information about the use of the loan hereunder, sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement B shall be (1) (multiple choices are allowed) (1) entitled to review whether the use of the loan hereunder is consistent with the agreements reached herein through account analysis, voucher verification, on-site investigation and etc, during the process of which Party A shall seek Party B’s prior written consent before carrying out any of the above activitiesgive unconditional assistance and cooperation; (2) Party B is entitled to arrange for Party A’s large-amount financings; (3) the sale price 7.6 Other rights and buyer of the assets shall be in compliance with the following: (5) other ways Party B deems fitobligations as agreed herein. 9.3 Party B shall advance the Loan as provided herein unless the delay or failure in advancing the Loan is caused by any reason attributable to Party A or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B shall not bribe Party A or its employees, nor request any bribe or accept any bribe offered by Party A. 9.6 Party B shall not engage in any activity which is dishonest or will be detrimental to Party A’s lawful interests.

Appears in 1 contract

Samples: RMB Loan Agreement (Wuhan General Group (China), Inc)

Party B’s Rights and Obligations. 9.1 15.1 Party B’s rights (1) Party B is entitled has the right to request Party A to repay issue the principal, interest accrued thereon and expenses when due, to manage and control loans as agreed in the payment of loan amounts, to monitor on a real-time basis overall cash flows of Party A and to accelerate the maturity of the loan considering the status of collection of sale proceeds of Party A. Party B may exercise any other rights hereunder and demand Party A to perform any other obligations hereunderContract. 9.2 Party B is entitled to engage in Party A’s large-amount financing (The total amount of such financing shall be more than RMB SEVENTY-FOUR MILLION or Foreign Exchange equivalent) , sale of assets, merger, split-up, stock-company restructuring, bankruptcy, liquidation and other activities for the purpose of protecting Party B’s rights. The way(s) of engagement shall be (1) (multiple choices are allowed) (1) Party A shall seek Party B’s prior written consent before carrying out any of the above activities; (2) Party B is entitled has the right to arrange for Party A’s large-amount financings;use all loans as agreed in the Contract. (3) Other rights specified in laws and agreed in the sale price and buyer Contract. 15.2 Party B’s obligations (1) Party B should truthfully provide all documents required by Party A within three working days since the reception of the assets shall be notice from Party A, and cooperate with Party A for investigation, examination and inspection. (2) Party B should accept the supervision from Party A for loan use, relevant fund use, production & operation and financial activities. (3) Party B should use the loans as agreed in compliance with the following:Contract. (4) Party B should repay the loan principal and interest at a full amount as agreed in the Contract. (5) other ways Party B deems fitshould provide Party A with the copy of the financial statement (including the annexed tables) at the latest within thirty days after the end of each natural quarter. 9.3 (6) Party B shall advance should provide the Loan as copy of the financial statement (including the annexed tables) for last year at the latest before April 30 of each year, and should ensure that the financial statement provided herein unless thereby is prepared according to laws & regulations and accounting standards. (7) The financial statement or the delay copies of other documents provided by Party B should be stamped with the corresponding official seal. (8) Party B should not neglect management or failure press for the payment of due credit, or dispose the properties owned thereby freely or improperly or at a price obviously lower than the market price. (9) Party B should not involve in advancing the Loan is caused by any reason attributable to Party A dismission, liquidation or any other reason that can not be attributed to Party B. 9.4 Party B shall keep confidential behavior influencing the relevant financial documents and manufacturing and operating trade secrets furnished by Party A except otherwise provided by the laws, regulations and rules, or required by the competent authorities, or agreed between the parties hereto. 9.5 Party B shall not bribe Party A or its employees, nor request any bribe or accept any bribe offered by realization of creditor’s rights of Party A. 9.6 (10) In case of any one of the following conditions, Party B shall not engage A should immediately inform Party A in any activity which is dishonest or will be detrimental a written form and cooperate with Party A to implement the guarantee measures for the scheduled full-amount payment of the interests of the loan under the Contract and other expenses incurred according to Party A’s lawful interestsrequirements. Meanwhile, Party A has the right to directly stop loan issuance and unilaterally terminate the Contract as well as announce the accelerated expiry of the loan, and Party B should not have any objection thereupon. A Party B involves in any default behavior. B Party B suffers from significant financial loss, asset loss or other financial crises. C Party B involves in such alteration matters as consolidation (or merger), separation, reorganization, joint venture (or cooperation), capital reduction, transfer of major property rights and shareholding reform. D Party B suffers from business cessation, business license revoking or cancellation or dismission, or applies or is requested for bankruptcy, etc. E The business or financial conditions of the controlling shareholders and other affiliated companies of Party B are caught in significant crisis, thus influencing the normal operation of Party B. F Party B has major connected transaction with the controlling shareholders and other affiliated companies thereof, thus influencing the normal operation thereof. G Any significant lawsuit, arbitration, administrative procedure, executive procedure of judicial or administrative organization or other similar legal