Statements and Promises. Party A hereby makes the following statement: 1. Party A is a corporate legal person set up and existing in accordance with law. It has completed industry and commerce registration procedures or will do so in a timely manner, has all necessary rights and can perform the obligations under this agreement and the single item agreements in its own name; 2. The execution and performance of this agreement and the single item agreements is an indication of the true intent of Party A, for which legitimate and valid corporate authorization has been obtained in accordance with the articles of association or other internal management document of the enterprise and which shall not violate any agreement, contract and other legal documents binding on Party A; 3. All documents, financial statements, vouchers and other information provided by Party A to Party B under this agreement and the single item agreements are true, complete, accurate and valid; 4. The background of the transaction for which Party A has filed an application with Party B for completion of business according to proper procedures is true and legitimate, and is not used for any illegal purpose such as money laundering. Furnishing by Party A of any documents to Party B as required by Party B shall not be construed as the undertaking by Party B of any obligation and responsibility to examine the truthfulness and legitimacy of the transactions conducted by Party A; 5. Party A has not concealed to Party B any event that affects its and its guarantor’s financial status and their contract performance ability. Party A promises as follows: 1. To regularly submit its financial statements (including but not limited to annual statements, quarterly statements and monthly statements) and other related information to Bank of China; 2. To accept and cooperate with Bank of China in inspection and supervision of the use of its line of credit and relevant production, operational and financial activities. 3. In the event that Party A has signed a counter guarantee agreement or similar agreement together with the guarantor of this agreement with respect to its guarantee obligations, such an agreement shall not compromise any right of Party B under this agreement; 4. Upon the occurrence of any event that affects the financial status and contract performance ability of Party A or its guarantor, including but not limited to any reduction in registered capital, transfer of any major asset or equity, undertaking of any major debt or encumbrance of any new major debt on the collateral, the seizure of the collateral, dissolution, revocation, major lawsuit, involvement of top management in lawsuits or criminal case and (being subject to) application for bankruptcy, etc., Party A shall notify Party B in the fastest manner and without hesitation; replace the guarantor at the request of Party B or provide a new guarantee or add a new guarantee. 5. Party A shall seek the written consent of Party B before it is involved in any change of operating modes, such as any form of partitioning, merger, cooperative business, joint venture with a foreign investor, cooperation, contractual operations, reorganization, restructuring and plan for being listed on the stock exchange, etc.; 6. For any matters not agreed upon in this agreement, Party A hereby agrees to handle them according to international practices and the applicable rules of Party B. 7. Party A shall report any affiliated transactions involving more than 10% of Party A’s net assets to Party B in a timely manner, including: (1) The affiliation among the parties to the transaction; (2) The transaction item and the nature of the transaction; (3) The amount or corresponding percentage of the transaction; (4) The pricing policies (including transaction without an amount or with only a nominal amount).
Appears in 2 contracts
Samples: Line of Credit Agreement (Multi Fineline Electronix Inc), Line of Credit Agreement (Multi Fineline Electronix Inc)
Statements and Promises. Party A hereby makes the following statementstates as follows:
1. Party A is a corporate legal person set up and existing in accordance with lawlaw and has completed and will promptly complete the procedures for industry and commerce registration. It has completed industry and commerce registration procedures or will do so in a timely manner, has all the necessary rights to and can perform in its own name the obligations under this agreement Agreement and the single item agreements in its own nameseparate agreements;
2. The execution and performance of this agreement Agreement and the single item separate agreements is an indication expression of the true intent intention of Party A, for which legitimate A. Legitimate and valid corporate authorization has been obtained in accordance with the requirements of the articles of association of the enterprise or other internal management document of the enterprise documents, and which shall not violate any no agreement, contract and other legal documents that are binding on Party AA shall be violated;
3. All the documents, financial statements, supporting vouchers and other information provided by Party A to Party B under this agreement Agreement and the single item separate agreements are true, complete, accurate and valid;
4. The background of the transaction transactions for which Party A has filed an application applies for consummation with Party B for completion of business according to proper procedures is have a true and legitimate, legitimate background and is are not used for any illegal purpose purposes such as money laundering. Furnishing The provision by Party A of any documents document to Party B as required by at Party B B’s request shall not be construed interpreted as the undertaking by Party B of any obligation and responsibility on the part of Party B to examine the truthfulness veracity and legitimacy of the transactions conducted transaction engaged in by Party A;; and
5. Party A has not concealed to from Party B any event that possibly affects its and its guarantor’s the financial status and their contract performance abilitycapabilities of Party A and its guarantors. Party A promises as followshereby makes the following promises:
1. To regularly Periodically submit its financial statements and other relevant information to Party B (including but not limited to annual statements, quarterly statements and monthly statements) and other related information to Bank of China);
2. To accept Accept and cooperate with Bank support examinations and oversight by Party B of China in inspection and supervision its use of the use of its line lines of credit and as well as relevant production, operational and financial activities.
