Representations and Warranties of Party A. 6.1 (for authority) Party A, as a Chinese legal person or other organization, legally established in the People's Republic of China according to the laws of China, has the qualified capacities for civil rights to sign and perform this contract and the ability to independently bear civil liabilities. Party A was awarded the necessary and legal approval and authorization, internally or externally, to sign this agreement. (For individual) Party A, as a natural person, has the qualified capacities for civil rights and behavior to sign and perform this contract and the ability to independently bear civil liabilities. Party A has no overdue loans, debit interest, malicious overdraft of credit card and other bad credit history, and no criminal record. Party A is qualified with all the conditions for Guarantor in accordance with laws and regulations. 6.2 Party A fully understands and agrees to all terms of the principal contract, and confirms the authenticity of the businesses relating to the principal contract. Party A voluntarily gives priority to the debtor to the principal contract in providing guaranty. All the meaning of such party under this contract is true. Party A hereby commitments that Party A will bear his guaranty responsibilities in accordance with the contract even if the actual uses of such credit amount adopted by the debtor to the principal contract are discrepancy to the uses under the principal contract (including but not limited to repaying loan with loan). 6.3 Party A confirms that the guaranty provided will not be restricted or banned nor will cause any illegal situation. 6.4 All data and information provided by Party A are legality, truthfulness, accuracy, and integrally. Except for the information disclosed to Party B in written form, Party A has disclosed Party B with all other major liabilities (including contingent liabilities), default behavior, litigation, arbitration events or other significant issues, and other key assets-influenced cases that may affect the performance of this contract. 6.5 Party A confirms: in the event the debtor to the principal contract fails to perform due debts or the occurrence of the agreed Guarantor bearing the guaranty responsibilities, regardless Party B possess other guaranty (including but not limited to the debtor to the principal contract and/or a third person provide material guaranty, guaranty, letter of guaranty, standby letter of credit and guaranty modes) to the creditor’s rights under this contract, Party B shall have the right to directly request Party A in fulfilling his guaranty rights prescribed in the guaranty scope without exercising other guaranty rights in advance (including but not limited to priority procedure of material guaranty provided by the debtor to the principal contract and/or the third party); where the guaranty scope under this contract contains several creditor’s rights, Party B shall have the right to determine the discharge order and proportion to the creditor’s rights. 6.6 Where Party B abandons other guaranty rights (whether such guaranty is provided by the debtor or by a third party) for any reason or changes the order or contents of the aforesaid guaranty rights, and such actions cause any deprivation or decreasing of the priority of compensation under the aforesaid guaranty rights, Party A confirms that no guaranty responsibilities against Party B will be waived or decreased.
Appears in 3 contracts
Samples: Guaranty Contract of Maximum Amount (Highpower International, Inc.), Guaranty Contract of Maximum Amount (Highpower International, Inc.), Guaranty Contract of Maximum Amount (Highpower International, Inc.)
Representations and Warranties of Party A. 6.1 (for authority) Party A, as a Chinese legal person or other organization, legally established in the People's Republic of China according to the laws of China, has the qualified capacities for civil rights to sign and perform this contract and the ability to independently bear civil liabilities1. Party A was awarded knows clearly the necessary business scope, power and legal approval and authorization, internally or externally, to sign this agreement. (For individual) authorization of Party A, as a natural person, has the qualified capacities for civil rights and behavior to sign and perform this contract and the ability to independently bear civil liabilitiesB;
2. Party A has no overdue loans, debit interest, malicious overdraft read this Contract and all articles of credit card the Master Contract. Party B has made explanation on relevant articles of this Contract and other bad credit history, Master Contract as required by Party A. Party A has fully known and no criminal recordunderstood the meaning of all articles of this Contract and the Master Contract and the legal consequence thereon.
3. Party A is qualified with has the legal qualification to act as Guarantor. Party A’s guarantee under the Contract conforms to the provisions of the laws, administrative rules and regulations, and Articles of Association or internal organizational documents of Party A, and has obtained approvals from the competent internal organizations of Party A or the competent Chinese authorities. Any and all liabilities resulting from Party A’s liabilities of disqualification for entering into the Contract shall be assumed by Party A, including, but not limited to, indemnifying Party B against all the conditions for Guarantor in accordance with laws and regulationslosses sustained by Party B therefrom.
6.2 Party A fully understands and agrees to all terms of the principal contract, and confirms the authenticity of the businesses relating to the principal contract4. Party A voluntarily gives priority confirms that it has fully understood the information concerning the assets, debts, business, creditworthiness, and credit standing of the Debtor, whether the Debtor has the power and capacity to enter into the debtor to Master Contract all the principal contract in providing guaranty. All contents of the meaning of such party under this contract is trueMaster Contract.
