Common use of Undertakings of the Guarantor Clause in Contracts

Undertakings of the Guarantor. 1. The Guarantor shall be liable for true, complete and valid financial report and other relevant documents and information. 2. In case that the Debtor fails to perform its obligations under the Principal Contract, the Guarantor undertakes that it, of its own free will, will exercise the guaranty obligation. 3. When the Guarantor fails to perform his guaranty obligation under this agreement, the Creditor is entitled to withdraw relevant sum from any account of the Guarantor. 4. The Guarantor shall notice the Creditor in writing within 5 days from the occurrence of the following events: (1) Any change to the ownership, top management or any amendment to Memorandum and Article of Associations, or any adjustment to organizations for the Guarantor; (2) Cease of production, cease of business, cancellation of business registration or revocation of business license; (3) Deterioration of financial status, encountering great operation difficulties or involved in big litigation or arbitration issues. (4) Any Change to name, residence, legal representative, contact information of the Guarantor. (5) The Guarantor involved in any matters that will negatively affect the benefits of the Creditor. 5. The Guarantor shall notify the Creditor 15 days in advance in a written form and obtain written consent from the Creditor before it undertakes any of the following actions: (1) The Guarantor changes its capital structure or operation mechanism, including but not limited to contracting, renting, remolding with the stock system, joint operation, merger, take-over, de-merger, joint venture, asset transfer, applying for business cease for internal rectification purpose, applying for dissolution, applying for bankruptcy. (2) If the Guarantor provide guaranty for benefit of a third party or use its main capital directly or indirectly to set up mortgage or pledge guarantee for benefit of itself or a third party, and such is likely to negatively influence the Guarantor’s capacity to perform its obligations under this agreement. 6. In case that the Debtor provides security upon a real right, the Guarantor agrees to perform its guaranty responsibility hereof prior to such security upon real right.

Appears in 4 contracts

Samples: Loan Guarantee Contract (Zheng Hui Industry Corp.), Loan Guarantee Agreement (Zheng Hui Industry Corp.), Loan Guarantee Agreement (Zheng Hui Industry Corp.)

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Undertakings of the Guarantor. 1. 5.1 The Guarantor has obtained the authorization necessary for the guarantee under this Agreement in accordance with relevant stipulations and procedures. 5.2 The Guarantor shall be liable for submit to the Creditor the required financial statements, articles of associations or other related materials and information which are true, complete accurate and valid and accept the supervision and inspection of the Creditor in respect of its production, operation and financial report and other relevant documents and informationstatus. 2. In case that 5.3 The Guarantor agrees to perform the guarantee liabilities if the Debtor fails to perform its obligations under in accordance with the Principal provisions of the Master Contract, the Guarantor undertakes that it, of its own free will, will exercise the guaranty obligation. 3. When 5.4 If the Guarantor fails to perform his guaranty obligation under the guarantee liabilities in accordance with this agreementAgreement, the Creditor is shall be entitled to withdraw deduct relevant sum amount directly from any the account of opened by the GuarantorGuarantor with the Creditor. 4. 5.5 The Guarantor shall notice promptly notify the Creditor in writing within 5 days from of the occurrence of the following events: (1) Any the change to the ownership, top management or any amendment to Memorandum and Article of Associations, or any adjustment to organizations for the Guarantor; (2) Cease of production, cease of business, cancellation of business registration or revocation of business license; (3) Deterioration of financial status, encountering great operation difficulties or involved in big litigation or arbitration issues. (4) Any Change to its name, residencedomicile, legal representative, contact information and other particulars; (2) the change of its subordination relationship and senior officials as well as the Guarantoramendment of its articles of association and the adjustment of its organization structure; (3) worsening of its financial status, being into serious difficulties in its production and business operation, involving into material litigation or arbitration; (4) shutdown, stoppage, winding up or being applied to bankrupt or restructure, etc. (5) The revocation or withdrawal of its business license or being ordered to close down, or occurring any other cause of dissolution; (6) any other events occurring to the Guarantor involved in any matters that will negatively which would adversely affect the benefits Creditor realizing of the Creditorits creditor’s right. 5. 5.6 The Guarantor shall notify the Creditor 15 days in advance in a written form writing and obtain its written consent from fifteen days prior to the Creditor before it undertakes conducting of any of the following actionsactivities: (1) The Guarantor changes its capital structure or operation mechanismsystem, including but not limited to without limitation contracting, rentingleasing, remolding with the stock systemshareholding reform, joint operation, mergerconsolidation, take-over, de-mergerdivision, joint venture, asset transferreduction of capital, applying transfer of assets as well as application for business cease for internal rectification purposerestructuring, applying for dissolution, applying for settlement or bankruptcy.; (2) If The Guarantor provides guarantee with respect to the Guarantor provide guaranty for benefit liabilities of a any third party or use its main capital directly or indirectly to set up mortgage or pledge its assets to provide guarantee for benefit with respect to the liabilities of itself its own or a any third party, party and such is likely to negatively influence might affect the Guarantor’s capacity to perform performance of its obligations under this agreementguarantee liabilities hereunder. 6. In case that the Debtor provides security upon a real right, the Guarantor agrees to perform its guaranty responsibility hereof prior to such security upon real right.

