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) 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.)
