Common use of Rights and Obligations of the Lender Clause in Contracts

Rights and Obligations of the Lender. 3.1 The lender has the right to recover or prematurely recall the principal, interest, compound interest, penalty interest, and other debts as stipulated in this contract and the relevant loan receipts. 3.2 The lender can understand the borrower’s operational, financial activities, and the use of loans, and inspect the collateral’s management. The borrower must provide truthful monthly financial reports and the lender may check the borrower’s credit through relevant systems. 3.3 During the validity period of this contract, if the borrower or its affiliates or actual controllers encounter any of the following situations, the lender has the right to recognize that all credit granted by the borrower to the lender, including but not limited to loans, discounting, bank acceptance bills, international trade financing, bank guarantees, etc., have expired in advance, and has the right to take (1) reducing or canceling the maximum loan limit stipulated in this contract; (2) Early termination of relevant contracts and agreements signed with the borrower, including but not limited to this contract; (3) Cease the issuance of new loans and ensure that all loans under this contract mature early, and recover all loan principal, interest, and fees in advance; (4) Directly deduct the corresponding amount from any account of the borrower to repay the loan principal, interest, and expenses, and notify the borrower; (5) Request additional collateral measures recognized by the lender; (6) File a lawsuit with the people’s court and take asset preservation measures such as sealing, freezing, and deducting; (7) Other asset preservation measures. At the same time, all branches of Ningbo Bank also enjoy the above-mentioned rights over the borrower. (1) The borrower experiences production suspension, closure, dissolution, takeover, cancellation of registration, bankruptcy filing, suspension for rectification, revocation of business license or revocation; (2) The borrower conceals important facts related to the conclusion of this contract or provides false information, situations, or statements, or the information provided contains false information; Or providing false statements, vouchers, documents, and other materials to the lender during the validity period of this contract; (3) If the borrower fails to repay the loan principal and interest in accordance with this contract and the corresponding loan receipt (including early maturity by Xxxx, including situations where the loan has already been repaid after overdue); (4) If the borrower fails to use the loan for the purpose specified in this contract and the corresponding loan receipt, the loan funds shall be used for fixed asset, equity and other investments, the loan funds shall be used for areas and purposes prohibited by the state for production and operation, and the credit funds shall be transferred or used to purchase other financial products for arbitrage; (5) The borrower fails to fulfill the obligations agreed upon with the lender or a third party or obligations stipulated by laws and regulations; (6) Disposal (including but not limited to gifting, transferring, transferring, or selling at a low price) of any assets by the borrower before repaying the lender’s debt, which may or has already affected its ability to repay the lender’s debt; (7) The borrower’s credit status has declined, their business activities have encountered difficulties, their financial condition has deteriorated, or they have exceeded the financial indicators set by the lender or agreed upon by both parties; (8) The borrower fails to make the loan payment in accordance with the agreed method; (9) The borrower is involved in economic disputes or litigation, or any of its assets are subject to preservation measures such as sealing, freezing, or deduction; (10) If the borrower is prosecuted, fined or fined for suspected illegal activities, or if the borrower’s legal representative or main person in charge is detained, arrested, subject to compulsory measures, prosecuted, sentenced or fined for suspected illegal activities; (11) The borrower fails to fulfill any obligation stipulated in this contract and the corresponding loan receipt, or violates any terms and commitments stipulated in this contract and the corresponding loan receipt; (12) If the guarantee contract under this contract becomes invalid, the guarantor’s guarantee ability decreases, the value of the collateral decreases, or the collateral is subject to preservation measures such as sealing, freezing, or deduction, which affect the security of the creditor’s rights under this contract; (13) The guarantor violates the provisions of the guarantee contract; (14) The borrower’s affiliated parties or actual controllers have experienced the events listed in items (1), (5), (7), (9), and (10) of this clause, as well as other changes that are unfavorable to the realization of the lender’s creditor’s rights, and the borrower has failed to provide the lender’s approved guarantee as required by the lender; (The definition of related parties can be found in “Enterprise Accounting Standard No. 36- Disclosure of Related Parties” and its revised version; the definition of actual controller can be found in “Company Law of the People’s Republic of China” and its revised version.) (15) Any other event that, in addition to the aforementioned events, has an adverse impact on the borrower’s repayment obligations under this contract, as determined by the lender. The lender has complete independent discretion to determine whether the above situation has occurred. 3.4 During the loan payment process, if the lender, based on their independent judgment, believes that the borrower has one or more of the following situations, the lender has the right to adopt (1) changing the loan payment method from self payment to entrusted payment (including partial entrusted payment); (2) Stop the disbursement and payment of loan funds; (3) Negotiate with the borrower to supplement the loan disbursement and payment conditions. (1) The borrower’s credit condition has declined; (2) The borrower’s main business has weak profitability; (3) The borrower’s use of loan funds is abnormal. 