Common use of The rights and obligations of Lender Clause in Contracts

The rights and obligations of Lender. 7.1 When borrower satisfied the requirement, the lender shall release the loan to borrower in full amount as schedule under this contract; 7.2 Lender shall keep the information and statement related to borrower’s debts, finance, operating confidential, except stipulated by laws; 7.3 Lender has right to require borrower to provide the information related to the loan; 7.4 Lender has right to exam and verify the loan using status under this contract, to acknowledge borrower’s operating activities, financial statement, involved guarantee and debt issues; 7.5 Lender has right to require borrower to open loan settlement account with lender, to monitor such account; 7.6 Lender has right to join borrower to process big sum financing, assets sales and merger, incorporate splitting, stock structure reform, bankrupt settlement and etc activities to maintenance lender profit, in which joint activities shall not breach national laws and regulations; 7.7 During the loan fund releasing, if xxxxxxxx’s credit status drop down, the profit from main business weakening, using the loan out of purpose under contract, or borrower fails to repay the loan principle and interest as schedule under contract, the lender may change loan releasing requirement and paying out, or stop releasing and paying out, may declare that the releasing loan due immediately and withdraw back the loan principle and interest, and etc actions; 7.8 When lender withdraw back as scheduled under contract or in advance, such following items may be transferred from borrower’s account by lender, such account may be opened with lender(including each level RCC, cooperating banks, commercial banks and its branches), the repaying order shall be determined by lender; 7.9 The borrower breach contract or fails to accomplish repaying obligation, the lender has right to disclose it in public or claim right on media. 7.10 As required by laws or by relevant finance monitoring authorities, the lender has right to provide the information related to this contract or other relevant information to PBOC credit database or other credit database set by laws, which database may access by person or organizations who are permitted; accordingly, the lender is entitled to search relevant information of borrower from such credit database for the purpose of signing this contract; 7.11 Any event among following incur to borrower, the lender has right to stop releasing loan or other financing fund to borrower, partly or totally cancel the unreleased fund, to declare this contract and other un-repaid loan and other financing fund between borrower and lender is due, to withdraw unpaid fund, and require borrower to take the breaching responsibility and to provide compensation to lender for the loss caused by xxxxxxxx’s breach: 7.11.1 Xxxxxxxx uses the loan in the purpose which is not stipulated in contract, or fails to repay the loan principle and interest in full amount as scheduled; 7.11.2 Borrower pays out or uses the loan out of the contract binding; 7.11.3 Borrower breaches the contract, splits pay-out into pieces to avoid lender pay-out on consignment; 7.11.4 Borrower’s project working capital is not ready as scheduled or not as planned percentage, or not sufficient on date of lender required, or project process is not going as scheduled, or project construction、operating condition incur material adverse changed; 7.11.5 Borrower incurred accident for breaking food safety, production safety, environment protection, and etc regulations, which caused or causing material adverse on realizing the right under contract; 7.11.6 Borrower provides false financial statement or which statement with material information hidden; Borrower refused to accept the reviewing or monitoring from lender on production, operating, financial activities; 7.11.7 Borrower uses the loan to invest on equity capital, or uses the loan on real estate, securities, futures, and etc. speculation activities or other illegal transaction; 7.11.8 Xxxxxxxx obtained the loan with cheating as a loan shark to seek illegal profit; 7.11.9 Borrower obtained the loan with cheating, or pledged with false contract, note receivable, account receivable, and etc to obtain the loan in cheating; 7.11.10 Such events occur to the borrower, modes of business operation, organization system, debt-repay abilities or legal status changed, including but not limited to overseas investment, debt financing increasing, operating in a contract, lease, shareholding reform, affiliation, merger, acquisition, split, joint venture, asset transfer, apply for suspension and reform, apply for dismiss, apply for bankrupt, etc. above actions without lender’s written consent or no settlement for the loan repayment under this contract, or not provide another new guarantee, or not repay the loan in advance; 7.11.11 The Guarantee under this contract changed which caused adverse effect to creditor’s right, including but not limited to pledged properties damaged, losing, value decreasing, or guarantor breach any obligation under the Guarantee Contract, but borrower fails to provide another guarantee; 7.11.12 Guarantee contract or other guarantee method not become effect, invalid, canceled by declaring; guarantor fully lost guarantee abilities or declared who would not bind by the guarantee contract, guarantor broke any obligation or commitment under guarantee contract; guarantor broke the Guarantor Contract signed with a third party; on such event, borrower fails to provide another guarantee; 7.11.13 Xxxxxxxx declared that or by actions showed that he would not carry out the obligation under this contract; 7.11.14 Borrower or xxxxxxxx’s director get involved or may involve into material economic argument, law suit, arbitration, or assets sealed、detained or under forcible execution; be investigated or punished by legal authorities; be disclosed by public media for breaking national laws or regulations; above actions caused or causing effect on processing this contract; 7.11.15 Directors or management senior officer changed un-normally, missing, be investigated restriction of personal freedom or under restriction of personal freedom restriction of personal freedom, which caused or causing effect on processing this contract; 7.11.16 Borrower breached any other obligation and commitment under this contract, other actions may cause adverse effect to lender on realizing creditor’s right under contract;

