Representations and Warranties by Party B. Party B hereby represents and warrants to Party A as follows: 9.1 Party B is the owner, or the manager authorized by the State, of the Collaterals hereunder, and it has full rights to dispose the Collaterals. No dispute in respect of ownership, right to use, or right to operate and manage on the Collaterals is existing. Party B has obtained authorization or approvals necessary to the mortgages pursuant to procedures and authority as set forth in its articles of association, without any violation of laws, regulations and other provisions. 9.2 If it is a listed company or a subsidiary controlled by a listed company, it shall disclose the guarantees in a timely manner as required by the Securities Law, the Listing Rules of Stock Exchange, and other applicable laws, regulations and rules. 9.3 It is willing to create the mortgages in favor of the Debtor, and all of its intents hereunder is its true intends. 9.4 The Collaterals can be created with mortgages according to law without any limitations. 9.5 If there are defects on the Collaterals, such defects have been reasonably stated in any respect. 9.6 The Collaterals have not been sealed, seized or monitored. 9.7 If the Collaterals have been leased in part or whole, the mortgages have been well notified to the Lessee, and such lease has been notified to Party A in writing. 9.8 No mortgage has been created on the Collaterals in favor of other creditors; or such mortgage has been well notified to Party A in writing if any such mortgage was created. 9.9 The Collaterals are not co-owned, or the mortgages have been agreed on in writing by other co-owners if such Collaterals are co-owned.
Appears in 6 contracts
Samples: Working Capital Borrowing Contract (Sooner Holdings Inc /Ok/), Working Capital Borrowing Contract (Sooner Holdings Inc /Ok/), Working Capital Borrowing Contract (Sooner Holdings Inc /Ok/)
Representations and Warranties by Party B. Party B hereby represents and warrants to Party A as follows:
9.1 Party B is the owner, or the manager authorized by the State, of the Collaterals hereunder, and it has full rights to dispose the Collaterals. No dispute in respect of ownership, right to use, or right to operate and manage on the Collaterals is existingexists. Party B has obtained authorization or approvals necessary to the mortgages pursuant to procedures and authority as set forth in its articles of association, without any violation of laws, regulations and other provisions.
9.2 If it is a listed company or a subsidiary controlled by a listed company, it shall disclose the guarantees in a timely manner as required by the Securities Law, the Listing Rules of Stock Exchange, and other applicable laws, regulations and rules.
9.3 It is willing to create the mortgages in favor of the Debtor, and all of its intents hereunder is its true intends. For international/domestic trade financing, Party B acknowledged that the financing is based on true transaction without fraud.
9.4 The Collaterals can be created with mortgages according to law without any limitations.
9.5 If there are defects on the Collaterals, such defects have been reasonably stated in any respect.
9.6 The Collaterals have not been sealed, seized or monitored.
9.7 If the Collaterals have been leased in part or whole, the mortgages have been well notified to the Lessee, and such lease has been notified to Party A in writing.
9.8 No mortgage has been created on the Collaterals in favor of other creditors; or such mortgage has been well notified to Party A in writing if any such mortgage was created.
9.9 The Collaterals are not co-owned, or the mortgages have been agreed on in writing by other co-owners if such Collaterals are co-owned.
9.10 If the claim under this Contract is an international financing provided by Party A to Debtor, Party B accepts and agrees relevant international custom in connection with such business.
Appears in 2 contracts
Samples: Maximum Mortgage Contract (Kirin International Holding, Inc.), Maximum Mortgage Contract (Kirin International Holding, Inc.)