3.5 If the borrower fails to repay the principal, interest, compound interest, penalty interest and other debts due (including early maturity) as agreed, the lender has the right to deduct the corresponding amount from all accounts opened by the borrower at Ningbo Bank Co., Ltd. and its branches for repayment and notify the borrower. When the lender deducts the borrower’s unexpired fixed deposits and needs to withdraw them all in advance, interest shall be calculated and paid according to the current deposit interest rate announced on the withdrawal date; If partial advance withdrawal is required, interest shall be calculated based on the current deposit interest rate announced on the withdrawal date, and interest shall be calculated based on the fixed deposit interest rate on the opening date of the fixed deposit when the remaining portion matures. The interest losses incurred due to deduction shall be borne by the borrower themselves. The borrower hereby irrevocably authorizes the lender to deduct the above-mentioned amount at any time. 3.6 If the borrower breaches this contract, evades the supervision of the lender, conceals important facts related to this contract, or provides false information or situations, or engages in other illegal activities, the lender has the right to publicly disclose the breach information in accordance with the law, or provide relevant information to the collection agency for the purpose of collection, or announce the collection through media such as China Execution Information Disclosure Network, or notify relevant departments or units. At the same time, the borrower authorizes the lender to provide the borrower’s name, contact information, and other relevant information to the debt collection agency for the purpose of debt collection, or to announce debt collection through media such as China Execution Information Disclosure Network. The debt collection agency and media such as China Execution Information Disclosure Network have the obligation to keep the borrower’s information confidential and shall not use the borrower’s information beyond the purpose of debt collection. At the same time, the lender has the right to hold the borrower liable for breach of contract in accordance with laws, regulations, and the provisions of this contract. 3.7 The lender has the right to participate in the borrower’s large-scale financing, asset sales, mergers, divisions, shareholding reform, bankruptcy liquidation and other activities. 3.8 The borrower and the xxxxxxx shall complete legal procedures such as mortgage registration and property insurance in accordance with the lender’s requirements, and the guarantee and insurance shall remain valid. The lender has the right to request to become the first priority claimant for insurance benefits and obtain copies of relevant insurance contracts or insurance documents. Otherwise, the lender has the right to refuse to provide the loan under this contract. 3.9 The lender has the right to require the borrower to promptly reconcile the loan. 3.10 On the premise that the borrower and guarantor fulfill the obligations stipulated in this contract and the guarantee contract, the lender shall issue the loan to the borrower in accordance with the provisions of this contract and the corresponding loan receipt. The lender has the right to entrust the head office and other branches of Ningbo Bank, any payment agent or agent bank of Ningbo Bank to issue loans to the borrower in accordance with the provisions of this contract. The borrower has no objection to this and promises that the performance of the head office and other branches, payment agent or agent bank of Ningbo Bank shall be deemed as the performance of the lender. All payment obligations under this contract shall be fulfilled by the borrower to the lender, and all rights shall be enjoyed by the lender. If the borrower defaults, the lender has the right to directly claim the creditor’s rights from the borrower. 3.11 If the guarantor of the loan under this contract experiences any event that poses a threat to its normal operation or has a significant adverse impact on its ability to guarantee its debts under this contract, including but not limited to production suspension, business closure, cancellation of registration, revocation of business license, bankruptcy, difficulties in business activities, deterioration of financial condition, legal representative or main person in charge suspected of engaging in illegal activities, involving litigation activities or major economic disputes, property being sealed, frozen or deducted, or if the value of the collateral, pledged property, pledged rights as collateral for the loan under this contract is reduced and asset preservation measures such as sealing, freezing or deduction are taken, and the borrower fails to provide the required guarantee as required by the lender, The lender also has the right to take all measures stipulated in Article 3.3 of this contract. 3.12 If there is any mortgage guarantee for the creditor’s rights under this contract, if the relevant mortgage certificate fails to complete the relevant certificate and mortgage registration procedures as required by the lender before the expiration of the relevant mortgage certificate, the loan has the right to require the borrower to take remedial measures such as early deposit of full security deposit and additional guarantee.

Appears in 2 contracts

Samples: Maximum Loan Agreement (MaxsMaking Inc.), Maximum Loan Agreement (MaxsMaking Inc.)

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Rights and Obligations of the Lender. 3.1 2.1 The lender Lender has the right to recover or prematurely recall withdraw in advance the loan principal, interest, compound interest, penalty interest, interest and other debts as stipulated claims in accordance with this contract Agreement and the relevant loan receiptsownership agreement. 3.2 2.2 The lender can understand Lender shall have the right to know the borrower’s operationalproduction and operation, financial activities, material inventory and loan use, check the use and management of loanscollateral at any time, require the borrower to provide true and complete financial statements and other documents, materials and information on a monthly basis, and inspect shall have the collateralright to use the Bank’s managementcredit investigation system or other institutions and systems in accordance with relevant regulations. The borrower must provide truthful monthly financial reports Query, print, save, and the lender may check use the borrower’s basic information and credit through relevant systemsreport. 3.3 2.3 During the validity period term of this contractAgreement, if any of the borrower following occurs to the Borrower or its affiliates or actual controllers encounter any of the following situationscontroller, the lender has Lender shall have the right to recognize hold that all the credit granted by the borrower Borrower to the lenderLender, including but not limited to loansloan, discountingdiscount, acceptance of bank acceptance billsacceptance, international trade financing, bank guaranteesguarantee, etc., have expired are due in advance, and . And has the right to take to (1) reducing or canceling terminate the maximum loan limit stipulated in this contract; (2) Early termination of relevant contracts agreements and agreements signed with the borrowerBorrower in advance, including but not limited to this contract; Agreement; (32) Cease stop the issuance of new loans and ensure that all loans, declare the loans under this contract mature earlyAgreement to expire in advance, and recover all loan principal, interest, interest and fees in advance; (43) Directly deduct the corresponding amount from any account of the borrower Borrower to repay the loan principal, interest, interest and expenses, fees of the loan and notify the borrower; ; (4) Other security measures that require additional approval by the lender; (5) Request additional collateral measures recognized by the lender; (6) File bring a lawsuit with suit to the people’s court court, and take asset preservation such measures such as sealingsealing up, freezing, freezing