5. Party A hereby commitments that Party A will bear his guaranty responsibilities in accordance with enjoys the contract even if ownership right or right to disposal of the actual uses of such credit amount adopted collaterals as confirmed by the debtor laws. The collaterals are not public facilities, or properties that are prohibited to be circulated or transferred according to the principal contract laws, and are discrepancy not involved in any title dispute.
6. There are no other co-owners with respect to the uses under the principal contract (collaterals, or although there are other co-owners, such mortgage or security has been approved in writing by such co-owners.
7. The collaterals have no defects or title encumbrance other than those have been disclosed in writing to Party B, including but not limited to repaying loan with loan)that the collaterals belong to articles prohibited for circulation, being seized, detained, under custody, rented, or under lien, or articles on which any purchase payment, repair fee, construction price, tax, fee for granting of land use right or damages compensation is delayed or articles having been pledged to secure any other third party’s interests.
6.3 Party A confirms that 8. All the guaranty provided will not be restricted or banned nor will cause any illegal situation.
6.4 All data and information relating to the collaterals provided by Party A are legality, truthfulness, accuracy, and integrally. Except for the information disclosed to Party B in written formare true, legal, complete and accurate.
9. The mortgage and guarantee provided by Party A has disclosed Party B with all other major liabilities (including contingent liabilities), default behavior, litigation, arbitration events will not infringe on any legal right and interest of any third party nor violate any legal obligation or other significant issues, and other key assets-influenced cases that may affect the performance of any obligation set forth in this contractContract.
6.5 Party A confirms: in the event the debtor to the principal contract fails to perform due debts or the occurrence of the agreed Guarantor bearing the guaranty responsibilities, regardless Party B possess other guaranty (including but not limited to the debtor to the principal contract and/or a third person provide material guaranty, guaranty, letter of guaranty, standby letter of credit and guaranty modes) to the creditor’s rights under this contract, Party B shall have the right to directly request Party A in fulfilling his guaranty rights prescribed in the guaranty scope without exercising other guaranty rights in advance (including but not limited to priority procedure of material guaranty provided by the debtor to the principal contract and/or the third party); where the guaranty scope under this contract contains several creditor’s rights, Party B shall have the right to determine the discharge order and proportion to the creditor’s rights.
6.6 Where Party B abandons other guaranty rights (whether such guaranty is provided by the debtor or by a third party) for any reason or changes the order or contents of the aforesaid guaranty rights, and such actions cause any deprivation or decreasing of the priority of compensation under the aforesaid guaranty rights, Party A confirms that no guaranty responsibilities against Party B will be waived or decreased.
Appears in 2 contracts
Samples: Maximum Amount Mortgage Contract (Asia Green Agriculture Corp), Maximum Amount Mortgage Contract (SMSA Palestine Acquistion Corp.)
Representations and Warranties of Party A. 6.1 (for authority) 1. Party A, as A is a Chinese legal person or other organization, unincorporated organization legally established in and validly existing under the laws of the People's ’s Republic of China according to the laws of China, has the qualified capacities capacity for civil rights to sign and perform this contract conduct necessary for signing and performing the ability to Contract, can independently bear civil liabilities, has independent property and assets and has the right to carry out business within the scope specified in its business license. Party A was awarded and the signatory signing the Contract on behalf of Party A have obtained all necessary and legal approval internal and authorization, internally or externally, to sign this agreement. (For individual) Party A, as a natural person, has external approvals and authorizations for signing the qualified capacities for civil rights and behavior to sign and perform this contract and the ability to independently bear civil liabilitiesContract. Party A has no overdue loans, debit interest, malicious overdraft shall ensure that the actual situation of credit card and other bad credit history, and no criminal record. Party A is qualified consistent with all the conditions for Guarantor in accordance with laws and regulationsregistered items.
6.2 Party A fully understands and agrees to all terms of the principal contract, and confirms the authenticity of the businesses relating to the principal contract. Party A voluntarily gives priority to the debtor to the principal contract in providing guaranty2. All the meaning of such party under documents related to this contract is true. Party A hereby commitments that Party A will bear his guaranty responsibilities in accordance with the contract even if the actual uses of such credit amount adopted by the debtor to the principal contract are discrepancy to the uses under the principal contract (including but not limited to repaying loan with loan).
6.3 Party A confirms that the guaranty provided will not be restricted or banned nor will cause any illegal situation.
6.4 All data and information provided by Party A are legality, truthfulness, accuracy, and integrally. Except for the information disclosed to Party B in written form, Party A has disclosed Party B with all other major liabilities (including contingent liabilities), default behavior, litigation, arbitration events or other significant issues, and other key assets-influenced cases that may affect the performance of this contract.