procedures, with the amount involved equal to or above [ten million] Yuan, is proposed to Party B or is proposed by Party B to others. H Party B changes the business scope, the legal representative, etc.; any important asset of Party B has involved in any compulsory execution, sealed up, detained, retained, supervised or disposed similarly. I Party B’s debt under any other loan financing agreement or similar agreement is due but unpaid, or such debt is announced and required to be repaid before the specified expiry date. J Party B involves in other major events probably influencing the debt paying ability thereof. (11) In case the warrantor of the loan involves in any one of the following conditions and Party A believes that such condition may influence the warrantor’s guarantee capability, Party B should strengthen or replace the guarantee measures as required by Party A. meanwhile, Party A has the right to directly stop loan issuance and unilaterally terminate the Contract as well as announce the accelerated expiry of the loan, and Party B should not have any objection thereupon. A The warrantor suffers from significant financial loss, asset loss or other financial crises, or involves in significant dispute, lawsuit, administrative penalty, criminal investigation, etc. B The warrantor involves in such alteration matters as consolidation (or merger), separation, reorganization, joint venture (or cooperation), capital reduction, transfer of major property rights and shareholding reform. C The warrantor suffers from business cessation, business license revoking or cancellation or dismission, or applies or is requested for bankruptcy, etc. D The business or financial conditions of the controlling shareholders and other affiliated companies of the warrantor are caught in significant crisis, thus influencing the normal operation of Party B. E The warrantor has major connected transaction with the controlling shareholders and other affiliated companies thereof, thus influencing the normal operation thereof F The warrantor involves in any lawsuit, arbitration or criminal, or administrative penalty bringing significant adverse consequences to the business or financial conditions thereof. G The warrantor changes the business scope, the legal representative, etc. H The warrantor has concealed the actual capability for bearing the guarantee responsibility when signing the guaranty contract or issuing the guarantee letter, or the internal approval for loan guarantee is not obtained, or the authorization (if needed) is not obtained from relevant organization. I Party B neglects management or presses for the payment of due credit, or disposes the properties owned thereby freely or improperly or at a price obviously lower than the market price. J Any important asset of the warrantor has involved in any compulsory execution, or has been sealed up, detained, retained, supervised or disposed similarly. K The warrantor involves in other major events probably influencing the debt paying ability thereof. (12) In case the pledgor or the pledged property involves in any one of the following conditions and Party A believes that the pledge may not be available or the pledged property may be devaluated, Party B should strengthen or replace the guarantee measures as required by Party A. Meanwhile, Party A has the right to directly stop loan issuance and unilaterally terminate the Contract as well as announce the accelerated expiry of the loan, and Party B should not have any objection thereupon. A The pledgor does not have the ownership or the disposition right of the pledged property, or the ownership is disputed, or the internal approval for the pledge guarantee of the loan is not obtained, or the authorization (if needed) is not obtained from relevant organization, or the pledged property involves in dispute, lawsuit, administrative penalty, criminal investigation, etc. B The pledgor conceals the facts that the pledged property has been co-owned, rented, sealed off or supervised, or has legal priority superior to the mortgage, etc. C The pledgor optionally transfers, rents, re-pledges or disposes the pledged property through other improper methods. D The pledged property is obviously devaluated due to the pledgor’s behavior; or the pledged property is directly endangered due to the pledgor’s behavior and is accordingly devaluated; or the pledgor fails to insure the pledged property as required by Party A; the pledged property is obviously devaluated due to any other cause. (13) In case the mortgager or the hypothecated property involves in any one of the following conditions and Party A believes that the mortgage may not be available or the hypothecated property may be devaluated, Party B should strengthen or replace the guarantee measures as required by Party A. Meanwhile, Party A has the right to directly stop loan issuance and unilaterally terminate the Contract as well as announce the accelerated expiry of the loan, and Party B should not have any objection thereupon. A The mortgager does not have the ownership or the disposition right of the mortgaged property, or the ownership is disputed, or the internal approval for the mortgage guarantee of the loan is not obtained, or the authorization (if needed) is not obtained from relevant organization, or the mortgaged property involves in dispute, lawsuit, administrative penalty, criminal investigation, etc. B The mortgager conceals the facts that the mortgaged property has been co-owned, rented, sealed off or supervised, or has legal priority superior to the mortgage, etc. C The mortgager optionally transfers, rents, mortgages or disposes the mortgaged property through other improper methods. D The mortgaged property is obviously devaluated due to the mortgager’s behavior; or the mortgaged property is directly endangered due to the mortgager’s behavior and is accordingly devaluated; or the mortgager fails to insure the mortgaged property as required by Party A; the mortgaged property is obviously devaluated due to any other cause. (14) Other obligations specified in laws and agreed in the Contract or the cooperation document.

Appears in 1 contract

Samples: Trust Loan Contract (Kingold Jewelry, Inc.)

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