and deducting; withholding of assets; (76) Other asset preservation measures. At xxxxxxxx.Xx the same time, all branches of Bank of Ningbo Bank also enjoy the above-mentioned above rights over to the borrower. (1) The borrower experiences production suspensionhas ceased production, closureclosed down its business, dissolutionbeen dissolved, takeoverbeen taken over, cancellation of cancelled its registration, bankruptcy filingmay be sued for bankruptcy, suspension has been shut down for rectificationwhole collection, revocation of has had its business license revoked or revocation;has been revoked; (2) The borrower Borrower conceals important material facts related to the conclusion of this contract Agreement or provides false information, situationscircumstances, statements or statements, or the information provided contains containing false information; Or providing : or provides false statements, vouchers, documents, documents and other materials to the lender Lender during the validity period term of this contract;Agreement; (3) If the The borrower fails to repay the loan principal and interest of the loan in accordance with this contract Agreement and the corresponding loan receipt promissory note (including early maturity by Xxxx, including situations the situation where the loan is due early or has already been repaid after the loan is overdue); (4) If the The borrower fails to use the loan for in accordance with the purpose specified purposes agreed in this contract Agreement and the corresponding loan receipt, the loan funds shall be used for fixed asset, equity and other investments, the loan funds shall be used for areas and purposes prohibited by the state for production and operation, and the credit funds shall be transferred or used to purchase other financial products for arbitrage;promissory notes; (5) The borrower Borrower fails to fulfill perform the obligations agreed upon with the lender or a third party or the obligations stipulated prescribed by laws and regulations; (6) Disposal (including but not limited to giftinggift, transferringtransfer, transferring, assignment or selling sale at a low price) of any assets asset by the borrower before repaying Borrower prior to the lenderrepayment of the Lender’s debt, debt which may or has already affected its ability to repay the lender’s debt;Lender; (7) The borrowerBorrower’s credit status has declineddeclines, their its business activities have encountered difficultiesbecome difficult, their its financial condition has deterioratedstatus deteriorates, or they have exceeded it breaks the constraints of the financial indicators set by the lender Lender or agreed upon by both the parties; (8) The borrower fails to make pay the loan payment funds in accordance with the agreed method;manner; (9) The borrower is involved in economic disputes or litigationlawsuits, or any of its assets are subject to sealed up, frozen or deducted by other preservation measures such as sealing, freezing, or deduction;measures; (10) If the The borrower is prosecuted, fined or fined for suspected illegal activitiescrimes, or if the borrower’s legal representative or main responsible person in charge of the borrower is detained, arrested, subject to compulsory taken coercive measures, prosecuted, sentenced or fined or fined for suspected illegal activities;crimes; (11) The borrower Borrower fails to fulfill perform any obligation stipulated in of its obligations under this contract Agreement and the corresponding loan receipt, note or violates breaches any terms and commitments stipulated in under this contract Agreement and the corresponding loan receipt;note; (12) If the guarantee contract The security agreement under this contract becomes Agreement is invalid, the guarantor’s guarantee ability decreasesis reduced, the value of the collateral decreasessecured property is decreased, and the secured property is sealed, frozen or the collateral is subject to preservation deducted by security measures such as sealing, freezing, or deduction, which affect the security of the creditor’s rights under this contract;Agreement; (13) The guarantor violates the provisions of the guarantee contract;agreement; (14) The borrower’s affiliated parties or actual controllers have experienced the events Events listed in items Item (1), (5), (7), (9), ) and (10) of this clause, as well as paragraph occur to the related party or the actual controller of the Borrower or other changes that are unfavorable not conducive to the realization of the lender’s creditor’s rightsright of the Lender, and the borrower has failed Borrower fails to provide another guarantee approved by the lender’s approved guarantee lender as required by the lender; Lender, (The For the definition of related parties can be found in “Enterprise party, see Accounting Standard for Business Enterprises No. 36- 36 -- Related Party Disclosure of Related Parties” and its revised version; .) For the definition of actual controller can be found in “controller, see Company Law of the People’s Republic of China” China and its revised version.) (15) Any Other than the above events, any other event thatevents which, in addition to the aforementioned eventsjudgment of the Lender, has an adverse impact on adversely affect the borrowerBorrower’s performance of the repayment obligations under this contract, as determined by the lender. hereunder.The lender Lender has complete and independent discretion as to determine whether the above situation has occurredsuch circumstances occur. 3.4 During 2.4 In the process of loan payment processpayment, if the lenderLender, based on their in its independent judgment, believes considers that the borrower Borrower has one or more of the following situationscircumstances, the lender Lender has the right to adopt (1) changing change the loan payment method from self autonomous payment to entrusted payment (including partial entrusted payment); (2payment);(2) Stop to stop the disbursement issuance and payment of loan funds; (3funds;(3) Negotiate with the borrower to supplement the loan disbursement terms of issuance and payment conditionsof supplementary loans. (1) The Declining credit status of the borrower’s credit condition has declined; (2) The borrower’s main business has weak profitability;profitability is not strong; (3) The borrower’s Abnormal use of loan funds is abnormal.by the borrower; 3.5 If 2.5 Where the borrower Borrower fails to repay the loan principal, interest, compound interest, penalty interest and other debts due (including early maturitythose due in advance) as agreed, the lender has Lender shall have the right to deduct the corresponding amount from all the accounts opened by the borrower at Borrower in Bank of Ningbo Bank Co., Ltd. and any of its branches for repayment cancellation and notify the borrower. When Borrower.If the lender deducts withdraws all the borrower’s unexpired fixed time deposits and needs to withdraw them all due at the end of the term of the borrower in advance, the interest shall be calculated and paid according to the current deposit interest rate of the live deposit announced on the withdrawal date; date of withdrawal. If partial advance withdrawal is requiredthe part of the time deposit needs