Common use of Preconditions of the Loan Clause in Contracts

Preconditions of the Loan. The Lender will be liable to provide loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Co., Ltd. have formally executed a equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's Company to the Shanghai Huitong Information Co., Ltd. 2.3 The Borrower, Lender and Borrower's Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's equity in the Borrower's Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, true, integrate, correct and un-misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's performance of the obligations hereunder, happens or threatens to happen.

Appears in 3 contracts

Samples: Loan Agreement (Linktone LTD), Loan Agreement (Linktone LTD), Loan Agreement (Linktone LTD)

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Preconditions of the Loan. The Lender will be liable to provide for the provision of the loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Mtone Wireless Telecommunication (Shanghai) Co., Ltd. have formally executed a equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's ’s Company to the Shanghai Huitong Information Mtone Wireless Telecommunication (Shanghai) Co., Ltd. 2.3 The Borrower, Lender and Borrower's ’s Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's ’s equity in the Borrower's ’s Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none no events of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, true, integrateaccurate, correct and un-not misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's ’s performance of the obligations hereunder, happens hereunder has occurred or threatens to happencould potentially occur.

Appears in 2 contracts

Samples: Loan Agreement (Mtone Wireless Corp), Loan Agreement (Mtone Wireless Corp)

Preconditions of the Loan. The Lender will be liable to provide loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Co., Ltd. have formally executed a equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's Company to the Shanghai Huitong Information Co., Ltd. 2.3 The Borrower, Lender and Borrower's Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per according to which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's equity in the Borrower's Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, be true, integrate, correct and un-misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's performance of the obligations hereunder, happens or threatens to happen.

Appears in 2 contracts

Samples: Loan Agreement (Linktone LTD), Loan Agreement (Linktone LTD)

Preconditions of the Loan. The Lender will be liable to provide loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Co., Ltd. [wholly owned subsidiary] have formally executed a equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's Company to the Shanghai Huitong Information Co., Ltd.[wholly owned subsidiary]. 2.3 The Borrower, Lender and Borrower's Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's equity in the Borrower's Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, true, integrate, correct and un-misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's performance of the obligations hereunder, happens or threatens to happen.

Appears in 1 contract

Samples: Loan Agreement (Linktone LTD)

Preconditions of the Loan. The Lender will be liable to provide loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Linktone Consulting Co., Ltd. have Ltd.have formally executed a equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's Company to the Shanghai Huitong Information Linktone Consulting Co., Ltd. 2.3 The Borrower, Lender and Borrower's Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per according to which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's equity in the Borrower's Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, be true, integrate, correct and un-misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's performance of the obligations hereunder, happens or threatens to happen.

Appears in 1 contract

Samples: Loan Agreement (Linktone LTD)

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Preconditions of the Loan. The Lender will be liable to provide loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Co., Ltd. have formally executed a an equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's Company to the Shanghai Huitong Information Co., Ltd. 2.3 The Borrower, Lender and Borrower's Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per according to which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's equity in the Borrower's Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, be true, integrate, correct and un-misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's performance of the obligations hereunder, happens or threatens to happen.

Appears in 1 contract

Samples: Loan Agreement (Linktone LTD)

Preconditions of the Loan. The Lender will be liable to provide loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Co., Ltd. Ltd have formally executed a equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's Company to the Shanghai Huitong Information Co., Ltd.Ltd . 2.3 The Borrower, Lender and Borrower's Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per according to which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's equity in the Borrower's Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, be true, integrate, correct and un-misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's performance of the obligations hereunder, happens or threatens to happen.

Appears in 1 contract

Samples: Loan Agreement (Linktone LTD)

Preconditions of the Loan. The Lender will be liable to provide loan to the Borrower in accordance with Section 1.1 when all of the following conditions are satisfied or are waived by the Lender in writing. 2.1 Subject to the terms of Section 1.2, the Lender receives the drawing notice formally issued by the Borrower. 2.2 The Lender, the Borrower and Shanghai Huitong Information Linktone Consulting Co., Ltd. have formally executed a equity pledge contract (the "Equity Pledge Contract"), by virtue of which the Borrower agrees to pledge all its equity in the Borrower's Company to the Shanghai Huitong Information Linktone Consulting Co., Ltd. 2.3 The Borrower, Lender and Borrower's Company have executed an exclusive purchase contract (the "Exclusive Purchase Contract"), as per according to which the Borrower shall grant the Lender an irrevocable option to purchase all of the Borrower's equity in the Borrower's Company, provided that it is permitted by laws of PRC. 2.4 The above-mentioned Equity Pledge Contract and Exclusive Purchase Contract are in full effectiveness, of which there is none of default event and all relevant filing procedures, approval, authorization, registration and governmental proceedings have been obtained or completed (if needed). 2.5 The representation and warranties under Section 3.2 are, and shall be, be true, integrate, correct and un-misleading, on the day of drawing notification and on the drawing day, just as the representation and warranties are made on such days. 2.6 The Borrower breaches none of its commitments under Section 4 and no event which will affect the Borrower's performance of the obligations hereunder, happens or threatens to happen.

Appears in 1 contract

Samples: Loan Agreement (Linktone LTD)

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