Common use of Rights and Obligations of Parties Clause in Contracts

Rights and Obligations of Parties. 1. Party B shall conduct to Party A in accordance with the terms and conditions of this Collection Contract. Party A must conduct through Party B after the loading. Party A must make a note that credit right has been transferred to Party B and the wiring must be transferred to the Account opened by Party B. 2. Party A should use their best efforts to provide the information of use of the Loan and exporting to Party B. Transferring any document to any third party is prohibited. 3. Conduct through related transactions to escape the payment of the Loan is prohibited. 4. If Party A belongs to the class of group client, Party A should disclose any related transaction exceeding 10% of the net assets to Party B, including: (1) the relation among the related parties; (2) project and nature; (3) amount and percentage of the transaction; and(4) Price determination Policy. 5. Party A has the right to require Party B to keep in confidence relevant financial information and trade secrets relating to production and operation of Party A unless otherwise provided by laws and regulations. 6. Party A shall provide relevant financial information and information relating to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information. 7. Party A shall assist in and accept Party B’s inspection and supervision of its production, operation, financial activities and utilization of the Loan. 8. Party A shall utilize the Loan for the purpose as provided for hereunder. 9. Party A shall punctually repay the principal and interest in accordance with this Contract. 10. Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B. 11. Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract. 12. Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect to this Contract ceases or suspends production; its corporate registration is canceled, or business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed. 13. Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital. 14. When Party A intends to carry out activity(ies) during the term of this Contract which may have an impact on the realization of Party B’s rights hereunder, Party A shall give Party B a [30] banking days prior written notice for its consent to such intended activity(ies) and shall further take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security in accordance with Party B’s instructions. The aforementioned activities shall include without limitation contracting, leasing, transformation to a stock company, forming an economic association with another enterprise, consolidation, merger, division, setting up a joint venture, application for suspension of production or for winding up or for bankruptcy 15. Party A shall promptly inform Party B in writing, take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security(ies) in accordance with Party B’s instructions if there has occurred to Party A incident(s) during the term of this Contract that may have substantially negative effects on Party B’s performance of its obligations hereunder. The aforementioned incidents shall include without limitation the following: Party A ceases or suspends production; its corporate registration is canceled, or business license revoked; its legal representative or high-ranking officers are involved in illegal activities; it is involved in litigation with a major impact; great difficulties arise in respect to its production or operation; or its financial standing deteriorates. 16. Party B is entitled to debit any account opened by Party A with any branch or office of China Construction Bank for any amount due to Party B under this Contract.

Appears in 1 contract

Samples: Export Order Financing Contract (SkyPeople Fruit Juice, Inc)

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Rights and Obligations of Parties. 1. Party B shall conduct to Party A in accordance with the terms and conditions of this Collection Contract. Party A must conduct through Party B after the loading. Party A must make a note that credit right has been transferred to Party B and the wiring must be transferred to the Account opened by Party B. 2. Party A should use their best efforts to provide the information of use of the Loan and exporting to Party B. Transferring any document to any third party is prohibited. 3. Conduct through related transactions to escape the payment of the Loan is prohibited. 4. If Party A belongs to the class of group client, Party A should disclose any related transaction exceeding 10% of the net assets to Party B, including: (1) the relation among the related parties; (2) project and nature; (3) amount and percentage of the transaction; and(4and (4) Price determination Determination Policy. 5. Party A has the right to require Party B to keep in confidence relevant financial information and trade secrets relating to production and operation of Party A unless otherwise provided by laws and regulations. 6. Party A shall provide relevant financial information and information relating to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information. 7. Party A shall assist in and accept Party B’s inspection and supervision of its production, operation, financial activities and utilization of the Loan. 8. Party A shall utilize the Loan for the purpose as provided for hereunder. 9. Party A shall punctually repay the principal and interest in accordance with this Contract. 10. Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B. 11. Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract. 12. Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect to this Contract ceases or suspends production; its corporate registration is canceled, or business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed. 13. Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital. 14. When Party A intends to carry out activity(ies) during the term of this Contract which may have an impact on the realization of Party B’s rights hereunder, Party A shall give Party B a [30] banking days prior written notice for its consent to such intended activity(ies) and shall further take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security in accordance with Party B’s instructions. The aforementioned activities shall include without limitation contracting, leasing, transformation to a stock company, forming an economic association with another enterprise, consolidation, merger, division, setting up a joint venture, application for suspension of production or for winding up or for bankruptcy. 15. Party A shall promptly inform Party B in writing, take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security(ies) in accordance with Party B’s instructions if there has occurred to Party A incident(s) during the term of this Contract that may have substantially negative effects on Party B’s performance of its obligations hereunder. The aforementioned incidents shall include without limitation the following: Party A ceases or suspends production; its corporate registration is canceled, or business license revoked; its legal representative or high-ranking officers are involved in illegal activities; it is involved in litigation with a major impact; great difficulties arise in respect to its production or operation; or its financial standing deteriorates. 16. Party B is entitled to debit any account opened by Party A with any branch or office of China Construction Bank for any amount due to Party B under this Contract.