to be withdrawn in advance, the interest shall be calculated based on according to the interest rate of the current deposit interest rate announced on the withdrawal datedate of withdrawal, and the interest shall be calculated based according to the interest rate of the time deposit on the fixed deposit interest rate on the opening date of opening of the fixed deposit account when the remaining portion part matures. The interest losses incurred due to deduction shall be borne by the borrower themselves. .The borrower shall bear the interest loss arising from the deduction.The Borrower hereby irrevocably authorizes the lender Lender not to deduct the above-mentioned expunge such amount at any time. 3.6 If the borrower breaches this contract, evades the supervision of the lender, conceals important facts related to this contract, or provides false information or situations, or engages in other illegal activities, the lender has the right to publicly disclose the breach information in accordance with the law, or provide relevant information to the collection agency for the purpose of collection, or announce the collection through media such as China Execution Information Disclosure Network, or notify relevant departments or units. At the same time, the borrower authorizes the lender to provide the borrower’s name, contact information, and other relevant information to the debt collection agency for the purpose of debt collection, or to announce debt collection through media such as China Execution Information Disclosure Network. The debt collection agency and media such as China Execution Information Disclosure Network have the obligation to keep the borrower’s information confidential and shall not use the borrower’s information beyond the purpose of debt collection. At the same time, the lender has the right to hold the borrower liable for breach of contract in accordance with laws, regulations, and the provisions of this contract. 3.7 The lender has the right to participate in the borrower’s large-scale financing, asset sales, mergers, divisions, shareholding reform, bankruptcy liquidation and other activities. 3.8 The borrower and the xxxxxxx shall complete legal procedures such as mortgage registration and property insurance in accordance with the lender’s requirements, and the guarantee and insurance shall remain valid. The lender has the right to request to become the first priority claimant for insurance benefits and obtain copies of relevant insurance contracts or insurance documents. Otherwise, the lender has the right to refuse to provide the loan under this contract. 3.9 The lender has the right to require the borrower to promptly reconcile the loan. 3.10 On the premise that the borrower and guarantor fulfill the obligations stipulated in this contract and the guarantee contract, the lender shall issue the loan to the borrower in accordance with the provisions of this contract and the corresponding loan receipt. The lender has the right to entrust the head office and other branches of Ningbo Bank, any payment agent or agent bank of Ningbo Bank to issue loans to the borrower in accordance with the provisions of this contract. The borrower has no objection to this and promises that the performance of the head office and other branches, payment agent or agent bank of Ningbo Bank shall be deemed as the performance of the lender. All payment obligations under this contract shall be fulfilled by the borrower to the lender, and all rights shall be enjoyed by the lender. If the borrower defaults, the lender has the right to directly claim the creditor’s rights from the borrower. 3.11 If the guarantor of the loan under this contract experiences any event that poses a threat to its normal operation or has a significant adverse impact on its ability to guarantee its debts under this contract, including but not limited to production suspension, business closure, cancellation of registration, revocation of business license, bankruptcy, difficulties in business activities, deterioration of financial condition, legal representative or main person in charge suspected of engaging in illegal activities, involving litigation activities or major economic disputes, property being sealed, frozen or deducted, or if the value of the collateral, pledged property, pledged rights as collateral for the loan under this contract is reduced and asset preservation measures such as sealing, freezing or deduction are taken, and the borrower fails to provide the required guarantee as required by the lender, The lender also has the right to take all measures stipulated in Article 3.3 of this contract. 3.12 If there is any mortgage guarantee for the creditor’s rights under this contract, if the relevant mortgage certificate fails to complete the relevant certificate and mortgage registration procedures as required by the lender before the expiration of the relevant mortgage certificate, the loan has the right to require the borrower to take remedial measures such as early deposit of full security deposit and additional guarantee.

Appears in 2 contracts

Samples: Online Working Capital Loan Master Agreement (HUHUTECH International Group Inc.), Online Working Capital Loan Master Agreement (HUHUTECH International Group Inc.)

Rights and Obligations of the Lender. 3.1 Article XXXIX The lender has Lender shall have the right to recover or prematurely recall collect the principal, interest, penalty interest and compound interestinterest of the debt in accordance with the provisions of the Contract, penalty interestcollect the fees payable by the Borrower, and other debts as stipulated in this contract have the right to directly transfer the above principal, interest and fees from the relevant loan receiptsrepayment account. 3.2 Article XL The lender can understand Lender shall have the borrowerright to require the Borrower to provide information related to the loan, enter the Borrower’s operationalbusiness premises, financial activitiesinvestigate, examine and inspect the use of loanscredit and the Borrower’s assets, financial status and business conditions. The Borrower shall provide support and have the right to supervise the Borrower’s use of the Loan according to the purposes agreed herein. Article XLI The Lender shall be obligated to keep the information provided by the Borrower confidential, unless otherwise provided by laws, regulations and rules, required by the competent authorities, or agreed by both parties. Article XLII The Lender shall have the right to require the Borrower to open the following account in the bank of the Lender as a special fund withdrawal account. The Borrower shall open the account according to the requirements of the Lender and sign the relevant account management agreement, and inspect timely provide the collateralLender with the inflow and outflow of funds in the account, and accept the Lender’s managementmanagement over the withdrawal of fund. The borrower must provide truthful monthly financial reports Lender shall have the right to recover the loan in advance according to the Borrower’s withdrawal of fund. The specific account information is as follows: Opening Bank:______________________________________/_____________________ Account Number:___________________________________________________________ Unless approved by the Lender, the account for withdrawal of fund will not be open to online banking payment and the lender may check the borrower’s credit through relevant systems. 