Rights and Obligations of Each Party. 11.1 Party A shall have the right to withdraw and use the loan in accordance with the provisions herein.
11.2 Party A must repay the principal and interest of the loan in accordance with the provisions herein.
11.3 Party B shall have the right to learn, supervise and review Party A’s operations, use of the loan and the related party transactions.
11.4 Party B shall have the right to pursue Party A according to the law for any insufficient part if the proceeds from disposing of Party B’s pledged or mortgaged items or properties are insufficient toward the repayment of the loan within the scope of the guarantee hereunder.
11.5 Upon the fulfillment by Party A of the obligations provided herein and the satisfaction by Party A of the preconditions specified herein for loan withdrawal, Party B must release the amount of loan in full according to the schedule.
11.6 Party B shall have the right to request Party A to provide additional documents necessary for the approval of the loan release; however Party B must maintain confidential all information, documents and material provided by Party A, except for any inquiry or disclosure as required by or in accordance with provisions of the law and statutes.
Rights and Obligations of Each Party. Rights and Obligations of Party A: Party A has the rights and obligations as follows: Party A shall officially hand over the premises to party B within 30 days from the date of signing this contract and receiving the security deposit from party B. To ensure the legality of the business cooperation. To represent that the Business Cooperation is to be responsible for the legal liability of business activities of business cooperation unit To contact the relevant agencies for necessary assistance to ensure the security and order at the BCC. To ensure the full provision of electric, water, [ ] to the BCC. To take part in the operation and management of the BCC; check and supervise business activities to detect timely errors to give solution. To enjoy profit as provided for at Article 8 of this Contract. To represent the unit to pay the taxes and other obligations of the unit in accordance with provisions of State. Rights and Obligations of Party B: Party B has rights and obligations as follows:
3.2.1 To invest in the total capital for purchasing and/or leasing equipment, machinery of the business cooperation unit including working capital. Party B shall take legal liability for all the procedures of import and export of machinery and equipment which party B has purchased or leased including the precision of the purchase or lease price as well as the documents, information having been declared to Customs and the quality of the imported machinery (machinery is brand new and of latest models). To invest capital for designing, renovating and repairing, decorating the premises… of the business cooperation unit. To design and execute the work of renovating the premises in accordance with the model of operation. All the design of renovating the premises must be approved by party A before the commencement of the work. To make the security deposit as provided for in Article 5 and payment of depreciation of the premises, electric, water, telephone charges on time to party A. To have the right to recover the depreciation of fixed assets (deducting the depreciation of premises) in accordance with provisions of the State. To enjoy profit as provided for in Article 8 of this Contract. To be responsible for managing, conducting the business in accordance with the business purposes, plans agreed by both parties. To pay taxes and obligations on Party B’s income earned from the cooperation unit in accordance with the regulations of the State. Party B is not allowed to use the pr...
Rights and Obligations of Each Party. 10.1 Party A’s rights and obligations: Party A shall
10.1.1 draw and use the loan according to the time limits and purpose provided in this Contract;
10.1.2 not pre-repay the loan without Party B’s written consent;
10.1.3 accept Party B’s investigation into and supervision over the use of the loan under this Contract;
10.1.4 cooperate actively with Party B in its investigation into and supervision over relevant production, operation, project construction and financial conditions, assume the obligations to provide Party B with the relevant statements and materials such as profit and loss statements and balance sheets for each period;
10.1.5 support Party B in its involvement in the review of the “three matters” (budgetary estimate, budgeting and final accounting) for the financed project, project tendering and inspection and acceptance upon completion and relevant matters;
10.1.6 repay the principal and interests of the loan under this Contract according to the provisions in this Contract;
10.1.7 bear the relevant costs incurred under this Contract, including but not limited to the fees for matters such as notarization, appraisal, evaluation and registration;
10.1.8 in respect of the collection letter(s) or collection documents posted or otherwise delivered by Party B, send out the return receipt within 3 days upon receipt and signature;
10.1.9 IN CASE PARTY A HAS CARRIED OUT A CONTRACTING OUT OF THE WHOLE BUSINESS, RESTRUCTURE OF SHAREHOLDING, CONSOLIDATION, MERGER, ACQUISITION, JOINT VENTURE, SEPARATION, CAPITAL REDUCTION, CHANGE IN SHAREHOLDING, TRANSFER OF MAJOR ASSETS AND OTHER ACTS WHICH MAY AFFECT PARTY B’S RIGHTS AND INTERESTS, NOTIFY PARTY B WITH A 30 DAYS PRIOR NOTICE AND OBTAIN PARTY B’S WRITTEN CONSENT, OR NO AFORESAID ACT SHALL BE CARRIED OUT BEFORE ALL THE DEBTS HAVE BEEN REPAID;
10.1.10 notify Party B in writing any change of the registered matters with the industry and commerce bureau including domicile, address, business scope and legal representative within 7 days after change of the relevant matters;
10.1.11 notify Party B in writing any other occurrences which may endanger its normal operation or has significant adverse consequences on its performance of repayment obligations under this Contract, including but not limited to involving in major economic disputes, bankruptcy, deterioration of financial conditions; and
10.1.12 in case of business close-down, dissolution, suspension for rectification, business license revocation or cancellat...
