Undertakings of the Borrower. 7.1 The Borrower undertakes to draw down and use the loan in accordance with the schedule and purpose as agreed hereunder. The Borrower shall not use the proceeds of the loan hereunder for investment in securities or futures market, or any other purpose prohibited or restricted by applicable laws and regulations. 7.2 The Borrower undertakes to settle principal, interest and any other amount payable in relation to the loan hereunder in accordance with this Contract. 7.3 The Borrower undertakes to accept and actively cooperate with the Lender’s check and supervision on use of the proceeds of the loan (including purpose of the loan) including account analysis, voucher verification and on-site investigation, and to regularly summarize and report information on the use of proceeds of the loan as requested by the Lender. 7.4 The Borrower undertakes to accept credit check by the Lender, to provide true, accurate and complete financial documents and other documents that reflect the Borrower’s ability to repay its debts (including all account banks, account numbers and balance of deposits) as requested by the Lenders, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditions. 7.5 The Borrower undertakes not to distribute any dividend or profit in any form when there is any principal, interest or other amount which is due and payable (including those being declared immediately due and payable) but unpaid under this Contract. 7.6 The Borrower undertakes to obtain prior written consent of the Lender, before it engages in any merger or division, reduces its capital, changes its equity, creates equity pledge, joins or leaves a partnership, transfers material assets, assigns material debts, makes material external investment, incurs material additional debt financing, or takes any other action that may cause an adverse impact on the Lender’s rights and interests. 7.7 The Borrower undertakes to promptly notify the Lender upon the occurrence of any of the following events: (1) any change to its name, company seal, articles of association, place of domicile, legal representative or principal, communication address, etc.; (2) its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licence, or application (or be applied for) for bankruptcy; (3) it is or may be involved in any material economic dispute, litigation or arbitration, or its assets are subject to seizure, attachment or enforcement, or subject to any investigation or punishment by the competent judicial, taxation, industry and commerce authority; or (4) any of its shareholders, directors, current senior management personnel or shareholders or investors is suspected of major crime or involved in any material economic dispute. 7.8 The Borrower undertakes to disclose its related party relationship and related party transaction to the Lender in a prompt, complete and accurate manner. 7.9 The Borrower undertakes to promptly confirm receipt of all notices sent by the Lender by post or any other means. 7.10 The Borrower undertakes not to dispose of its own assets in a way that will reduce its ability to repay its debts. The Borrower undertakes not to provide security to the benefit of any third party in a way that will harm the Lender’s rights and interests. 7.11 The Borrower undertakes to bear the expenses incurred by the Lender for realization of its claims hereunder, including without limitation legal fees, and auction fees. 7.12 The debt hereunder is senior to the debts owed by the Borrower to its shareholders, legal representative, principal, partners, major investors or key management personnel, and ranks at least pari passu with other similar debts owed by the Borrower to other creditors. 7.13 The Borrower undertakes to reinforce the management of environmental and social risks, and accept the supervision and check by the Lender in this respect. If requested by the Lender, the Borrower shall deliver environmental and social risk reports to the Lender.
Appears in 2 contracts
Samples: Small Business Loan Agreement (Genetron Holdings LTD), Small Business Loan Agreement (Genetron Holdings LTD)
Undertakings of the Borrower. 7.1 8.1 The Borrower undertakes to draw down and use the loan in accordance with the schedule and purpose as agreed hereunder. The Borrower shall not use the proceeds of the loan hereunder for investment in fixed assets or equity, or for investment in securities or futures market, or any other purpose prohibited or restricted by applicable laws and regulations.
7.2 8.2 The Borrower undertakes to settle principal, interest and any other amount payable in relation to the loan hereunder in accordance with this Contract.
7.3 8.3 The Borrower undertakes to accept and actively cooperate with the Lender’s 's check and supervision on use of the proceeds of the loan (including purpose of the loan) including account analysis, voucher verification and on-site investigation, and to regularly summarize and report information on the use of proceeds of the loan as requested by the Lender.
7.4 8.4 The Borrower undertakes to accept credit check by the Lender, to provide true, accurate and complete financial documents including balance sheets and income statements and other documents that reflect the Borrower’s 's ability to repay its debts (including all account banksdebts, account numbers and balance of deposits) as requested by the Lenders, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditions.
