Rights and Obligations of the Guarantor. 4.1 Party B shall have the right to require Party A to assume the obligation of confidentiality for the information provided by Party B, except as otherwise stipulated by laws and regulations or regulatory authorities or otherwise agreed by the parties or that the information provided by Party B does not constitute confidential information. 4.2 Party B has carefully read the main contract and acknowledged all the terms and conditions thereof. The individual credit contract or receipt or other credit business voucher under the main contract is not required to be further confirmed by Party B if not exceeding the limit specified in the main contract. Party A and the debtor may modify the main contract without the consent of Party B, and Party B shall continue to assume the joint and several guarantee liability for the modified main contract. However, in the event of increase in the principal amount of the debt and extension of the term of the loan without Party B’s written consent, Party B shall still assume the guarantee liability in such amount and period as specified in the original main contract. 4.3 Party B accepts and undertakes to cooperate with Party A in the supervision and inspection of Party B’s operation and guarantee capacity, and allow Party A to enter Party B’s premises to check Party B’s assets, financial status and operation. 4.4 ☐ In the event of major property right transfer, system change or transfer of creditor’s rights and debts, Party B shall notify Party A beforehand and shall not proceed with the said matters before obtaining the written consent of Party A. ☐ Under any of the following circumstances, Party B shall give a 30-day written notice to Party A. If it may have a significant impact on the performance of this Contract as Party A considers, Party B shall not proceed with it before obtaining the written consent of Party A:
Appears in 2 contracts
Samples: Online Self Service Loan Business Contract (ECMOHO LTD), Online Self Service Loan Business Contract (ECMOHO LTD)
Rights and Obligations of the Guarantor. 4.1 Party B shall have the right to require Party A to assume the obligation of confidentiality for the information provided by Party B, except as otherwise stipulated by laws and regulations or regulatory authorities or otherwise agreed by the parties or that the information provided by Party B does not constitute confidential information.
4.2 Party B has carefully read the main contract and acknowledged all the terms and conditions thereof. The individual credit contract or receipt or other credit business voucher under the main contract is not required to be further confirmed by Party B if not exceeding the limit specified in the main contract. Party A and the debtor may modify the main contract without the consent of Party B, and Party B shall continue to assume the joint and several guarantee liability for the modified main contract. However, in the event of increase in the principal amount of the debt and extension of the term of the loan without Party B’s written consent, Party B shall still assume the guarantee liability in such amount and period as specified in the original main contract.
4.3 Party B accepts and undertakes to cooperate with Party A in the supervision and inspection of Party B’s operation and guarantee capacity, and allow Party A to enter Party B’s premises to check Party B’s assets, financial status and operation.
4.4 ☐ In the event of major property right transfer, system change or transfer of creditor’s rights and debts, Party B shall notify Party A beforehand and shall not proceed with the said matters before obtaining the written consent of Party A. ☐ Under any of the following circumstances, Party B shall give a 30-day written notice to Party A. If it may have a significant impact on the performance of this Contract as Party A considers, Party B shall not proceed with it before obtaining the written consent of Party A:
(1) Major changes have taken place in management system, equity structure, form of property right organization and main business, including but not limited to implementing contracting, leasing management, joint operation, shareholding reform, consolidation (merger) and acquisition, joint venture (cooperation), division, establishment of subsidiaries, custody (takeover), enterprise sale, transfer of property rights, reduction of capital, etc.;
(2) Important assets of which value exceeds 10% of net assets are sold, donated, lent, transferred, mortgaged (pledged) or otherwise disposed of;
(3) Dividends exceed 30% of the net profit after tax for the current year or exceed 20% of all undistributed profits;
(4) the additional foreign investment after entry into force of the contract exceeds 20% of the net assets;
(5) Debt terms with other banks are changed to prepay other long-term obligations;
(6) Debts owed to Party B’s shareholders are repaid;
(7) Application for credit extension from other banks, provision of guarantee to third parties, or reduction or mitigation of third-party debts, involving the amount of debts exceeding 20% of the net assets.
4.5 Party B shall notify Party A in writing within seven business days from the date of occurrence or potential occurrence of the following matters. Party A shall have the right to decide whether to request Party B and the debtor to provide additional guarantee or directly recoverall the loans depending on the specific circumstances of the matters:
(1) its business and financial situation deteriorates;
(2) being imposed a heavy fine by the competent authority or involved in a major legal dispute;
(3) Party B, Party B’s shareholders, Party B’s legal representative or key management personnel are involved in major cases or their major assets are subject to property preservation and other mandatory measures, as a result of which Party B’s legal representative or key management personnel are unable to perform their duties properly;
(4) Providing guarantee to a third party that has a material adverse effect on its financial position or ability to perform its obligations hereunder;
(5) Discontinuation of business, suspension of business for rectification, dissolution, closure, bankruptcy, and being revoked of business license;
(6) Deterioration of financial condition, e.g. unemployment, employer bankruptcy or substantial loss of personal property, material adverse changes in personal physical condition, divorce, and other matters that may affect Party B’s ability to perform this Contract.
(7) Other major events or events of default which suffice to affect Party B’s business activities and Party A’s loan security.
4.6 Party B shall notify Party A in writing within seven business days after the change of the domicile, mailing address, telephone number, scope of business, legal representative and other matters of Party B. If Party B fails to perform the above notification obligations, Party A shall be deemed to have delivered the relevant notices and documents (including but not limited to the notices and documents of both parties during the performance of the contract, relevant materials and documents relating to arbitration or litigation in the course of arbitration or litigation, and relevant materials and documents during the execution of the case) according to the original address and mailing address.
