Anyang Commercial Bank Co., Ltd. of Loan Agreement
Exhibit
10.78
Agreement
No.: 2010 An Xxxxx Xxxx Si Bu Jie Zi No. 011
Anyang
Commercial Bank Co., Ltd. of
Borrower
(Party A): Henan
Shuncheng Group Coal Coke Co., Ltd
Legal
Representative: WANG
Xinshun
Domicile:
South Gongye Road,
Tongye Town
Identity
Card Number (Applicable when Party A is a natural
person):______________
Lender
(Party B): of Anyang Commercial Bank Co., Ltd.
Domicile:
No.11, Jiangfang Road,
Anyang
Legal
Representative/Head of the Bank: Fei FU
Place of
Signature of the Agreement: Anyang Commercial Bank Co.,
Ltd.
1
Party A
files a loan application with Party B based on the usage stipulated in Article
2.1 of the Agreement. Party B agrees to provide the aforesaid loan. According to
Agreement Law, Lending General Provisions as
well as other relevant laws and regulations, and on the basis of equal
consultations, Party A and Party B hereby make and enter into the Agreement to
define their respective rights and obligations.
Article
1 Type
of the Loan
1.1 The
loan under the Agreement is a short-term
loan.
Article
2 Usage
of the Loan
2.1 The
loan under the Agreement is intended for the following usage: the working capital (for
purchasing raw coal used in production).
2.2.
Without Party B's written consent, Party A shall not change the usage of the
loan stipulated in the Agreement.
Article
3 Amount
and Term of the Loan
3.1 The
amount of the loan under the Agreement is (Amount in words) Twenty Million Yuan Only
YUAN (Amount in figures) RMB 20,000,000
Yuan.
3.2 The
term of the loan under the Agreement is from April 14th, 2010 to April
13th, 2011.
3.3 Party
A shall make withdrawal of the loan as stipulated in Article 3.2 in one lump
sum. The loan note shall be an integral part of the Agreement: in case there is
any discrepancy between the amount or the date on the loan note and in the
Agreement, those on the loan note shall prevail; in case there is any
discrepancy between the items other than the amount and the date on the loan
note and in the Agreement, those in the Agreement shall prevail.
Article
4 Interest
Rates and Interests of the Loan
4.1 The
loan interest under the Agreement shall be calculated by the day based on the
actual borrowing days starting from the actual withdrawal date (the daily
interest rate = the monthly interest rate/30) and settled monthly/quarterly on (the
20th
day of each month/ the 20th day in the last month of
each quarter) (hereinafter referred to as “the interest settlement
date”). In case the interest settlement date isn’t a banking day, it would be
postponed to the next banking day. When the loan becomes due, the interest shall
be paid together with the principal.
2
4.2 The
interest rate of the loan under the Agreement shall be determined according to
Article 4.2.1
as follows:
4.2.1 A
Fixed interest rate. The interest rate under the Agreement shall be determined
as 50 %
floating up/down on the basis
of 4.425‰,
i.e., the benchmark interest rate for the loan of the corresponding grade
applied on the actual withdrawal date by People’s Bank of China, and the monthly
interest rate shall be applied at 6.6375‰. The interest
rate of the loan will not be adjusted within the whole term of the
Agreement.
4.2.2 B
Floating interest rate. The interest rate under the Agreement shall be
determined as /
% floating up/down of / ‰, i.e., the
benchmark interest rate for the loan of the corresponding grade applied on the
actual withdrawal date by People’s Bank of China, and the monthly interest rate
shall be applied at / ‰. In
case that People’s Bank of China adjusts the interest rate, new applicable
interest rate shall be determined as per the floating ratio agreed by the
parties from the 10th day of
the next month.
4.2.3
Others:
/ .
4.3 In
case that People’s Bank of China adjusts the loan interest rate or the method of
determining the loan interest rate, the relevant regulations of People’s Bank of
China shall be followed.