3.3 During the validity period of this contract, if the borrower circulating or its affiliates or actual controllers encounter any exchange business. Article XLIII Any of the following situationsevents shall constitute a breach of contract by the Borrower under the Contract: 1. The Borrower violates any provision of the Contract or any legal obligation. 2. The Borrower fails to fulfill the statements, commitments and guarantees made in the Contract. 3. The Borrower expressly states or implies by action that it will not perform any obligation under the Contract. 4. Fails to continuously meet any preconditions for loan issuance as agreed in the Contract. 5. The Borrower or the Guarantor (including but not limited to the Guarantor, Pledgor and Mortgagor, the lender has same below) neglects to manage and exercise the right to recognize that all credit granted of recourse on its matured debt claims, or transfer property or other acts of evading debts by the borrower to the lenderdisposing of its major property without compensation, at an unreasonable low price or in other inappropriate ways. 6. The Borrower uses false contracts and arrangements entered with any third party, including but not limited to loans, discounting, bank acceptance bills, international trade financing, bank guarantees, etc., have expired in advance, and has the right to take (1) reducing discounting or canceling the maximum loan limit stipulated in this contract; (2) Early termination of relevant contracts and agreements signed with the borrower, including but not limited to this contract; (3) Cease the issuance of new loans and ensure that all loans under this contract mature early, and recover all loan principal, interest, and fees in advance; (4) Directly deduct the corresponding amount from any account of the borrower to repay the loan principal, interest, and expenses, and notify the borrower; (5) Request additional collateral measures recognized by the lender; (6) File a lawsuit with the people’s court and take asset preservation measures pledging receivables such as sealingnegotiable instruments without real trade background, freezing, and deducting; (7) Other asset preservation measures. At to obtain funds or credit from the same time, all branches of Ningbo Bank also enjoy the above-mentioned rights over the borrowerLender or other banks. (1) 7. The borrower experiences production suspension, closure, dissolution, takeover, cancellation of registration, bankruptcy filing, suspension for rectification, revocation of business license or revocation; (2) The borrower conceals important facts related to the conclusion of this contract or provides false information, situations, or statements, Borrower or the information provided contains false information; Or providing false statements, vouchers, documents, and Guarantor violates other materials to the lender during the validity period of this contract; (3) If the borrower fails to repay the loan principal and interest in accordance with this contract and the corresponding loan receipt (including early maturity by Xxxx, including situations where the loan has already been repaid after overdue); (4) If the borrower fails to use the loan for the purpose specified in this contract and the corresponding loan receipt, the loan funds shall be used for fixed asset, equity and other investments, the loan funds shall be used for areas and purposes prohibited by the state for production and operation, and the credit funds shall be transferred or used to purchase other financial products for arbitrage; (5) The borrower fails to fulfill the obligations agreed upon with the lender or a third party or obligations stipulated by laws and regulations; (6) Disposal contracts (including but not limited to giftingcredit contracts, transferring, transferring, loan contracts and guarantee contracts) signed with the Lender or selling at a low price) of any assets debt securities issued by the borrower before repaying Lender. 8. The Borrower or the lender’s debtGuarantor violates other contracts (including but not limited to credit contracts, which may loan contracts and guarantee contracts) signed with other banks or has already affected its ability to repay the lender’s debt;issue any debt securities. (7) 9. The borrower’s credit status has declined, their business activities have encountered difficulties, their financial condition has deteriorated, or they have exceeded the financial indicators set by the lender or agreed upon by both parties; (8) The borrower fails to make the loan payment in accordance with the agreed method; (9) The borrower is involved in economic disputes or litigation, or any of its assets are subject to preservation measures such as sealing, freezing, or deduction; (10) If the borrower is prosecuted, fined or fined for suspected illegal activities, or if the borrower’s legal representative or main person in charge is detained, arrested, subject to compulsory measures, prosecuted, sentenced or fined for suspected illegal activities; (11) The borrower fails to fulfill any obligation stipulated in this contract and the corresponding loan receipt, or violates any terms and commitments stipulated in this contract and the corresponding loan receipt; (12) If the guarantee contract under this contract becomes invalid, the guarantor’s guarantee ability decreases, the value Guarantor of the collateral decreases, or the collateral is subject to preservation measures such as sealing, freezing, or deduction, which affect the security of the creditor’s rights under this contract; (13) The guarantor Borrower violates the provisions of the guarantee contract; contract (14) The borrower’s affiliated parties or actual controllers have experienced the events listed in items (1), (5), (7), (9), and (10) of this clause, as well as other changes that are unfavorable including but not limited to the realization guarantee contract, mortgage contract and pledge contract, the same below) or breaches any arrangement under the guarantee contract, or the guarantee contract is not effective, invalid or revoked; the value of the lender’s creditor’s rightscollateral is significantly reduced, lost, with ownership dispute, or sealed up, detained, frozen, deducted, retained, auctioned, etc. 10. Other events of default that affect the business activities of the Borrower and the borrower has failed to provide Guarantor and the lender’s approved guarantee as required by the lender; (The definition of related parties can be found in “Enterprise Accounting Standard No. 36- Disclosure of Related Parties” and its revised version; the definition of actual controller can be found in “Company Law loan safety of the People’s Republic of China” and its revised version.) (15) Any other event thatLender, in addition to the aforementioned events, has an adverse impact on the borrower’s repayment obligations under this contract, as determined by the lender. The lender has complete independent discretion to determine whether the above situation has occurred. 