6.5 Party A confirms: in the event the debtor to the principal contract fails to perform due debts or the occurrence of the agreed Guarantor bearing the guaranty responsibilities, regardless Party B possess other guaranty (including but not limited to the debtor to trade background contract and other fund purpose certificates provided by Party A) and statements provided by Party A in accordance with laws and requirements of Party B are valid, legal, true, accurate and complete.
3. The signing and performance of the principal contract and/or Contract by Party A shall not violate the provisions of laws, regulations and other legally binding documents, shall not violate the Articles of Association of Party A, and shall not violate the contracts, agreements and other documents signed by Party A and a third person provide material guarantyparty. The representative of Party A signing the Contract and relevant documents has legally obtained the necessary authorization in accordance with laws and internal regulations of Party A, guaranty, letter of guaranty, standby letter of credit and guaranty modes) to the creditor’s rights under this contract, Party B shall have has the right to directly request sign the above-mentioned contracts or documents.
4. Except for the guarantee agreed in the Contract or agreed by Party B in writing, Party A in fulfilling his guaranty and the guarantor have not set up any other guarantee on the guaranteed assets provided by them under the Contract, and there is no other form of third party rights prescribed in the guaranty scope without exercising other guaranty rights in advance (including but not limited to priority procedure the establishment of material guaranty provided residence right and lease right on the mortgaged property, and the provision of pledge, mortgage or other guarantee to any third party) that damages the interests of Party B, nor any dispute or any ownership defect, such as situations or possibilities of being sealed up, detained, frozen or taken other compulsory measures; Party A has no records of unsettled non-performing loans, unsettled advances or unsettled interest arrears in the credit reference system of the People’s Bank of China. The actual controller of Party A and its guarantor have no overdue loans in the current credit reference system of the People’s Bank of China.
5. Except for the defaults and litigation, arbitration and administrative penalty proceedings which have been disclosed to Party B and approved by Party B, Party A does not have any other default event or potential default event, or any other ongoing or possible litigation, arbitration or administrative penalty procedure.
6. Party A guarantees to use the funds in strict accordance with the loan purpose agreed in the Contract, without short-term loans for long-term use, and guarantees not to invest the loan funds in securities, real estate, futures market, equity investment in any form, not to carry out on-lending and purchase of other financial products for arbitrage, not to be used in the areas prohibited by the debtor policy such as illegal fund raising, and not to misappropriate loans.
7. Party A guarantees that the principal contract and/or source of funds used to repay the third party)loan to Party B is legal and compliant.
8. Party A shall comply with the laws and regulations of Anti-Money Laundering Law of the People s Republic of China, and shall not participate in any illegal and criminal activities involving money laundering, terrorist financing and proliferation financing; where the guaranty scope under this contract contains several creditorParty A shall actively cooperate with Party B’s rightscustomer identification and due diligence, provide true, accurate and complete customer information, and comply with Party B’s anti-money laundering and anti-terrorist financing management regulations. Party B shall take necessary control measures in accordance with the regulations of the People’s Bank of China on anti-money laundering for customers who have the right reasonable grounds to determine the discharge order suspect that they are involved in money laundering and proportion to the creditor’s rightsterrorist financing.
6.6 Where 9. The online banking user name, login password, digital certificate, etc. of Party B abandons other guaranty rights (whether such guaranty is provided A and its authorized online banking operator are the security tools for Party A to confirm the identity when handling business on Party B’s online banking platform. Party A shall properly keep the above-mentioned security tools for identity confirmation. All operations conducted by using the debtor or by a third party) for any reason or changes the order or contents security tools including online banking user name, login password, digital certificate of the aforesaid guaranty rightsParty A and authorized online banking operators shall be deemed as Party A’s behavior, and such actions cause any deprivation or decreasing the electronic information records generated therefrom shall be taken as the valid evidence of the priority of compensation under the aforesaid guaranty rightsParty A’s operation, and Party A confirms that no guaranty responsibilities against Party B will shall be waived or decreasedliable for the consequences arising therefrom.