7.5 8.5 The Borrower undertakes not to distribute any dividend or profit in any form when there is any before full settlement of principal, interest or and other amount which is due and payable (including those being declared immediately due and payable) but unpaid under this Contractin relation to the loan hereunder.
7.6 8.6 The Borrower undertakes to obtain prior written consent of the Lender or make appropriate arrangements in relation to the realization of the Lender's claims to the Lender's satisfaction, before it engages in carries out any merger or merger, division, reduces its decrease of capital, changes its equityequity change, creates equity pledgetransfer of material assets and creditor's rights, joins or leaves a partnership, transfers material assets, assigns material debts, makes material external investment, incurs material additional increase of debt financing, or takes any financing and other action that may cause an adverse impact on the Lender’s 's rights and interests.
7.7 8.7 The Borrower undertakes to promptly notify the Lender upon the occurrence of any of the following events:
(1) any change to its name, company seal, articles of association, place of domicilebusiness scope, registered capital or legal representative or principal, communication address, etc.representative;
(2) its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licence, or application (or be applied for) for bankruptcy;
(3) it is or may be involved in any material economic dispute, litigation or arbitration, or its assets are property is subject to seizure, attachment or enforcement, or subject to any investigation or punishment by the competent judicial, taxation, industry and commerce authoritysupervision in accordance with applicable laws; or
(4) any of its shareholders, directors, directors or current senior management personnel or shareholders or investors is suspected of major crime or involved in any material economic dispute.
7.8 8.8 The Borrower undertakes to disclose its related party relationship and related party transaction to the Lender in a prompt, complete and accurate manner.
7.9 8.9 The Borrower undertakes to promptly confirm receipt of all notices sent by the Lender by post or any other means.
7.10 8.10 The Borrower undertakes not to dispose of its own assets in a way that will reduce its ability to repay its debts. The Borrower undertakes not to provide security to the benefit of any third party in a way that will harm the Lender’s 's rights and interests.
7.11 8.11 If the loan hereunder is an unsecured loan, the Borrower undertakes to regularly make complete, true and accurate disclosure to the Lender in relation to all securities provided by the Borrower for others, and enter into an account supervision agreement as requested by the Lender. If any provision of security may affect its ability to perform its obligations hereunder, the Borrower shall obtain written consent of the Lender on such provision of security.
8.12 The Borrower undertakes to bear the afford expenses incurred for entering into and performing this Contract, and expenses paid and payable by the Lender for realization of its claims claim hereunder, including without limitation legal feeslitigation or arbitration fee, attachment fee, attorney's fee, enforcement fee, appraisal fee, auction fee and auction feesannouncement fee.
7.12 8.13 The debt hereunder is senior to the debts owed by the Borrower to its shareholders, legal representative, principal, partners, major investors or key management personnel, and ranks at least pari passu with other is not subordinated to similar debts owed by the Borrower to other creditors.
7.13 The Borrower undertakes to reinforce the management of environmental and social risks, and accept the supervision and check by the Lender in this respect. If requested by the Lender, the Borrower shall deliver environmental and social risk reports to the Lender.
Appears in 1 contract
Samples: Working Capital Loan Contract (China Energy Recovery, Inc.)
Undertakings of the Borrower. 7.1 8.1 The Borrower undertakes to draw down and use the loan in accordance with the schedule and purpose as agreed hereunder. The Borrower shall not use the proceeds of the loan hereunder for investment in securities or futures market, or any other purpose prohibited or restricted by applicable laws and regulations.
7.2 8.2 The Borrower undertakes to settle principal, interest and any other amount payable in relation to the loan hereunder in accordance with this Contract.
7.3 8.3 The Borrower undertakes to accept and actively cooperate with the Lender’s check and supervision on use of the proceeds of the loan (including purpose of the loan) including account analysis, voucher verification and on-site investigation, and to regularly summarize and report information on the use of proceeds of the loan as requested by the Lender.
7.4 8.4 The Borrower undertakes to accept credit check by the Lender, to provide true, accurate and complete financial documents including balance sheets and income statements and other documents that reflect the Borrower’s ability to repay its debts (including all account banksdebts, account numbers and balance of deposits) as requested by the Lenders, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditions.