3.4 During the loan payment process, if the lender, based on their independent judgment, believes that the borrower has one or more of the following situations, the lender has the right to adopt (1) changing the loan payment method from self payment to entrusted payment (including partial entrusted payment); (2) Stop the disbursement and payment of loan funds; (3) Negotiate with the borrower to supplement the loan disbursement and payment conditions.but not limited to: (1) The borrower’s credit condition Borrower or the Guarantor has declined;deficit in operation or financial condition, or incurs significant financial losses. Asset losses (including but not limited to asset losses due to its external guarantees) or other financial crises. (2) The borrower’s main Borrower is subject to administrative penalty or criminal sanction or is involved in major legal disputes due to illegal business has weak profitability;practices. (3) The borrower’s use Borrower, the shareholder or the actual controller of loan funds is abnormalthe Borrower, the Legal Representative or the main administrative staff of the Guarantor are involved in major legal actions or their major assets are subject to compulsory measures such as property preservation or are subject to administrative penalties or criminal sanctions, or other events that lead to their inability to perform their duties normally. 3.5 If the borrower fails to repay the principal, interest, compound interest, penalty interest and other debts due (including early maturity4) as agreed, the lender has the right to deduct the corresponding amount from all accounts opened The guarantee provided by the borrower at Ningbo Bank Co., Ltd. and its branches for repayment and notify the borrower. When the lender deducts the borrower’s unexpired fixed deposits and needs Borrower or Guarantor to withdraw them all in advance, interest shall be calculated and paid according to the current deposit interest rate announced on the withdrawal date; If partial advance withdrawal is required, interest shall be calculated based on the current deposit interest rate announced on the withdrawal date, and interest shall be calculated based on the fixed deposit interest rate on the opening date of the fixed deposit when the remaining portion matures. The interest losses incurred due to deduction shall be borne by the borrower themselves. The borrower hereby irrevocably authorizes the lender to deduct the above-mentioned amount at any time. 3.6 If the borrower breaches this contract, evades the supervision of the lender, conceals important facts related to this contract, or provides false information or situations, or engages in other illegal activities, the lender has the right to publicly disclose the breach information in accordance with the law, or provide relevant information to the collection agency for the purpose of collection, or announce the collection through media such as China Execution Information Disclosure Network, or notify relevant departments or units. At the same time, the borrower authorizes the lender to provide the borrower’s name, contact information, and other relevant information to the debt collection agency for the purpose of debt collection, or to announce debt collection through media such as China Execution Information Disclosure Network. The debt collection agency and media such as China Execution Information Disclosure Network have the obligation to keep the borrower’s information confidential and shall not use the borrower’s information beyond the purpose of debt collection. At the same time, the lender has the right to hold the borrower liable for breach of contract in accordance with laws, regulations, and the provisions of this contract. 3.7 The lender has the right to participate in the borrower’s large-scale financing, asset sales, mergers, divisions, shareholding reform, bankruptcy liquidation and other activities. 3.8 The borrower and the xxxxxxx shall complete legal procedures such as mortgage registration and property insurance in accordance with the lender’s requirements, and the guarantee and insurance shall remain valid. The lender has the right to request to become the first priority claimant for insurance benefits and obtain copies of relevant insurance contracts or insurance documents. Otherwise, the lender has the right to refuse to provide the loan under this contract. 3.9 The lender has the right to require the borrower to promptly reconcile the loan. 3.10 On the premise that the borrower and guarantor fulfill the obligations stipulated in this contract and the guarantee contract, the lender shall issue the loan to the borrower in accordance with the provisions of this contract and the corresponding loan receipt. The lender has the right to entrust the head office and other branches of Ningbo Bank, any payment agent or agent bank of Ningbo Bank to issue loans to the borrower in accordance with the provisions of this contract. The borrower has no objection to this and promises that the performance of the head office and other branches, payment agent or agent bank of Ningbo Bank shall be deemed as the performance of the lender. All payment obligations under this contract shall be fulfilled by the borrower to the lender, and all rights shall be enjoyed by the lender. If the borrower defaults, the lender has the right to directly claim the creditor’s rights from the borrower. 3.11 If the guarantor of the loan under this contract experiences any event that poses a threat to its normal operation or third party has a significant adverse impact on its financial status or its ability to guarantee perform its debts obligations under this contractthe Contract. (5) The Borrower or the Guarantor has separation, including but not limited to production suspensionmerger, business major acquisition and reorganization, disposal of major assets, reduction of capital, closure, cancellation suspension of registrationbusiness for rectification, liquidation, reorganization, cancellation, dissolution, bankruptcy, revocation of business license, bankruptcy, difficulties in business activities, deterioration of financial condition, legal representative or main person in charge suspected of engaging in illegal activities, involving litigation activities or major economic disputes, property being sealed, frozen or deducted, or if etc. (6) Other circumstances that the value Lender deems would impair the security of the collateral, pledged property, pledged rights as collateral for the loan under this contract is reduced and asset preservation measures such as sealing, freezing or deduction are taken, and the borrower fails to provide the required guarantee as required by the lender, The lender also has the right to take all measures stipulated in Article 3.3 of this contractloan. 3.12 If there is any mortgage guarantee for the creditor’s rights under this contract, if the relevant mortgage certificate fails to complete the relevant certificate and mortgage registration procedures as required by the lender before the expiration of the relevant mortgage certificate, the loan has the right to require the borrower to take remedial measures such as early deposit of full security deposit and additional guarantee.