Appears in 1 contract
Samples: RMB Working Capital Loan Contract (WORK Medical Technology Group LTD)
Representations and Warranties of Party A. 6.1 (for authority) Party A, as a Chinese legal person or other organization, legally established in the People's Republic of China according to the laws of China, has the qualified capacities for civil rights to sign and perform this contract and the ability to independently bear civil liabilities1. Party A was awarded knows clearly the necessary business scope, power and legal approval and authorization, internally or externally, to sign this agreement. (For individual) authorization of Party A, as a natural person, has the qualified capacities for civil rights and behavior to sign and perform this contract and the ability to independently bear civil liabilitiesB;
2. Party A has no overdue loans, debit interest, malicious overdraft read this Contract and all articles of credit card the Master Contract. Party B has made explanation on relevant articles of this Contract and other bad credit history, the Master Contract as required by Party A. Party A has fully known and no criminal recordunderstood the meaning of all articles of this Contract and the Master Contract and the legal consequence thereon.
3. Party A is qualified with has the legal qualification to act as Guarantor. Party A’s guarantee under the Contract conforms to the provisions of the laws, administrative rules and regulations, and Articles of Association or internal organizational documents of Party A, and has obtained approvals from the competent internal organizations of Party A or the competent Chinese authorities. Any and all liabilities resulting from Party A’s liabilities of disqualification for entering into the Contract shall be burdened by Party A, including, but not limited to, indemnifying Party B against all the conditions for Guarantor in accordance with laws and regulationslosses sustained by Party B therefrom.
6.2 Party A fully understands and agrees to all terms of the principal contract, and confirms the authenticity of the businesses relating to the principal contract4. Party A voluntarily gives priority confirms that it has fully understood the information concerning the assets, debts, business, creditworthiness, credit standing of the Debtor, whether the Debtor has the power and capacity to enter into the debtor to Master Contract and all the principal contract in providing guaranty. All contents of the meaning of such party under this contract is trueMaster Contract.
5. Party A hereby commitments that Party A will bear his guaranty responsibilities in accordance with enjoys the contract even if ownership right or right to disposal of the actual uses of such credit amount adopted collaterals as confirmed by the debtor laws. The collaterals are not public facilities, or properties that are prohibited to be circulated or transferred according to the principal contract laws, and are discrepancy not involved in any title dispute.
6. There are no other co-owners with respect to the uses under the principal contract (collaterals, or although there are other co-owners, such mortgage or security has been approved in writing by such co-owners.
7. The collaterals have no defects or title encumbrance other than those have been disclosed in writing to Party B, including but not limited to repaying loan with loan)that the collaterals belong to articles prohibited for circulation, being seized, detained, under custody, rented, or under lien, or articles on which any purchase payment, repair fee, construction price, tax, fee for granting of land use right or damage compensation is delayed or articles having been pledged to secure any other third party’s interests.
6.3 Party A confirms that 8. All the guaranty provided will not be restricted or banned nor will cause any illegal situation.
6.4 All data and information relating to the collaterals provided by Party A are legality, truthfulness, accuracy, and integrally. Except for the information disclosed to Party B in written formare true, legal, complete and accurate.
9. The mortgage and guarantee provided Party A has disclosed will not infringe on any legal right and interest of any third party nor violate any legal obligation or any obligation set forth in this Contract. Party A (company seal): Party B with all other major liabilities (including contingent liabilitiescompany seal): Legal representative (person in charge) Person in charge Or authorized agent (signature) Or authorized agent (signature) March 19, 2009 March 19, 2009 (No text in this page), default behavior, litigation, arbitration events or other significant issues, and other key assets-influenced cases that may affect the performance of this contract.
6.5 Party A confirms: in the event the debtor to the principal contract fails to perform due debts or the occurrence of the agreed Guarantor bearing the guaranty responsibilities, regardless Party B possess other guaranty (including but not limited to the debtor to the principal contract and/or a third person provide material guaranty, guaranty, letter of guaranty, standby letter of credit and guaranty modes) to the creditor’s rights under this contract, Party B shall have the right to directly request Party A in fulfilling his guaranty rights prescribed in the guaranty scope without exercising other guaranty rights in advance (including but not limited to priority procedure of material guaranty provided by the debtor to the principal contract and/or the third party); where the guaranty scope under this contract contains several creditor’s rights, Party B shall have the right to determine the discharge order and proportion to the creditor’s rights.
6.6 Where Party B abandons other guaranty rights (whether such guaranty is provided by the debtor or by a third party) for any reason or changes the order or contents of the aforesaid guaranty rights, and such actions cause any deprivation or decreasing of the priority of compensation under the aforesaid guaranty rights, Party A confirms that no guaranty responsibilities against Party B will be waived or decreased.( company seal):
Appears in 1 contract
Samples: Maximum Amount Mortgage Contract (SMSA Palestine Acquistion Corp.)