7.5 The Borrower undertakes not to distribute any dividend or profit in any form when there is any principal, interest or other amount which is due and payable (including those being declared immediately due and payable) but unpaid under this Contract.
7.6 8.5 The Borrower undertakes to obtain prior written consent of the Lender or make appropriate arrangements in relation to the realization of the Lender’s claims to the Lender’s satisfaction, before it engages in carries out any merger or merger, division, reduces its decrease of capital, changes its equityequity change, creates equity pledgetransfer of material assets and creditor’s rights, joins or leaves a partnership, transfers material assets, assigns material debts, makes material external investment, incurs material additional increase of debt financing, or takes any financing and other action that may cause an adverse impact on the Lender’s rights and interests.
7.7 8.6 The Borrower undertakes to promptly notify the Lender upon the occurrence of any of the following events:
(1) any change to its name, company seal, articles of association, place of domicilebusiness scope, registered capital or legal representative or principal, communication address, etc.representative;
(2) its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licence, or application (or be being applied for) for bankruptcy;
(3) it is or may be involved in any material economic dispute, litigation or arbitration, or its assets are property is subject to seizure, attachment or enforcement, or subject to any investigation or punishment by the competent judicial, taxation, industry and commerce authoritysupervision in accordance with applicable laws; or
(4) any of its shareholders, directors, directors or current senior management personnel or shareholders or investors is suspected of major crime or involved in any material economic dispute.
7.8 8.7 The Borrower undertakes to disclose its related party relationship and related party transaction to the Lender in a prompt, complete and accurate manner.
7.9 8.8 The Borrower undertakes to promptly confirm receipt of all notices sent by the Lender by post or any other means.
7.10 8.9 The Borrower undertakes not to dispose of its own assets in a way that will reduce its ability to repay its debts. The Borrower undertakes not to provide create any security to the benefit of any third party in a way that will harm over any assets formed by the loans hereunder, without approval of the Lender’s rights and interests.
7.11 8.10 If the loan hereunder is an unsecured loan, the Borrower undertakes to regularly make complete, true and accurate disclosure to the Lender in relation to all securities provided by the Borrower for others, and enter into an account supervision agreement as requested by the Lender. If any provision of security may affect its ability to perform its obligations hereunder, the Borrower shall obtain written consent of the Lender on such provision of security.
8.11 The Borrower undertakes to cooperate with the Lender in its involvement with the review of the budget estimate, budget and final account, construction bidding process and completion inspection and acceptance of the Project.
8.12 The Borrower undertakes to bear the expenses incurred by the Lender for realization of its claims claim hereunder, including without limitation legal feesfee, appraisal fee and auction feesfee.
7.12 8.13 The debt hereunder is senior to the debts owed by the Borrower to its shareholders, legal representative, principal, partners, major investors or key management personnel, and ranks at least pari passu with other is not subordinated to similar debts owed by the Borrower to other creditors.
7.13 8.14 The Borrower undertakes to reinforce the management of environmental and social risks, and agrees to accept the Xxxxxx’s supervision and check by the Lender inspection in this respectregard. If requested by the Lender, the Borrower shall deliver provide the Lender with relevant environmental and social risk reports to the Lenderreport.
Appears in 1 contract
Samples: Fixed Assets Loan Contract (Xerium Technologies Inc)
Undertakings of the Borrower. 7.1 8.1 The Borrower undertakes to draw down and use the loan in accordance with the schedule and purpose as agreed hereunder. The Borrower shall not use the proceeds of the loan hereunder for investment in fixed assets or equity, or for investment in securities or futures market, or any other purpose prohibited or restricted by applicable laws and regulations.
7.2 8.2 The Borrower undertakes to settle principal, interest and any other amount payable in relation to the loan hereunder in accordance with this Contract.
7.3 8.3 The Borrower undertakes to accept and actively cooperate with the Lender’s 's check and supervision on use of the proceeds of the loan (including purpose of the loan) including account analysis, voucher verification and on-site investigation, and to regularly summarize and report information on the use of proceeds of the loan as requested by the Lender.