Appears in 1 contract

Samples: Working Capital Loan Contract (UTime LTD)

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Rights and Obligations of the Lender. 3.1 2.1 The lender has the right to recover or prematurely recall recover in advance the loan principal, interest, compound interest, penalty interest, and other debts as stipulated in accordance with this contract agreement and the relevant loan receiptscorresponding promissory notes. 3.2 2.2 The lender can has the right to understand the borrower’s operationalproduction and operation, financial activities, material inventory, and loan usage, and to inspect the use and management of loansthe collateral at any time. The lender requires the borrower to provide truthful and complete financial statements, documents, and inspect information on a monthly basis, and has the collateral’s management. The borrower must provide truthful monthly financial reports right to query, print, save, and the lender may check use the borrower’s basic information and credit reports through the People’s Bank of China credit reporting system or other institutions and systems in accordance with relevant systemsregulations. 3.3 2.3 During the validity period of this contractagreement, if the borrower or its affiliates or actual controllers encounter any of the following situations, the lender has the right to recognize that all credit granted by the credits it extends to the borrower to the lenderbecome due prematurely, including but not limited to loans, discounting, bank acceptance billsdrafts, international trade financing, bank guarantees, PURSUANT TO ITEM 601(b)(10)(iv) OF REGULATION S-K, THIS EXHIBIT OMITS CERTAIN INFORMATION, IDENTIFIED BY [***], THAT IS NOT MATERIAL AND THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. etc., have expired in advance, and has the right to take to: (1) reducing or canceling Rescind the maximum loan limit stipulated in this contract; (2) Early termination of relevant contracts agreements and agreements signed with the borrowerborrower in advance, including but not limited to this contractagreement; (32) Cease the issuance of Stop issuing new loans and ensure announce that all loans under this contract mature agreement will expire early, and recover all loan principal, interest, and fees expenses will be recovered in advance; (43) Directly deduct the corresponding amount from any account of the borrower to repay the loan principal, interest, and expenses, and notify the borrower; (54) Request additional collateral measures recognized by the lender; (65) File a lawsuit with to the people’s court and take asset preservation measures such as sealingseizure, freezing, and deductingwithholding; (76) Other asset preservation measures. At the same time, all branches of Bank of Ningbo Bank also enjoy have the above-mentioned aforementioned rights over the borrower. (1) The borrower experiences production suspensionhas been suspended, closureclosed down, dissolutiondissolved, takeovertaken over, cancellation of registrationderegistered, bankruptcy filingdeclared bankrupt, suspension suspended for rectification, revocation revoked or revoked of business license or revocationlicense; (2) The borrower conceals important facts related to the conclusion of this contract agreement or provides false information, situations, situations or statements, or the provided information provided contains containing false information; Or providing or provide false statements, vouchers, documents, documents and other materials to the lender during the validity period of this contractagreement; (3) If the borrower fails to repay the loan principal and interest in accordance with this contract agreement and the corresponding loan receipt promissory note (including announcement of early maturity by Xxxx, maturity; including situations where the loan has already been repaid after going overdue); (4) If the The borrower fails to use the loan for the purpose specified in accordance with this contract agreement and the corresponding loan receipt, the loan funds shall be used for fixed asset, equity and other investments, the loan funds shall be used for areas and purposes prohibited by the state for production and operation, and the credit funds shall be transferred or used to purchase other financial products for arbitragepromissory note; (5) The borrower fails to fulfill the obligations agreed upon with the lender or a third party or the obligations stipulated by laws and regulations; (6) Disposal (including but not limited to giftinggift, transferringtransfer, transferringassign, or selling sell at a low price) of any assets by the borrower before repaying the lender’s debt, which may or has already affected its ability to repay its debts to the lender’s debt; (7) The borrower’s credit status condition has declined, their business activities have encountered difficulties, their financial condition has deteriorated, or they have exceeded the financial indicators set by the lender or agreed upon by both parties; (8) The borrower fails to make pay the loan payment funds in accordance with the agreed methodmanner; (9) The borrower is involved in economic disputes or litigationlawsuits, or any of its assets are subject to preservation measures such as sealingseizure, freezing, or deduction;withholding; PURSUANT TO ITEM 601(b)(10)(iv) OF REGULATION S-K, THIS EXHIBIT OMITS CERTAIN INFORMATION, IDENTIFIED BY [***], THAT IS NOT MATERIAL AND THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (10) If the borrower is prosecuted, fined prosecuted or fined for suspected illegal activities, or if the borrower’s legal representative or main person in charge of the borrower is detained, arrested, subject subjected to compulsory measures, prosecuted, sentenced or fined for suspected illegal activities; (11) The borrower fails to fulfill perform any obligation of the obligations stipulated in this contract agreement and the corresponding loan receiptpromissory note, or violates any of the terms and commitments stipulated in this contract agreement and the corresponding loan receiptpromissory note; (12) If the The guarantee contract agreement under this contract agreement becomes invalid, ; the guarantor’s guarantee ability decreases, ; the value of the collateral decreases, or the collateral is subject to ; preservation measures such as sealingseizure, freezing, or deductiondeduction of the collateral are adopted, which affect affecting the security of the creditor’s rights under this contractagreement; (13) The guarantor violates the provisions of the guarantee contractagreement; (14) The borrower’s affiliated parties or actual controllers have experienced the events listed in items (1), (5), (7), (9), and (10) of this clause, as well as other changes that are unfavorable not conducive to the realization of the lender’s creditor’s creditor rights, and the borrower has failed to provide the lender’s approved recognized guarantee as required by the lender; (The the definition of related parties can be found in “Enterprise Accounting Standard for Business Enterprises No. 36- 36 - Disclosure of Related Parties” Parties and its revised versionmodified versions; the definition of actual controller can be found in the Company Law of the People’s Republic of China” China and its revised versionmodified versions.) (15) Any other event events that, in addition to the aforementioned eventsjudgment of the lender, has have an adverse impact on the borrower’s repayment obligations under this contractagreement, as determined by in addition to the lenderaforementioned events. The lender has complete independent discretion independence to determine judge whether the above situation has occurredoccurs. 