3. In the event that Party A has signed executed or will execute a counter guarantee agreement or any similar agreement together with the guarantor of this agreement with respect to Agreement regarding its guarantee obligations, such an agreement shall not compromise any right of Party B under this agreementAgreement;
4. Upon the occurrence of any event circumstance that affects may affect the financial status and contract performance ability capabilities of Party A or its guarantor, including but not limited to any reduction in their registered capital, transfer of any major asset or equitystock ownership transfer, the undertaking of any major debt or the encumbrance of any new major debt on the collateral, the seizure of the collateralcollaterals, dissolution, revocation, major lawsuit, involvement of top management in lawsuits or criminal case revocation and (being subject to) application for bankruptcyany bankruptcy application, etc., Party A shall notify Party B in the fastest manner and without hesitation; replace the guarantor at the request of Party B or provide a new guarantee or add a new guarantee.;
5. In the event that Party A shall seek the changes its operating methods by any form of partitioning, consolidation, joint operations, joint ventures and cooperation with a foreign investor, contractual operations, restructuring, reorganizations or planning to go public on a stock exchange, etc., prior written consent of Party B before it is involved in any change of operating modes, such as any form of partitioning, merger, cooperative business, joint venture with a foreign investor, cooperation, contractual operations, reorganization, restructuring and plan for being listed on the stock exchange, etc.;shall be obtained; and
6. For Regarding any matters not agreed upon covenanted in this agreementAgreement, Party A hereby agrees to handle them according to in accordance with international practices and the applicable rules requirements of Party B.
7. Party A shall report any affiliated transactions involving more than 10% of Party A’s net assets to Party B in a timely manner, including:
(1) The affiliation among the parties to the transaction;
(2) The transaction item and the nature of the transaction;
(3) The amount or corresponding percentage of the transaction;
(4) The pricing policies (including transaction without an amount or with only a nominal amount).
Appears in 2 contracts
Samples: Credit Line Agreement (Multi Fineline Electronix Inc), Credit Line Agreement (Multi Fineline Electronix Inc)
Statements and Promises. Party A hereby makes the following statement:
1. Party A is a corporate legal person set up and existing in accordance with law. It has completed industry and commerce registration procedures or will do so in a timely manner, has all necessary rights and can perform the obligations under this agreement and the single item agreements in its own name;
2. The execution and performance of this agreement and the single item agreements is an indication of the true intent of Party A, for which legitimate and valid corporate authorization has been obtained in accordance with the articles of association or other internal management document of the enterprise and which shall not violate any agreement, contract and other legal documents binding on Party A;
3. All documents, financial statements, vouchers and other information provided by Party A to Party B under this agreement and the single item agreements are true, complete, accurate and valid;
4. The background of the transaction for which Party A has filed an application with Party B for completion of business according to proper procedures is true and legitimate, and is not used for any illegal purpose such as money laundering. Furnishing by Party A of any documents to Party B as required by Party B shall not be construed as the undertaking by Party B of any obligation and responsibility to examine the truthfulness and legitimacy of the transactions conducted by Party A;.
5. Party A has not concealed to Party B any event that affects its and its guarantor’s financial status and their contract performance ability.
6. The purpose of the loan and the source of repayment are genuine and lawful. Party A promises as follows:
1. To regularly submit its financial statements (including but not limited to annual statements, quarterly statements and monthly statements) and other related information to Bank of China;
2. To accept and cooperate with Bank of China in inspection and supervision of the use of its line of credit and relevant production, operational and financial activities.
3. In the event that Party A has signed a counter guarantee agreement or similar agreement together with the guarantor of this agreement with respect to its guarantee obligations, such an agreement shall not compromise any right of Party B under this agreement;
4. Upon the occurrence of any event that affects the financial status and contract performance ability of Party A or its guarantor, including but not limited to any reduction in registered capital, transfer of any major asset or equity, undertaking of any major debt or encumbrance of any new major debt on the collateral, the seizure of the collateral, dissolution, revocation, major lawsuit, involvement of top management in lawsuits or criminal case and (being subject to) application for bankruptcy, etc., Party A shall notify Party B in the fastest manner and without hesitation; replace the guarantor at the request of Party B or provide a new guarantee or add a new guarantee.
5. Party A shall seek the written consent of Party B before it is involved in any change of operating modes, such as any form of partitioning, merger, cooperative business, joint venture with a foreign investor, cooperation, contractual operations, reorganization, restructuring and plan for being listed on the stock exchange, etc.;any reduction in registered capital, transfer of any major asset or equity, undertaking of any major debt or encumbrance of any new major debt on the collateral, the seizure of the collateral, dissolution, revocation, (being subject to) application for bankruptcy,major lawsuit,Party A shall notify Party B in the fastest manner and without hesitation
65. For any matters not agreed upon in this agreement, Party A hereby agrees to handle them according to international practices and the applicable rules of Party B.