Rights and Obligations of Each Party. 2.1 Party A’s Rights and Obligations
2..1.1 Party A warrants the data and information provided are authentic, complete, and consistent; there is no false information or major facts concealed;
2..1.2 Party A warrants and undertakes that the source of the funds for issue of the loan is legitimate; it is the legal owner of the funds. Any disputes on the funds ownership and validity etc. with any third party shall be settled by Party A; any consequence due to Party A’s failure in the settlement shall also be Party A’s responsibility;
2..1.3 Party A shall not withdraw the bidding or the loan which has been issued after Party A’s submission of the bidding for the subject loan released by Party C;
2..1.4 Party A shall transfer the loan amount to the account designated by Party B (see Article 2.2.2 herein) upon the effective date of this Agreement.
2..1.5 Party A is entitled to the interest earnings from the loan, and shall pay applicable taxes actively;
2..1.6 Party A has the right to assign the loan to any third party (including but not limited to Party C and other investors on Party C’s platform); however, the assignment must be made through Party C subject to Party C’s relevant rules, and the period of the assignment shall not exceed the remaining period of the loan; Party B and Party D shall continue to perform the obligations under this Agreement to the assignee of the loan;
2..1.7 Party A has the right to, at its option, claim for repayment against either Party B or Party D, even if there is any guarantee or real security for Party B’s loan under this Agreement provided by Party B or any third party, or any repayment guarantee in any other form;
2..1.8 Party A shall pay the platform service fee equal to 8% of the total interest earnings for Party C;
2..1.9 Party A acknowledges that Party C has the right to provide all of Party A’s information to any party of this Agreement in the case of Party A’s default;
2..1.10 Party A expressly acknowledges that it has the awareness of investment risks and the capacity of risk identification; it has the experience in financial products with non-guaranteed principal and is familiar with internet; it has full understanding and capacity to afford the risks declared as follows, and is willing to be solely responsible for the losses of principal and interest arising thereof.
(1) Party B’s Credit Risk In case of Party B’s loss of the capacity of repayment in short term or long term (including but not limited to change in Part...
Rights and Obligations of Each Party. 2.1 Party A’s Rights and Obligations
2.1.1 Party A warrants the data and information provided is authentic, complete and consistent; there is no false information or withholding of major facts;
2.1.2 Party A warrants and undertakes that the loan assigned to Party B is authentic, legitimate and valid. In case that the loan is considered as void, or partly or wholly invalid, or cancelled or discharged according to law, etc.; the legal liability and consequence thereof shall be borne by Party A.
2.1.3 Party A undertakes that the loan assigned to Party B is free from any third party’s claim of rights, any restriction on Party A’s right to assign the loan, any preservation, attachment, or enforcement by any court, or creation of guarantee, or any defects or conditions in violation of national laws, regulations, any industrial guidance, and regulatory documents promulgated by the competent authorities at the place of Party A’s premises;
2.1.4 Account to be credited designated by Party A (an account of Huaxing Bank, automatically generated by system) Account Name: Account No.:
Rights and Obligations of Each Party. 3.1 Party A provides a detailed list of the assets involved in this transaction as an annex to this Agreement.
3.2 Party A establishes the mortgage security for Party B with the assets in the list agreed in Article 3.1 and cooperates with Party B to complete the mortgage registration within a reasonable period of time at the request of Party B.
3.3 Party B shall pay the funds in each period pursuant to the Agreement.
3.4 Party A and Party C shall complete the legal procedures for injecting the assets in the list agreed in the Article 3.1 into Party C by September 30, 2018. Party A guarantees that the property rights of the Computer Room Building owned by Party C at that time are good title and that the equipment assembly will be able to meet all the conditions for the normal operation of the Computer Room Building, as well as promises that all the assets owned by Party C will not be mortgaged, pledged and encumbered by other third party rights (except for the mortgage guarantee set up for Party B).