7.4 8.4 The Borrower undertakes to accept credit check by the Lender, to provide true, accurate and complete financial documents including balance sheets and income statements and other documents that reflect the Borrower’s 's ability to repay its debts (including all account banksdebts, account numbers and balance of deposits) as requested by the Lenders, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditions.
7.5 8.5 The Borrower undertakes not to distribute any dividend or profit in any form when there is any before full settlement of principal, interest or and other amount which is due and payable (including those being declared immediately due and payable) but unpaid under this Contractin relation to the loan hereunder.
7.6 8.6 The Borrower undertakes to obtain prior written consent of the Lender or make appropriate arrangements in relation to the realization of the Lender's claims to the Lender's satisfaction, before it engages in carries out any merger or merger, division, reduces its decrease of capital, changes its equityequity change, creates equity pledgetransfer of material assets and creditor's rights, joins or leaves a partnership, transfers material assets, assigns material debts, makes material external investment, incurs material additional increase of debt financing, or takes any financing and other action that may cause an adverse impact on the Lender’s 's rights and interests.
7.7 8.7 The Borrower undertakes to promptly notify the Lender upon the occurrence of any of the following events:
(1) any change to its name, company seal, articles of association, place of domicilebusiness scope, registered capital or legal representative or principal, communication address, etc.representative;
(2) its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licencelicense, or application (or be applied for) for bankruptcy;
(3) it is or may be involved in any material economic dispute, litigation or arbitration, or its assets are property is subject to seizure, attachment or enforcement, or subject to any investigation or punishment by the competent judicial, taxation, industry and commerce authority; orsupervision in accordance with applicable laws;
(4) any of its shareholders, directors, directors or current senior management personnel or shareholders or investors is suspected of major crime or involved in any material economic dispute.
7.8 8.8 The Borrower undertakes to disclose its related party relationship and related party transaction to the Lender in a prompt, complete and accurate manner.
7.9 8.9 The Borrower undertakes to promptly confirm receipt of all notices sent by the Lender by post or any other means.
7.10 8.10 The Borrower undertakes not to dispose of its own assets in a way that will reduce its ability to repay its debts. The Borrower undertakes not to provide security to the benefit of any third party in a way that will harm the Lender’s 's rights and interests.
7.11 8.11 If the loan hereunder is an unsecured loan, the Borrower undertakes to regularly make complete, true and accurate disclosure to the Lender in relation to all securities provided by the Borrower for others, and enter into an account supervision agreement as requested by the Lender. If any provision of security may affect its ability to perform its obligations hereunder, the Borrower shall obtain written consent of the Lender on such provision of security.
8.12 The Borrower undertakes to bear the expenses incurred by the Lender for realization of its claims claim hereunder, including without limitation legal feesfee, appraisal fee and auction feesfee.
7.12 8.13 The debt hereunder is senior to the debts owed by the Borrower to its shareholders, legal representative, principal, partners, major investors or key management personnel, and ranks at least pari passu with other is not subordinated to similar debts owed by the Borrower to other creditors.
7.13 8.14 The Borrower undertakes to reinforce the management of environmental and social risks, and agrees to accept the Xxxxxx's supervision and check by the Lender inspection in this respectregard. If requested by the Lender, the Borrower shall deliver provide the Lender with relevant environmental and social risk reports to the Lenderreport.
Appears in 1 contract
Samples: Working Capital Loan Contract (Newater Technology, Inc.)
Undertakings of the Borrower. 7.1 8.1 The Borrower undertakes to shall draw down and use the loan in accordance with the schedule and purpose as agreed hereunderstipulated in this Agreement. The Borrower No loan proceeds shall not use the proceeds of the loan hereunder be used for investment in securities or futures marketmarket in any form, or any other purpose purposes prohibited or restricted by applicable laws and regulations.
7.2 8.2 The Borrower undertakes to shall fully settle the principal, interest and any other amount amounts payable in relation pursuant to the loan hereunder in accordance with this ContractAgreement.
7.3 8.3 The Borrower undertakes to shall accept and actively cooperate with the Lender’s check Lender in its examination and supervision on use of the proceeds usage of the loan (proceeds including the purpose of the loan) including loan by account analysis, voucher verification and on-site certificate inspection, field investigation, and to regularly summarize etc., and report information periodically on the use of proceeds usage of the loan proceeds as requested required by the Lender.