Appears in 2 contracts

Samples: Maximum Amount Guarantee Agreement, Maximum Amount Guarantee Agreement (JinkoSolar Holding Co., Ltd.)

Undertakings of the Guarantor. 1. It has duly obtained legal and valid authorization to execute and perform this Agreement. 2. The Guarantor shall be liable for true, complete and valid financial report report, articles of association and other relevant documents and informationinformation and shall assist the Creditor to supervise and check the Guarantor’s operation and financial condition. 23. In case that the Debtor fails to perform its obligations under the Principal ContractAgreement, the Guarantor undertakes that it, of its own free will, will exercise the guaranty obligation. 34. When the Guarantor fails to perform his guaranty obligation under this agreement, the Creditor is entitled to withdraw deduct relevant sum from any account of the Guarantor. 45. The Guarantor shall notice notify the Creditor in writing within 5 days from immediately upon the occurrence of the following events: (1) Any change to company name, legal domicile, legal representative, contact or others; (2) Any change to the ownership, top management or any amendment to Memorandum and Article of Associations, or any adjustment to organizations for the Guarantor; (2) Cease of production, cease of business, cancellation of business registration or revocation of business license; (3) Deterioration of financial status, encountering great operation difficulties or involved in big litigation or arbitration issues. (4) Any Change to nameCease of production, residencecease of business, legal representative, contact information termination of the Guarantor.business being applied bankruptcy or rectification; (5) Cancellation of business registration or revocation of business license, being closed down or other causes to be dissolved; (6) The Guarantor involved in any matters that will negatively affect the benefits realization of creditor’s right of the Creditor. 56. The Guarantor shall notify the Creditor 15 days in advance in a written form and obtain written consent from the Creditor before it undertakes any of the following actions: (1) The Guarantor changes its capital structure or operation mechanism, including but not limited to contracting, renting, remolding with the stock system, joint operation, merger, take-over, de-merger, joint venture, asset transfer, applying for cease of business cease for internal rectification purpose, applying for dissolution, applying for bankruptcy. (2) If the Guarantor provide guaranty for benefit of a third party party’s debt or use its main capital directly or indirectly to set up mortgage or pledge guarantee for benefit of itself or a third party, and such is likely to negatively influence the Guarantor’s capacity to perform its obligations under this agreement. 6. In case that the Debtor provides security upon a real right, the Guarantor agrees to perform its guaranty responsibility hereof prior to such security upon real right.

Appears in 2 contracts

Samples: Guarantee Agreement (Birch Branch Inc), Guarantee Agreement (Birch Branch Inc)