The rights and obligations of Lender. 7.1 When borrower satisfied the requirement, the lender shall release the loan to borrower in full amount as schedule under this contract; 7.2 Lender shall keep the information and statement related to borrower’s debts, finance, operating confidential, except stipulated by laws; 7.3 Lender has right to require borrower to provide the information related to the loan; 7.4 Lender has right to exam and verify the loan using status under this contract, to acknowledge borrower’s operating activities, financial statement, involved guarantee and debt issues; 7.5 Lender has right to require borrower to open loan settlement account with lender, to monitor such account; 7.6 Lender has right to join borrower to process big sum financing, assets sales and merger, incorporate splitting, stock structure reform, bankrupt settlement and etc activities to maintenance lender profit, in which joint activities shall not breach national laws and regulations; 7.7 During the loan fund releasing, if xxxxxxxxbxxxxxxx’s credit status drop down, the profit from main business weakening, using the loan out of purpose under contract, or borrower fails to repay the loan principle and interest as schedule under contract, the lender may change loan releasing requirement and paying out, or stop releasing and paying out, may declare that the releasing loan due immediately and withdraw back the loan principle and interest, and etc actions; 7.8 When lender withdraw back as scheduled under contract or in advance, such following items may be transferred from borrower’s account by lender, such account may be opened with lender(including each level RCC, cooperating banks, commercial banks and its branches), the repaying order shall be determined by lender; 7.9 The borrower breach contract or fails to accomplish repaying obligation, the lender has right to disclose it in public or claim right on media. 7.10 As required by laws or by relevant finance monitoring authorities, the lender has right to provide the information related to this contract or other relevant information to PBOC credit database or other credit database set by laws, which database may access by person or organizations who are permitted; accordingly, the lender is entitled to search relevant information of borrower from such credit database for the purpose of signing this contract; 7.11 Any event among following incur to borrower, the lender has right to stop releasing loan or other financing fund to borrower, partly or totally cancel the unreleased fund, to declare this contract and other un-repaid loan and other financing fund between borrower and lender is due, to withdraw unpaid fund, and require borrower to take the breaching responsibility and to provide compensation to lender for the loss caused by xxxxxxxxbxxxxxxx’s breach: 7.11.1 Xxxxxxxx Bxxxxxxx uses the loan in the purpose which is not stipulated in contract, or fails to repay the loan principle and interest in full amount as scheduled; 7.11.2 Borrower pays out or uses the loan out of the contract binding; 7.11.3 Borrower breaches the contract, splits pay-out into pieces to avoid lender pay-out on consignment; 7.11.4 Borrower’s project working capital is not ready as scheduled or not as planned percentage, or not sufficient on date of lender required, or project process is not going as scheduled, or project construction、operating condition incur material adverse changed; 7.11.5 Borrower incurred accident for breaking food safety, production safety, environment protection, and etc regulations, which caused or causing material adverse on realizing the right under contract; 7.11.6 Borrower provides false financial statement or which statement with material information hidden; Borrower refused to accept the reviewing or monitoring from lender on production, operating, financial activities; 7.11.7 Borrower uses the loan to invest on equity capital, or uses the loan on real estate, securities, futures, and etc. speculation activities or other illegal transaction; 7.11.8 Xxxxxxxx Bxxxxxxx obtained the loan with cheating as a loan shark to seek illegal profit; 7.11.9 Borrower obtained the loan with cheating, or pledged with false contract, note receivable, account receivable, and etc to obtain the loan in cheating; 7.11.10 Such events occur to the borrower, modes of business operation, organization system, debt-repay abilities or legal status changed, including but not limited to overseas investment, debt financing increasing, operating in a contract, lease, shareholding reform, affiliation, merger, acquisition, split, joint venture, asset transfer, apply for suspension and reform, apply for dismiss, apply for bankrupt, etc. above actions without lender’s written consent or no settlement for the loan repayment under this contract, or not provide another new guarantee, or not repay the loan in advance; 7.11.11 The Guarantee under this contract changed which caused adverse effect to creditor’s right, including but not limited to pledged properties damaged, losing, value decreasing, or guarantor breach any obligation under the Guarantee Contract, but borrower fails to provide another guarantee; 7.11.12 Guarantee contract or other guarantee method not become effect, invalid, canceled by declaring; guarantor fully lost guarantee abilities or declared who would not bind by the guarantee contract, guarantor broke any obligation or commitment under guarantee contract; guarantor broke the Guarantor Contract signed with a third party; on such event, borrower fails to provide another guarantee; 7.11.13 Xxxxxxxx Bxxxxxxx declared that or by actions showed that he would not carry out the obligation under this contract; 7.11.14 Borrower or xxxxxxxxbxxxxxxx’s director get involved or may involve into material economic argument, law suit, arbitration, or assets sealed、detained or under forcible execution; be investigated or punished by legal authorities; be disclosed by public media for breaking national laws or regulations; above actions caused or causing effect on processing this contract; 7.11.15 Directors or management senior officer changed un-normally, missing, be investigated restriction of personal freedom or under restriction of personal freedom restriction of personal freedom, which caused or causing effect on processing this contract; 7.11.16 Borrower breached any other obligation and commitment under this contract, other actions may cause adverse effect to lender on realizing creditor’s right under contract;