7.4 8.4 The Borrower undertakes to shall accept the credit check by inspection and supervision of the Lender, to provide true, accurate and complete submit financial documents including balance sheets and income statements and other documents that reflect the Borrower’s ability to repay its debts (including all account banks, account numbers and balance of deposits) as requested by the LendersLender, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditionscondition.
7.5 8.5 The Borrower undertakes shall not to distribute any dividend dividends or profit in any form when there is any before full settlement of the principal, interest or and other amount which is due and amounts payable (including those being declared immediately due and payable) but unpaid in relation to the Loan under this ContractAgreement.
7.6 The Borrower undertakes to obtain 8.6 Without the prior written consent of the Lender or any arrangements made to the satisfaction of the Lender for the pursuit of claims by the Lender, before it engages in any merger or divisionthe Borrower shall not undertake amalgamation, reduces its capitalspin-off, changes its equitycapital reduction, creates equity pledgetransfer, joins or leaves a partnership, transfers material assets, assigns material debts, makes material external investment, incurs material additional substantial increase in debt financing, or takes any transfer of material assets and claims and other action that acts which may cause an adverse impact on adversely affect the rights and interests of the Lender’s rights and interests.
7.7 8.7 The Borrower undertakes to shall promptly notify the Lender upon the occurrence of any of the following events:
(1) any change to its name, company seal, of the articles of association, place of domicilebusiness scope, registered capital, legal representative representative;
(2) winding up, dissolution, liquidation, stopping business for rectification, cancellation or principalrevocation of business licence, communication address(being filed) filing for bankruptcy, etc.;
(2) its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licence, or application (or be applied for) for bankruptcy;
(3) it is being or may be involved in any material economic disputedisputes, litigation or arbitration; or property being sealed off, seized, or its assets are subject to seizure, attachment or enforcement, or subject to any investigation or punishment by the competent judicial, taxation, industry and commerce authority; ormonitored;
(4) any of its shareholders, directors, current directors and existing senior management personnel or shareholders or investors is being suspected of major crime or being involved in any material cases or economic disputedisputes.
7.8 8.8 The Borrower undertakes to shall disclose its relationship with related party relationship parties and related party transaction transactions to the Lender in a promptpromptly, complete completely and accurate manneraccurately.
7.9 8.9 The Borrower undertakes to shall promptly confirm receipt of all notices sent by the Lender by post or any other means.
7.10 8.10 The Borrower undertakes shall not to dispose of its own assets in a way that will reduce its ability repayment capability; without the written approval of the Lender, the Borrower shall not provide guarantee for a third party with the assets generated from the Loan under this Agreement.
8.11 If the Loan under this Agreement is an unsecured loan, the Borrower shall make complete, true and accurate disclosure to repay the Lender of all securities it has provided for others periodically, and enter into an account supervision agreement as requested by the Lender. If any provision of guarantee may affect its debts. performance of obligations under this Agreement, the Borrower shall obtain the written consent of the Lender.
8.12 The Borrower undertakes not to provide security to the benefit of any third party in a way that will harm shall support the Lender’s rights and interestsparticipation in the supervision of the 3 stages of the project budgeting (budget estimate at the initial planning stage, budget execution at the construction stage, budget evaluation at the completion stage), project tendering, final construction inspection, etc.
7.11 8.13 The Borrower undertakes to shall bear the expenses incurred by the Lender for realization of in pursuing its claims hereunder, including without limitation legal feesattorney’sfee, and appraisal fee, auction feesfee, etc.
7.12 8.14 The debt hereunder is senior to shall have a higher debt repayment priority than the debts owed by the Borrower owes to its shareholders, legal representative, principal, partners, major investors or key management personnel, shareholders and ranks at least pari passu bear comparison with other similar the debts of the same kind owed by the Borrower to other creditors.
7.13 8.15 The Borrower undertakes to reinforce the management of shall strengthen its environmental and social risks, risk management and accept the Lender’s supervision and check by the Lender inspection in this respectthat connection. If requested by Upon the Lender’s request, the Borrower shall deliver furnish the Lender with an environmental and social risk reports to the Lenderreport.