3.5 Both parties shall execute the formal Equity Transfer Agreement on the basis of the equity transfer agreement model (see the Annex) within 5 working days after the evaluation report is filed with the State-owned Assets Supervision and Administration Department and becomes effective. The parties agree that, in accordance with the actual situation at the time of executing the agreement, the three parties may make amendments to the Equity Transfer Agreement that do not affect the commercial nature and do not harm the interests of the parties.
Rights and Obligations of Each Party. 4.1 During the term of this Agreement, the Licensor shall perform and fulfill the following obligations pertaining to the Game, under the terms and conditions set forth in this Agreement within the Territory:
(a) to procure, operate, and maintain its Designated System, including the provision of the server administration, management of the Game and monitoring tools such as basic game’s adjustment tools;
(b) to reproduce and deliver to the Company the Client Software and Mobile Application of the Game, in Android application package (APK) file for Android operating system and/or IPA file for iOS operating system, for the Company to market, advertise, merchandise, distribute, sell and Service to Subscribers or potential Subscribers through the Internet or other on-line network;
(c) to integrate and connect the Licensor’s Designated System to the GoodGames Platform and provide all other technical supports to the Company, upon request, for the purpose of licensing and servicing the Game in Territory;
(d) to operate and maintain the Services of the Game, including the provision of the first tier technical support, error or bug fix, Patch, and Update to the Game and to grant subscriptions to Subscribers to use and access the Game;
(e) to cooperate with the Company on any marketing plan and promotional campaign of the Game, including promoting and advertising the Game in any media;
(f) to grant the Company the right to use the Licensor’s Trademark and/or game characters, photos, or any part of the Game in connection with marketing, advertising and service of the Game and for other purposes of this Agreement;
(g) to consent and grant the right to collect, process, utilize, disclose and use, whether directly or indirectly by the Company, its holding company, and/or the Licensor’s subsidiaries or affiliated companies, without further consent of the Licensor, the User Database and Licensor’s personal information, obtained by the Company under this Agreement such as name, entity name, address, telephone number, e- mail address or user name for the purpose of marketing, advertising, operation, maintenance, improvement of the Game, Services and GoodGames Platform, for other purposes of this Agreement and/or other causes to the extent permitted by applicable Thai laws;
(h) at the Licensor’s election, to provide Subscribers with access to the Game using the Licensor’s game log in account system;
(i) to provide first-tier technical support and assistant to the Company in r...
Rights and Obligations of Each Party. 3.1 Rights and Obligations of Party A: Party A has the rights and obligations as follows:
3.1.1 Party A shall officially hand over the premises to party B within 30 days from the date of signing this contract and receiving the security deposit from party B.
3.1.2 To ensure the legality of the business cooperation.
3.1.3 To represent that the Business Cooperation is to be responsible for the legal liability of business activities of business cooperation unit
3.1.4 To contact the relevant agencies for necessary assistance to ensure the security and order at the BCC.
3.1.5 To ensure the full provision of electric, water, [ ] to the BCC.
3.1.6 To take part in the operation and management of the BCC; check and supervise business activities to detect timely errors to give solution.
3.1.7 To enjoy profit as provided for at Article 8 of this Contract.
3.1.8 To represent the unit to pay the taxes and other obligations of the unit in accordance with provisions of State.
3.2 Rights and Obligations of Party B: Party B has rights and obligations as follows:
3.2.1 To invest in the total capital for purchasing and/or leasing equipment, machinery of the business cooperation unit including working capital. Party B shall take legal liability for all the procedures of import and export of machinery and equipment which party B has purchased or leased including the precision of the purchase or lease price as well as the documents, information having been declared to Customs and the quality of the imported machinery (machinery is brand new and of latest models).
3.2.2 To invest capital for designing, renovating and repairing, decorating the premises… of the business cooperation unit.
3.2.3 To design and execute the work of renovating the premises in accordance with the model of operation. All the design of renovating the premises must be approved by party A before the commencement of the work.
3.2.4 To make the security deposit as provided for in Article 5 and payment of depreciation of the premises, electric, water, telephone charges on time to party A.
3.2.5 To have the right to recover the depreciation of fixed assets (deducting the depreciation of premises) in accordance with provisions of the State.
3.2.6 To enjoy profit as provided for in Article 8 of this Contract.
3.2.7 To be responsible for managing, conducting the business in accordance with the business purposes, plans agreed by both parties.
3.2.8 To pay taxes and obligations on Party B’s income earned from the coop...
Rights and Obligations of Each Party