Appears in 1 contract

Samples: Export Order Financing Contract (SkyPeople Fruit Juice, Inc)

Rights and Obligations of Parties. 1. Party B shall conduct to business with Party A in accordance with the terms and conditions of this Collection Contract. Party A must conduct business through Party B after the loading. Party A must make a note that credit right has been transferred to Party B and the wiring must be transferred to the Account account opened by in Party B.B’s name. 2. Party A should use their best efforts to provide the information of regarding use of the Loan loan and exporting exportation to Party B. Transferring any document to any third party is prohibited. 3. Conduct Any conduct through related transactions to escape the payment of the Loan loan is prohibited. 4. If Party A belongs to the class of group client, Party A should disclose any related transaction transactions exceeding 10% of the net assets to Party B, including: (1) the relation relationship among the related parties; (2) project and nature; (3) amount and percentage of the transaction; and(4) Price price determination Policypolicy. 5. Party A has the right to require Party B to keep in confidence relevant financial information and trade secrets relating to the production and operation of Party A unless otherwise provided by the laws and regulations. 6. Party A shall provide relevant financial information and the information relating to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information. 7. Party A shall assist in and accept Party B’s inspection and supervision of its production, operation, financial activities and the utilization of the Loan. 8. Party A shall utilize the Loan for the purpose as provided for hereunder. 9. Party A shall punctually repay the principal and interest in accordance with this Contract. 10. Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B. 11. Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract. 12. Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect to of this Contract ceases or suspends production; its corporate registration is canceled, or its business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed. 13. Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital. 14. When Party A intends to carry out activity(ies) during the term of this Contract which may have an impact on the realization of Party B’s rights hereunder, Party A shall give Party B a [30] banking days prior written notice for its consent to such intended activity(ies) and shall further take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security in accordance with Party B’s instructions. The aforementioned activities shall include without limitation contracting, leasing, transformation to a stock company, forming an economic association with another enterprise, consolidation, merger, division, setting up a joint venture, application for suspension of production or for winding up or for bankruptcy 15. Party A shall promptly inform Party B in writing, take sufficient measures to safeguard the repayment of the indebtedness under this Contract and arrange for security(ies) in accordance with Party B’s instructions if there has occurred to Party A incident(s) during the term terms of this Contract that may have substantially negative effects on Party B’s performance of its obligations hereunder. The aforementioned incidents shall include without limitation the following: Party A ceases or suspends production; its corporate registration is canceled, or business license revoked; its legal representative or high-ranking officers are involved in illegal activities; it is involved in litigation with a major impact; great difficulties arise in respect to its production or operation; or its financial standing deteriorates. 16. Party B is entitled to debit any account opened by Party A with any branch or office of China Construction Bank for any amount due to Party B under this Contract.