6. The funds obtained under this Agreement and the Individual Agreements will not be used to transfer loans or purchase other financial products for arbitrage or to illegally add new hidden debts of local governments.
7. Cooperate with Party B to conduct due diligence, provide and update information about the Institution and its beneficial owners, and provide background information about the transaction.
8. Party A shall submit its environmental and social risk report any affiliated transactions involving more than 10% of Party A’s net assets to Party B in a timely manner, including:
(1) The affiliation among the parties X.Xxxxx A represents and warrants to the transaction;
(2) The transaction item strengthen environmental and the nature social risk management and undertakes to accept Party B's xxxxxxxxxxx.Xxxxx A's breach of the transaction;
(3) The amount foregoing shall constitute or corresponding percentage be deemed to be a breach of the transaction;
(4) The pricing policies (including transaction without an amount or Agreement, and Party B may take remedies in accordance with only a nominal amount)the provisions hereof.
Appears in 1 contract
Samples: Line of Credit Agreement (Planet Image International LTD)
Statements and Promises. Party A hereby makes the following statement:
1. Party A is a corporate legal person set up and existing in accordance with law. It has completed industry and commerce registration procedures or will do so in a timely manner, has all necessary rights and can perform the obligations under this agreement and the single item agreements in its own name;
2. The execution and performance of this agreement and the single item agreements is an indication of the true intent of Party A, for which legitimate and valid corporate authorization has been obtained in accordance with the articles of association or other internal management document of the enterprise and which shall not violate any agreement, contract and other legal documents binding on Party A;
3. All documents, financial statements, vouchers and other information provided by Party A to Party B under this agreement and the single item agreements are true, complete, accurate and valid;
4. The background of the transaction for which Party A has filed an application with Party B for completion of business according to proper procedures is true and legitimate, and is not used for any illegal purpose such as money laundering. Furnishing by Party A of any documents to Party B as required by Party B shall not be construed as the undertaking by Party B of any obligation and responsibility to examine the truthfulness and legitimacy of the transactions conducted by Party A;.
5. Party A has not concealed to Party B any event that affects its and its guarantor’s financial status and their contract performance ability.
6. The purpose of the loan and the source of repayment are genuine and lawful. Party A promises as follows:
1. To regularly submit its financial statements (including but not limited to annual statements, quarterly statements and monthly statements) and other related information to Bank of China;
2. To accept and cooperate with Bank of China in inspection and supervision of the use of its line of credit and relevant production, operational and financial activities.
3. In the event that Party A has signed a counter guarantee agreement or similar agreement together with the guarantor of this agreement with respect to its guarantee obligations, such an agreement shall not compromise any right of Party B under this agreement;
4. Upon the occurrence of any event that affects the financial status and contract performance ability of Party A or its guarantor, including but not limited to any reduction in registered capital, transfer of any major asset or equity, undertaking of any major debt or encumbrance of any new major debt on the collateral, the seizure of the collateral, dissolution, revocation, major lawsuit, involvement of top management in lawsuits or criminal case and (being subject to) application for bankruptcy, etc., Party A shall notify Party B in the fastest manner and without hesitation; replace the guarantor at the request of Party B or provide a new guarantee or add a new guarantee.
5. Party A shall seek the written consent of Party B before it is involved in any change of operating modes, such as any form of partitioning, merger, cooperative business, joint venture with a foreign investor, cooperation, contractual operations, reorganization, restructuring and plan for being listed on the stock exchange, etc.;any reduction in registered capital, transfer of any major asset or equity, undertaking of any major debt or encumbrance of any new major debt on the collateral, the seizure of the collateral, dissolution, revocation, (being subject to) application for bankruptcy,major lawsuit,Party A shall notify Party B in the fastest manner and without hesitation
65. For any matters not agreed upon in this agreement, Party A hereby agrees to handle them according to international practices and the applicable rules of Party B.
6. The funds obtained under this Agreement and the Individual Agreements will not be used to transfer loans or purchase other financial products for arbitrage or to illegally add new hidden debts of local governments.
7. Cooperate with Party B to conduct due diligence, provide and update information about the Institution and its beneficial owners, and provide background information about the transaction.
8. Party A shall submit its environmental and social risk report any affiliated transactions involving more than 10% of to Party X.Xxxxx A represents and warrants to strengthen environmental and social risk management and undertakes to accept Party B’s xxxxxxxxxxx.Xxxxx A’s net assets breach of the foregoing shall constitute or be deemed to be a breach of the Agreement, and Party B may take remedies in a timely manner, including:
(1) The affiliation among accordance with the parties to the transaction;
(2) The transaction item and the nature of the transaction;
(3) The amount or corresponding percentage of the transaction;
(4) The pricing policies (including transaction without an amount or with only a nominal amount)provisions hereof.
Appears in 1 contract
Samples: Line of Credit Agreement (Planet Image International LTD)