Appears in 1 contract
Samples: Fixed Asset Loan Agreement (China Natural Resources Inc)
Undertakings of the Borrower. 7.1 The Borrower hereby undertakes to draw down and use the loan in accordance with the schedule and purpose as agreed hereunder. The Borrower loan borrowed shall not use the proceeds of the loan hereunder for investment in securities inflow into security market or futures marketmarket in any way, or any nor be used for other purpose prohibited or restricted by applicable laws and regulations.
7.2 The Borrower hereby undertakes to settle principal, interest and any other amount payable in relation to the loan hereunder in accordance with this Contract.
7.3 The Borrower hereby undertakes to accept and actively cooperate with the Lender’s 's check and supervision on use of the proceeds of the loan (including purpose of the loan) including account analysis, voucher verification and on-site investigation, and to regularly summarize and report information on the use of proceeds of the loan as requested by the Lender.
7.4 The Borrower hereby undertakes to accept credit check by the Lender, to provide true, accurate and complete financial documents and other documents that reflect reflecting the Borrower’s 's ability to repay its debts (debts, including all account opening banks, account numbers bank accounts and balance of deposits) deposits etc. as requested by the Lenders, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditions.
7.5 The Borrower hereby undertakes not to distribute any dividend or profit in any form when there is any before full settlement of principal, interest or and other amount which is due and payable (including those being declared immediately due and payable) but unpaid under this Contractin relation to the loan hereunder.
7.6 The Borrower hereby undertakes to obtain prior written consent of the Lender, Lender before it engages in carries out any merger or merger, division, reduces its decrease of capital, changes its equityequity change, creates equity pledge, joins or leaves a join of partnership, transfers dissolution of partnership, transfer of material assetsassets and creditor's rights, assigns material debts, makes material external investment, incurs material additional increase of debt financing, or takes any financing and other action that may cause an adverse impact on the Lender’s 's rights and interests.
7.7 The Borrower hereby undertakes to promptly notify the Lender upon the occurrence of any of the following events:
(1) any Any change to its name, company official seal, articles of association, place of domicile, legal representative or principalperson in charge, and communication address, address etc.;
(2) its Its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licencelicense, or application (or be applied for) for bankruptcy;
(3) it It is or may be involved in any material economic dispute, litigation or arbitration, or its assets are property is subject to seizure, attachment or enforcement, or subject to any being opened a case for investigation or punishment taken punitive measures by the competent judicialjudicial authority, taxationtax administration, or industry and commerce authorityauthority in accordance with applicable laws; or
(4) any Any of its shareholders, directors, directors or current senior management personnel or shareholders or investors is the shareholder and the contributor are suspected of major crime or involved in any material economic dispute.
7.8 The Borrower hereby undertakes to disclose its related party relationship and related party transaction to the Lender in a prompt, complete and accurate manner.
7.9 The Borrower hereby undertakes to promptly confirm receipt of all notices sent by the Lender by post or any other means.
7.10 The Borrower hereby undertakes not to dispose of its own assets in a way that will reduce its ability to repay its debts. The Borrower undertakes not to provide security to the benefit of any third party in a way that will harm the Lender’s 's rights and interests.
7.11 The Borrower hereby undertakes to bear the expenses incurred by the Lender for realization of its claims claim hereunder, including without limitation legal feesfee, appraisal fee and auction feesfee etc.
7.12 The debt hereunder is senior superior to the debts owed by the Borrower to its shareholders, legal representativerepresentative or person in charge, principal, partnerspartner, major investors contributor or key management personnel, personnel and ranks at least pari passu with other is not subordinated to similar debts owed by the Borrower to other creditors.
7.13 The Borrower hereby undertakes to reinforce the management of environmental and social risks, and agrees to accept the Xxxxxx's supervision and check by the Lender inspection in this respectregard. If requested by the Lender, the Borrower shall deliver provide the Lender with relevant environmental and social risk reports to the Lenderreport.
Appears in 1 contract
Undertakings of the Borrower. 7.1 8.1 The Borrower undertakes to draw down and use the loan in accordance with the schedule and purpose as agreed hereunder. The Borrower shall not use the proceeds of the loan hereunder for investment in fixed assets or equity, or for investment in securities or futures market, or any other purpose prohibited or restricted by applicable laws and regulations.