Appears in 1 contract

Samples: Export Order Financing Contract (SkyPeople Fruit Juice, Inc)

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Rights and Obligations of Parties. 1. Party A shall have to right to review the relevant qualification of Party B prior to the execution of this Agreement; Party B is obliged to deliver the relevant materials to Party A according to relevant national regulations and shall assume legal responsibility for the authenticity of such materials. 2. Party B may decide on its own regarding the promotion, price and operation of the projects which have been exclusively purchased by Party B (the price shall be consistent with Party A’s advertisement price for 2013), provided that Party B shall only sell such projects to the clients filed with Party A. 3. Party B shall conduct only sell the exclusive purchased media resource to the clients filed with Party A in accordance with the terms and conditions of this Collection Contract. Party A must conduct through Party B after the loading. Party A must make a note that credit right has been transferred shall not sell such resource to Party B and the wiring must be transferred to the Account opened by Party B. 2. Party A should use their best efforts to provide the information of use of the Loan and exporting to Party B. Transferring any document to any third party is prohibited. 3. Conduct through related transactions to escape the payment of the Loan is prohibitedclients which are not filed. 4. If Party A belongs B fails to the class of group clientexecute an agreement with any client filed with Party A, Party A should disclose any related transaction exceeding 10% shall have the right to negotiate with such client and such client shall be removed from the clients list filed with Party A. Such removed client shall not use the media resource purchased by Party B and the advertisement of such client shall not be calculated into the net assets to advertisement amount of Party B, including: (1) the relation among the related parties; (2) project and nature; (3) amount and percentage of the transaction; and(4) Price determination Policy.B. 5. Party B shall only sell its exclusive purchased media resource to the clients filed with Party A has and the right to require price shall not be inconsistent with Party A’s advertisement price for 2013. Party B to keep in confidence relevant financial information and trade secrets relating to production and operation shall sell all of Party A unless otherwise provided by laws and regulationsits exclusive media resource before December 15, 2012. 6. The advertisement outside the scope of the exclusive media resource shall be handled according to Section III.2 of this Agreement and Party A shall not provide relevant financial information and information relating extra exclusive media resource to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information.B. 7. The management team of both parties shall hold communication meeting every month to manage the business operation and fully understand the programs and advertisement resource of Party A’s Media. Party A shall assist in and accept timely inform Party B’s inspection and supervision of its production, operation, financial activities and utilization B regarding the information of the Loanprograms, TV series, big events and respective ratings, and Party B shall inform Party A regarding the price and amount of the advertisement published on Party A’s Media. 8. Party B shall maintain the overall price system of Party A’s Media and shall not adversely affect the overall price by selling its exclusive media resource in a lower price. Party B shall procure that its personnel only sell such exclusive media resource to the clients which have been filed with Party A. Party B shall not make any adverse effect to the overall price system of Party A shall utilize by indicating that the Loan for media resource of Party A can be purchased at a lower price when promoting to the purpose as provided for hereunder. 9clients which have not been filed. Party A shall punctually repay have the principal right to supervise the sales method of Party B and interest in accordance with this Contract. 10. if the above circumstance is discovered and the operation of Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B. 11. Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract. 12. Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect to this Contract ceases or suspends production; its corporate registration is canceled, or business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed. 13. Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital. 14. When Party A intends to carry out activity(ies) during the term of this Contract which may have an impact on the realization of Party B’s rights hereunderaffected, Party A shall give have the right to claim liquidating damage against Party B a [30] banking days prior written notice for its consent to such intended activity(ies) and shall further take sufficient measures to safeguard in the repayment amount of 20% of the indebtedness under total amount of this Contract Agreement. If such liquidating damage is insufficient to cover the damage suffered by Party A, Party B shall pay the insufficient part and arrange for security in accordance with Party B’s instructions. The aforementioned activities shall include without limitation contracting, leasing, transformation to a stock company, forming an economic association with another enterprise, consolidation, merger, division, setting up a joint venture, application for suspension of production or for winding up or for bankruptcy 15. Party A shall promptly inform Party B in writing, take sufficient measures have the right to safeguard the repayment of the indebtedness under terminate this Contract and arrange for security(ies) in accordance with Party B’s instructions if there has occurred to Party A incident(s) during the term of this Contract that may have substantially negative effects on Party B’s performance of its obligations hereunder. The aforementioned incidents shall include without limitation the following: Party A ceases or suspends production; its corporate registration is canceled, or business license revoked; its legal representative or high-ranking officers are involved in illegal activities; it is involved in litigation with a major impact; great difficulties arise in respect to its production or operation; or its financial standing deterioratesAgreement. 16. Party B is entitled to debit any account opened by Party A with any branch or office of China Construction Bank for any amount due to Party B under this Contract.

Appears in 1 contract

Samples: Advertising Agency Agreement (Charm Communications Inc.)

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