Representations and Warranties of Party A. 6.1 (for authority) Party A, as a Chinese legal person or other organization, legally established in the People's Republic of China according to the laws of China, has the qualified capacities for civil rights to sign and perform this contract and the ability to independently bear civil liabilities1. Party A was awarded knows clearly the necessary business scope, power and legal approval and authorization, internally or externally, to sign this agreement. (For individual) authorization of Party A, as a natural person, has the qualified capacities for civil rights and behavior to sign and perform this contract and the ability to independently bear civil liabilitiesB;
2. Party A has no overdue loans, debit interest, malicious overdraft read this Contract and all articles of credit card the Master Contract. Party B has made explanation on relevant articles of this Contract and other bad credit history, the Master Contract as required by Party A. Party A has fully known and no criminal recordunderstood the meaning of all articles of this Contract and the Master Contract and the legal consequence thereon.
3. Party A is qualified with all has the conditions for Guarantor in accordance with laws legal qualification to act as Guarantor. Party A’s guarantee under the Contract conforms to the provisions of the laws, administrative rules and regulations.
6.2 , and Articles of Association or internal organizational documents of Party A, and has obtained approvals from the competent internal organizations of Party A fully understands or the competent Chinese authorities. Any and agrees to all terms liabilities resulting from Party A’s liabilities of disqualification for entering into the principal contractContract shall be burdened by Party A, and confirms the authenticity of the businesses relating to the principal contract. Party A voluntarily gives priority to the debtor to the principal contract in providing guaranty. All the meaning of such party under this contract is true. Party A hereby commitments that Party A will bear his guaranty responsibilities in accordance with the contract even if the actual uses of such credit amount adopted by the debtor to the principal contract are discrepancy to the uses under the principal contract (including including, but not limited to repaying loan with loan)to, indemnifying Party B against all the losses sustained by Party B therefrom.
6.3 4. Party A confirms that it has fully understood the guaranty provided will not be restricted or banned nor will cause any illegal situationinformation concerning the assets, debts, business, creditworthiness, credit standing of the Debtor, whether the Debtor has the power and capacity to enter into the Master Contract and all the contents of the Master Contract.
6.4 5. Party A enjoys the ownership right or right to disposal of the collaterals as confirmed by the laws. The collaterals are not public facilities, or properties that are prohibited to be circulated or transferred according to the laws, and are not involved in any title dispute.
6. There are no other co-owners with respect to the collaterals, or although there are other co-owners, such mortgage or security has been approved in writing by such co-owners.
7. The collaterals have no defects or title encumbrance other than those have been disclosed in writing to Party B, including, but not limited to, that the collaterals belong to articles prohibited for circulation, being seized, detained, under custody, rented, or under lien, or articles on which any purchase payment, repair fee, construction price, tax, fee for granting of land use right or damage compensation is delayed or articles having been pledged to secure any other third party’s interests.
8. All the data and information relating to the collaterals provided by Party A are legality, truthfulness, accuracy, and integrally. Except for the information disclosed to Party B in written formare true, legal, complete and accurate.
9. The mortgage and guarantee provided by Party A has disclosed will not infringe on any legal right and interest of any third party nor violate any legal obligation or any obligation set forth in this Contract. Party A (company seal): Party B with all other major liabilities (including contingent liabilities)company seal): Legal representative (person in charge) Person in charge Or authorized agent (signature) Or authorized agent (signature) February 27, default behavior2009 February 27, litigation, arbitration events or other significant issues, and other key assets-influenced cases that may affect the performance of this contract.
6.5 Party A confirms: in the event the debtor to the principal contract fails to perform due debts or the occurrence of the agreed Guarantor bearing the guaranty responsibilities, regardless Party B possess other guaranty (including but not limited to the debtor to the principal contract and/or a third person provide material guaranty, guaranty, letter of guaranty, standby letter of credit and guaranty modes) to the creditor’s rights under this contract, Party B shall have the right to directly request Party A in fulfilling his guaranty rights prescribed in the guaranty scope without exercising other guaranty rights in advance (including but not limited to priority procedure of material guaranty provided by the debtor to the principal contract and/or the third party); where the guaranty scope under this contract contains several creditor’s rights, Party B shall have the right to determine the discharge order and proportion to the creditor’s rights.
6.6 Where Party B abandons other guaranty rights (whether such guaranty is provided by the debtor or by a third party) for any reason or changes the order or contents of the aforesaid guaranty rights, and such actions cause any deprivation or decreasing of the priority of compensation under the aforesaid guaranty rights, Party A confirms that no guaranty responsibilities against Party B will be waived or decreased.2009
Appears in 1 contract
Samples: Maximum Amount Mortgage Contract (SMSA Palestine Acquistion Corp.)