7.2 8.2 The Borrower undertakes to settle principal, interest and any other amount payable in relation to the loan hereunder in accordance with this Contract.
7.3 8.3 The Borrower undertakes to accept and actively cooperate with the Lender’s 's check and supervision on use of the proceeds of the loan (including purpose of the loan) including account analysis, voucher verification and on-site investigation, and to regularly summarize and report information on the use of proceeds of the loan as requested by the Lender.
7.4 8.4 The Borrower undertakes to accept credit check by the Lender, to provide true, accurate and complete financial documents including balance sheets and income statements and other documents that reflect the Borrower’s 's ability to repay its debts (including all account banksdebts, account numbers and balance of deposits) as requested by the Lenders, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditions.
7.5 8.5 The Borrower undertakes not to distribute any dividend or profit in any form when there is any before full settlement of principal, interest or and other amount which is due and payable (including those being declared immediately due and payable) but unpaid under this Contractin relation to the loan hereunder.
7.6 8.6 The Borrower undertakes to obtain prior written consent of the Lender or make appropriate arrangements in relation to the realization of the Lender's claims to the Lender's satisfaction, before it engages in carries out any merger or merger, division, reduces its decrease of capital, changes its equityequity change, creates equity pledgetransfer of material assets and creditor's rights, joins or leaves a partnership, transfers material assets, assigns material debts, makes material external investment, incurs material additional increase of debt financing, or takes any financing and other action that may cause an adverse impact on the Lender’s 's rights and interests.
7.7 8.7 The Borrower undertakes to promptly notify the Lender upon the occurrence of any of the following events:
(1) (1 any change to its name, company seal, articles of association, place of domicilebusiness scope, registered capital or legal representative or principal, communication address, etc.;
(2) its representative; (2)its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licence, or application (or be applied for) for bankruptcy;
(3) it ; (3)it is or may be involved in any material economic dispute, litigation or arbitration, or its assets are property is subject to seizure, attachment or enforcement, supervision in accordance with applicable laws; or subject to any investigation or punishment by the competent judicial, taxation, industry and commerce authority; or
(4) any (4)any of its shareholders, directors, directors or current senior management personnel or shareholders or investors is suspected of major crime or involved in any material economic dispute.
7.8 8.8 The Borrower undertakes to disclose its related party relationship and related party transaction to the Lender in a prompt, complete and accurate manner.
7.9 8.9 The Borrower undertakes to promptly confirm receipt of all notices sent by the Lender by post or any other means.
7.10 8.10 The Borrower undertakes not to dispose of its own assets in a way that will reduce its ability to repay its debts. The Borrower undertakes not to provide security to the benefit of any third party in a way that will harm the Lender’s 's rights and interests.
7.11 8.11 If the loan hereunder is an unsecured loan, the Borrower undertakes to regularly make complete, true and accurate disclosure to the Lender in relation to all securities provided by the Borrower for others, and enter into an account supervision agreement as requested by the Lender. If any provision of security may affect its ability to perform its obligations hereunder, the Borrower shall obtain written consent of the Lender on such provision of security.
8.12 The Borrower undertakes to bear the expenses incurred by the Lender for realization of its claims claim hereunder, including without limitation legal feesfee, appraisal fee and auction feesfee.
7.12 8.13 The debt hereunder is senior to the debts owed by the Borrower to its shareholders, legal representative, principal, partners, major investors or key management personnel, and ranks at least pari passu with other is not subordinated to similar debts owed by the Borrower to other creditors.
7.13 8.14 The Borrower undertakes to reinforce the management of environmental and social risks, and agrees to accept the Xxxxxx's supervision and check by the Lender inspection in this respectregard. If requested by the Lender, the Borrower shall deliver provide the Lender with relevant environmental and social risk reports to the Lenderreport.
Appears in 1 contract
Samples: Working Capital Loan Contract (Altair Nanotechnologies Inc)
Undertakings of the Borrower. 7.1 8.1 The Borrower undertakes to draw down and use the loan in accordance with the schedule and purpose as agreed hereunder. The Borrower shall not use the proceeds of the loan hereunder for investment in fixed assets or equity, or for investment in securities or futures market, or any other purpose prohibited or restricted by applicable laws and regulations.