3.4 2.4 During the loan payment process, if the lender, based on their its independent judgment, believes that the borrower has one or more of the following situations, the lender has the right to adopt to: (1) changing Change the loan payment method from self independent payment to entrusted payment (including partial entrusted payment); (2) Stop the disbursement and payment of loan funds; (3) Negotiate with the borrower to supplement the loan disbursement and payment conditionsterms. (1) The borrower’s credit condition status has declined; (2) The borrower’s main business has weak profitabilityprofitability is not strong; (3) The borrower’s use of loan funds fund usage is abnormal. 3.5 2.5 If the borrower fails to repay the loan principal, interest, compound interest, penalty interest and other debts due (including early maturity) as agreed, the lender has the right to deduct the corresponding amount from all accounts opened by the borrower at with Bank of PURSUANT TO ITEM 601(b)(10)(iv) OF REGULATION S-K, THIS EXHIBIT OMITS CERTAIN INFORMATION, IDENTIFIED BY [***], THAT IS NOT MATERIAL AND THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Ningbo Bank Co., Ltd. and its branches for repayment and notify the borrower. When the lender deducts the borrower’s unexpired outstanding fixed deposits deposit and needs to withdraw them all it in advance, interest shall be calculated and paid according to the current demand deposit interest rate announced on the withdrawal date; . If partial advance withdrawal is required, interest shall be calculated and paid based on the current deposit interest rate announced on the withdrawal date, and while interest shall be calculated and paid based on the fixed deposit interest rate on the account opening date of the fixed deposit when the remaining portion maturesupon maturity. The interest losses loss incurred due to deduction shall be borne by the borrower themselvesborrower. The borrower hereby irrevocably authorizes the lender to deduct the above-mentioned amount at any time. 3.6 2.6 If the borrower breaches this contractagreement, evades the supervision of the lender’s supervision, conceals important facts related to this contractagreement, or provides false information and circumstances or situations, or engages is involved in other illegal activities, the lender has the right to publicly disclose provide the breach relevant information to the collection agency for collection purposes in accordance with the law, or notify relevant departments or authorities. The borrower irrevocably authorizes the lender to provide the relevant information such as the borrower’s name and contact information to the collection agency for the purpose of collection, or announce the collection through media such as China Execution Information Disclosure Network, or notify relevant departments or units. At the same time, the borrower authorizes the lender to provide the borrower’s name, contact information, and other relevant information to the debt The collection agency for the purpose of debt collection, or to announce debt collection through media such as China Execution Information Disclosure Network. The debt collection agency and media such as China Execution Information Disclosure Network have has the obligation to keep the borrower’s information confidential and shall not use the borrower’s information beyond the purpose of debt collectioncollection purpose. At the same timeMeanwhile, the lender has the right to hold the borrower liable for breach of contract in accordance with laws, regulations, and the provisions of this contractagreement. 3.7 2.7 The lender has the right to participate in the borrower’s activities such as large-scale financing, asset sales, mergers, divisions, shareholding reform, and bankruptcy liquidation and other activitiesof the borrower. 3.8 2.8 The borrower and the xxxxxxx mortgager (xxxxxxx) shall complete legal procedures such as mortgage (pledge) registration and property insurance in accordance with the lender’s requirements, and the guarantee and insurance shall remain valid. The lender has the right to request to become the first priority claimant for insurance benefits claim holder and obtain copies of relevant insurance contracts agreements or insurance documents. Otherwise, the lender has the right to refuse to provide the loan under this contractagreement. 3.9 2.9 The lender has the right to require request the borrower to promptly reconcile complete the loanloan reconciliation work. 3.10 2.10 On the premise that the borrower and guarantor fulfill the obligations stipulated in this contract agreement and the guarantee contractagreement, the lender shall issue the a loan to the borrower in accordance with the provisions of this contract agreement and the corresponding loan receiptpromissory note. The lender has the right to entrust the head office and other branches of Ningbo Bank, any payment agent or agent bank of Ningbo Bank to issue loans 11 / 25 2.11 Any event that poses a threat to the borrower in accordance with the provisions normal operation of this contract. The borrower has no objection to this and promises that the performance of the head office and other branches, payment agent or agent bank of Ningbo Bank shall be deemed as the performance of the lender. All payment obligations under this contract shall be fulfilled by the borrower to the lender, and all rights shall be enjoyed by the lender. If the borrower defaults, the lender has the right to directly claim the creditor’s rights from the borrower. 3.11 If the guarantor of the loan under this contract experiences any event that poses a threat to its normal operation agreement or has a significant adverse impact on its corresponding guarantee ability to guarantee for its debts under this contractagreement, including but not limited to production suspension, business closure, cancellation of registration, revocation of business license, bankruptcy, difficulties in business activities, deterioration of financial condition, legal representative or main person in charge suspected of engaging in illegal activities If it involves litigation activities, involving litigation activities or major economic disputes, property being sealedasset preservation measures such as seizure, frozen freezing, or deducteddeduction of assets, or if the value of the collateral, pledged propertypledge, pledged or pledge rights used as collateral for the loan loans under this contract is reduced agreement decreases and asset preservation measures such as sealingseizure, freezing freezing, or deduction are taken, and the borrower fails to provide the required guarantee collateral as required requested by the lender, The the lender also has the right to take all the measures stipulated in Article 3.3 2.3 of this contractagreement. 3.12 If there is any mortgage guarantee for the creditor’s rights under this contract, if the relevant mortgage certificate fails to complete the relevant certificate and mortgage registration procedures as required by the lender before the expiration of the relevant mortgage certificate, the loan has the right to require the borrower to take remedial measures such as early deposit of full security deposit and additional guarantee.

Appears in 1 contract

Samples: Online Working Capital Loan Master Agreement (Zai Lab LTD)

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