4.7 ☐ Party B undertakes to maintain a reasonable financial ratio during the loan period. ☐ The financial indicators meet the following criteria during the loan period:
Appears in 2 contracts
Samples: Online Self Service Loan Business Contract (ECMOHO LTD), Online Self Service Loan Business Contract (ECMOHO LTD)
Rights and Obligations of the Guarantor. 4.1 Party B shall have the right is entitled to require request Party A to assume the obligation of confidentiality for keep confidential the information provided by Party B, except as otherwise stipulated by laws and that laws, regulations or regulatory authorities regulators otherwise provide or require, or both parties otherwise agreed by the parties stipulate, or that the such information provided by Party B does do not constitute confidential information.
4.2 Party B has carefully read the main contract Principal Contracts and acknowledged confirmed all the terms and conditions thereof. The individual credit contract or receipt or other credit business voucher under the main contract Party B is not required to be further confirmed confirm any single credit facility contract, debt note or other certificate of credit facility under the Principal Contracts which does not exceed the provisions of the Principal Contracts. Any change to the Principal Contracts made by Party B if not exceeding the limit specified in the main contract. Party A and the debtor may modify the main contract without the Debtors will not require consent of Party BB who shall continue to assume the joint-and-several liability of guarantee to the changed Principal Contracts. However, and if the principal of debt is increased or if the loan term is extended, Party B shall continue to assume the joint and several guarantee security liability for according to the modified main contract. However, in the event of increase in the principal amount of the debt and extension of the term of the loan without Party B’s written consent, Party B shall still assume the guarantee liability in such amount and period as term specified in the original main contractPrincipal Contracts if the increase or extension is not consented by Party B in writing.
4.3 Party B accepts and undertakes to cooperate with Party A in the A’s supervision and inspection of on Party B’s operation and guarantee capacitycapability of security, and allow allows Party A to enter Party B’s its operating premises to check Party B’s inspect its assets, financial status condition and operationoperating condition.
4.4 ☐ In the event ☑ Before any transfer of major property right transfermaterial property, system change transformation of structure, or transfer of creditor’s obligatory rights and debtsor obligations, Party B shall first notify Party A beforehand thereof and shall not proceed with the said matters before obtaining obtain the written consent of Party A. ☐ Under ☑ Party B shall give thirty days’ written notice to Party A in any of the following circumstances. If Party A deems that such circumstance may have material effect on performance of this contract, Party B shall give a 30-day written notice to Party A. If it may have a significant impact on carry out the performance of this Contract as Party A considers, Party B shall not proceed with it before following only after obtaining the written consent of Party A:
(1) Any material change to the operating regime, shareholding structure, organizational form of property, and principal business, including but not limited to contracting or leasing operation, association, shareholding reform, M&A, acquisition, joint venture, division, establishment of subsidiaries, trusteeship (receivership), sale of enterprise, transfer of property or reduction of capital etc.;
(2) Sale, gift, lending, transfer, mortgage, pledge or otherwise disposal of any assets accounting for 10% of the net assets;
(3) Any distribution of dividends exceeding 30% of the after-tax net profits for the current year, or exceeding 20% of all undistributed profits;
(4) Any new investment made after effectiveness of this contract exceeding 20% of the net assets;
(5) Modification of any debt provisions with other banks, or early satisfaction of other long-term debts;
(6) Repayment of any shareholder’s debts of Party B;
(7) Application to other banks for credit facility, or provision of security to any third party, or reduction of any debts owed by any third party, the amount of which exceeds 20% of the net assets.
4.5 Party B shall give written notice to Party A within seven working days after the occurrence or possible occurrence of any of the following circumstances. Party A has the right to decide based on the circumstance whether to demand Party B and the Debtors to add any security or directly recover all loans:
(1) Party B’s operating or financial condition deteriorates seriously;
(2) Party B is imposed by competent authority of large amount of fines, or is involved in any major legal dispute;
(3) Party B or its shareholder, legal representative or key officer is involved in any major case, or their material assets are subject to property preservation or other compulsory measures, or Party B’s legal representative or key officer is unable to perform his/her duties normally;
(4) Party B provides security for any third party, which has material adverse effect on its financial condition or its ability to perform obligations hereunder;
(5) Party B is wound-up, ordered to stop business for rectification, dissolved, closed, bankrupt or cancelled of business license;
(6) Party B’s economic situation deteriorates, such as he/she is unemployed, his/her employer goes bankrupt, his/her property suffers major loss, his/her health suffers any material adverse change, or he/she divorces his/her spouse, or other circumstances occur which may affect Party B’s ability to perform this contract; or
(7) Other major events or breaches occur, which may affect Party B’s operation or the security of Party A’s loans.
4.6 Where Party B changes its domicile, correspondence address, telephone number, business scope, legal representative (employer) or other matters, it shall give Party A written notice within seven working days after such change. If Party B fails to perform the above obligation of notice, and Party A sends relevant notice or document (including but not limited to both parties’ notices or documents during performance of this contract, the arbitration or litigation materials or instruments during arbitration or litigation process, and relevant materials and instruments during execution of cases) to the original domicile or correspondence address, such notice or document shall be deemed duly served.
4.7 ☑ Party B undertakes to keep reasonable financial ratio during the term of loans. ☑ The financial index will meet the following standards during the term of loans:
Appears in 1 contract
Samples: Guaranty Agreement (Sohu Com Inc)