7.2 8.2 The Borrower undertakes to settle principal, interest and any other amount payable in relation to the loan hereunder in accordance with this Contract.
7.3 8.3 The Borrower undertakes to accept and actively cooperate with the Lender’s 's check and supervision on use of the proceeds of the loan (including purpose of the loan) including account analysis, voucher verification and on-site investigation, and to regularly summarize and report information on the use of proceeds of the loan as requested by the Lender.
7.4 8.4 The Borrower undertakes to accept credit check by the Lender, to provide true, accurate and complete financial documents including balance sheets and income statements and other documents that reflect the Borrower’s 's ability to repay its debts (including all account banksdebts, account numbers and balance of deposits) as requested by the Lenders, and to actively assist and cooperate with the Lender in investigating, understanding and supervising its production, operation and financial conditions.
7.5 8.5 The Borrower undertakes not to distribute any dividend or profit in any form when there is any before full settlement of principal, interest or and other amount which is due and payable (including those being declared immediately due and payable) but unpaid under this Contractin relation to the loan hereunder.
7.6 8.6 The Borrower undertakes to obtain prior written consent of the Lender or make appropriate arrangements in relation to the realization of the Lender's claims to the Lender's satisfaction, before it engages in carries out any merger or merger, division, reduces its decrease of capital, changes its equityequity change, creates equity pledgetransfer of material assets and creditor's rights, joins or leaves a partnership, transfers material assets, assigns material debts, makes material external investment, incurs material additional increase of debt financing, or takes any financing and other action that may cause an adverse impact on the Lender’s 's rights and interests.
7.7 8.7 The Borrower undertakes to promptly notify the Lender upon the occurrence of any of the following events:
(1) any change to its name, company seal, articles of association, place of domicilebusiness scope, registered capital or legal representative or principal, communication address, etc.representative;
(2) its winding-up, dissolution, liquidation, suspension of business, revocation or cancellation of its business licence, or application (or be applied for) for bankruptcy;
(3) it is or may be involved in any material economic dispute, litigation or arbitration, or its assets are property is subject to seizure, attachment or enforcement, or subject to any investigation or punishment by the competent judicial, taxation, industry and commerce authoritysupervision in accordance with applicable laws; or
(4) any of its shareholders, directors, directors or current senior management personnel or shareholders or investors is suspected of major crime or involved in any material economic dispute.
7.8 8.8 The Borrower undertakes to disclose its related party relationship and related party transaction to the Lender in a prompt, complete and accurate manner.
7.9 8.9 The Borrower undertakes to promptly confirm receipt of all notices sent by the Lender by post or any other means.
7.10 8.10 The Borrower undertakes not to dispose of its own assets in a way that will reduce its ability to repay its debts. The Borrower undertakes not to provide security to the benefit of any third party in a way that will harm the Lender’s 's rights and interests.
7.11 8.11 If the loan hereunder is an unsecured loan, the Borrower undertakes to regularly make complete, true and accurate disclosure to the Lender in relation to all securities provided by the Borrower for others, and enter into an account supervision agreement as requested by the Lender. If any provision of security may affect its ability to perform its obligations hereunder, the Borrower shall obtain written consent of the Lender on such provision of security.
8.12 The Borrower undertakes to bear the expenses incurred for entering into and performing this Contract, and expenses paid and payable by the Lender for realization of its claims claim hereunder, including without limitation legal feeslitigation or arbitration fee, attachment fee, attorney's fee, enforcement fee, appraisal fee, auction fee and auction feesannouncement fee.
7.12 8.13 The debt hereunder is senior to the debts owed by the Borrower to its shareholders, legal representative, principal, partners, major investors or key management personnel, and ranks at least pari passu with other is not subordinated to similar debts owed by the Borrower to other creditors.
7.13 The Borrower undertakes to reinforce the management of environmental and social risks, and accept the supervision and check by the Lender in this respect. If requested by the Lender, the Borrower shall deliver environmental and social risk reports to the Lender.
Appears in 1 contract
Samples: Working Capital Loan Contract (China Energy Recovery, Inc.)