Undertakings of the Guarantor. 1. It has duly obtained legal and valid authorization to execute and perform this Agreement. 2. The Guarantor shall be liable for true, complete and valid financial report report, articles of association and other relevant documents and informationinformation and shall assist the Creditor to supervise and check the Guarantor’s operation and financial condition. 23. In case that the Debtor fails to perform its obligations under the Principal ContractAgreement, the Guarantor undertakes that it, of its own free will, will exercise the guaranty guarantee obligation. 34. When the Guarantor fails to perform his guaranty guarantee obligation under this agreement, the Creditor is entitled to withdraw deduct relevant sum from any account of the Guarantor. 45. The Guarantor shall notice notify the Creditor in writing within 5 days from immediately upon the occurrence of the following events: (1) Any change to company name, legal domicile, legal representative, contact or others; (2) Any change to the ownership, top management or any amendment to Memorandum and Article of Associations, or any adjustment to organizations for the Guarantor; (2) Cease of production, cease of business, cancellation of business registration or revocation of business license; (3) Deterioration of financial status, encountering great operation difficulties or involved in big litigation or arbitration issues. (4) Any Change to nameCease of production, residencecease of business, legal representative, contact information termination of the Guarantor.business being applied bankruptcy or rectification; (5) Cancellation of business registration or revocation of business license, being closed down or other causes to be dissolved; (6) The Guarantor involved in any matters that will negatively affect the benefits realization of creditor’s right of the Creditor. 56. The Guarantor shall notify the Creditor 15 days in advance in a written form and obtain written consent from the Creditor before it undertakes any of the following actions: (1) The Guarantor changes its capital structure or operation mechanism, including but not limited to contracting, renting, remolding with the stock system, joint operation, merger, take-over, de-merger, joint venture, asset transfer, applying for cease of business cease for internal rectification purpose, applying for dissolution, applying for bankruptcy. (2) If the Guarantor provide guaranty guarantee for benefit of a third party party’s debt or use its main capital directly or indirectly to set up mortgage or pledge guarantee for benefit of itself or a third party, and such is likely to negatively influence the Guarantor’s capacity to perform its obligations under this agreement. 6. In case that the Debtor provides security upon a real right, the Guarantor agrees to perform its guaranty responsibility hereof prior to such security upon real right.

Appears in 2 contracts

Samples: Guarantee Agreement (Birch Branch Inc), Guarantee Agreement (Birch Branch Inc)

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Undertakings of the Guarantor. 1. 5.1 It has duly obtained legal and valid authorization to execute and perform this Agreement. 5.2 The Guarantor shall be liable for true, complete and valid financial report report, articles of association and other relevant documents and informationinformation and shall assist the Creditor to supervise and check the Guarantor’s operation and financial condition. 2. 5.3 In case that the Debtor fails to perform its obligations under the Principal ContractAgreement, the Guarantor undertakes that it, of its own free will, will exercise perform the guaranty guarantee obligation. 3. 5.4 When the Guarantor fails to perform his guaranty guarantee obligation under this agreement, the Creditor is entitled to withdraw deduct relevant sum from any account of the GuarantorGuarantor directly. 4. 5.5 The Guarantor shall notice the Creditor in writing within 5 days from immediately upon the occurrence of the following events: (1) 5.5.1 Any change to company name, residential address, legal representative, contact method or others; 5.5.2 Any change to the ownership, top management or any amendment to Memorandum and Article of Associations, or any adjustment to organizations for the Guarantor; (2) Cease of production, cease of business, cancellation of business registration or revocation of business license; (3) 5.5.3 Deterioration of financial status, encountering great operation difficulties or involved in big significant litigation or arbitration issues. (4) Any Change 5.5.4 Cease of production, cease of business, termination of business being applied bankruptcy or rectification; 5.5.5 Cancellation of business registration or revocation of business license, being closed down or other causes to name, residence, legal representative, contact information of the Guarantor.be dissolved; (5) 5.5.6 The Guarantor involved in any matters that will negatively affect the benefits of the Creditor. 5. 5.6 The Guarantor shall notify the Creditor 15 days in advance in a written form and obtain written consent from the Creditor before it undertakes any of the following actions: (1) 5.6.1 The Guarantor changes its capital structure or operation mechanism, including but not limited to contracting, renting, remolding with the stock system, joint operation, merger, take-over, de-merger, joint venture, asset transfer, applying for business cease for internal rectification purpose, applying for dissolution, applying for bankruptcy. (2) 5.6.2 If the Guarantor provide guaranty guarantee for benefit of a third party or use its main capital directly or indirectly to set up mortgage guarantee or pledge guarantee for benefit of itself or a third party, and such is likely to negatively influence the Guarantor’s capacity to perform its obligations under this agreement. 6. In case that the Debtor provides security upon a real right, the Guarantor agrees to perform its guaranty responsibility hereof prior to such security upon real right.

Appears in 1 contract

Samples: Maximum Amount Guarantee Agreement (Birch Branch Inc)

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