Article
5 Withdrawal
Conditions
Withdrawal
conditions for Party A are as follows:
5.1 The
Agreement comes into effect;
5.2 Party
A opens an account necessary for performing the Agreement required by Party
B;
5.3 Party
A doesn’t encounter any significant business or financial changes, which may
adversely affect Party B’s rights and interests under the
Agreement;
5.4 If it
is a project loan, the following withdrawal conditions shall also be
met:
5.4.1 The
capital funds or other funds to be raised for the project under construction
which the loan is intended for have been fully in place in the specified time
and at the specified ratio;
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5.4.2
There hasn’t been any cost overrun or the cost overruns have been covered by
Party A’s self-raised funds;
5.4.3 The
work progress has been accomplished on schedule;
5.4.4 The
project for which the loan is intended has been supervised in accordance with
the stipulations on construction engineering;
5.5 Other
withdrawal conditions stipulated by laws or agreed by the parties:
/ .
If the
aforesaid withdrawal conditions are not simultaneously met, Party B shall be
entitled to reject Party A's application.
Article
6 Mode
of Repayment
6.1
Whatever agreements on Party A’s source of funds for repayment have been
stipulated in any other Agreement to which Party A is a party, they may not in
any way affect Party A’s performance of its repayment obligations under the
Agreement.
6.2 Party
A shall pay the interest in full amount and on due time as stipulated in the
Agreement, and repay the principal under the Agreement according to Article 6.3.1 as
follows:
6.3.1
Repayment of the principal in one lump sum. Party A shall repay the whole
principal of the loan on April 13th, 2011.
6.3.2
Installment repayment of the principal according to the following dates and
amounts:
6.3.2.1
___________ (Year/Month/Day), RMB_________Yuan (Amount in figures) (Amount in
words) ______________________________________________________.
6.3.2.2
___________ (Year/Month/Day), RMB_________Yuan (Amount in figures) (Amount in
words) ______________________________________________________.
6.3.2.3
___________ (Year/Month/Day), RMB_________Yuan (Amount in figures) (Amount in
words) ______________________________________________________.
6.3.2.4
___________ (Year/Month/Day), RMB_________Yuan (Amount in figures) (Amount in
words) ______________________________________________________.
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6.3.2.5
___________ (Year/Month/Day), RMB_________Yuan (Amount in figures) (Amount in
words) ______________________________________________________.
(If
necessary, separate sheets may be added.)
6.3.3
Other modes of repayment: _______________________________________.
6.4 If
Party A intends to prepay all or part of the loan, Party A shall submit a
written application to Party B at least 30 days in advance and obtain Party B’s
written consent.
6.5 The
principal prepaid by Party A shall be used to offset the last mature loan in
reverse order of that in Article 6.3.2 of the Agreement.
6.6 Party
A shall deposit sufficient money for the payable interest or principal in the
account opened in Party B before the interest settlement dates or the repayment
date of the principal as stipulated in the Agreement, and Party A shall take
initiative to repay or authorize Party B to take the initiative to deduct the
corresponding amount on the interest settlement dates or the repayment
date.
6.7
Unless otherwise agreed by the parties, if both the principal and the interests
are overdue by Party A at the same time, Party B shall be entitled to decide the
priority of repaying the principle, interest, default interest, compound
interest or various incidental charges; under the condition of installment
repayment, if several mature installments and overdue installments exist under
the Agreement, Party B shall be entitled to decide the liquidation order of
Party A’s any installment; if several loans in several separate loan Agreements
between Party A and Party B become due, Party B is entitled to decide which
Agreement to be performed by any of Party A’s repayment.
Article
7 Guarantee
7.1 The
mode of guarantee for the loan under the Agreement is surety.
7.2 Party
A shall actively assist Party B to conclude and sign the surety Agreements with
the guarantor on concrete guarantee issues under the Agreement, with the
Agreement numbers of 2010 An Xxxxx Xxxx Si Bu Bao
Zi No. 011-1 and 2010 An Xxxxx Xxxx Si Bu Bao Zi No. 011-2 respectively.
Meanwhile, Party A shall complete all the necessary procedures such as
registration, notarization and insurance etc. in accordance with the
requirements of Party B.
Article
8 Rights
and Obligations of the Two Parties
8.1 Party
A’s Rights and Obligations:
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8.1.1
Party A shall withdraw and use the loan in accordance with the term and usage
stipulated in the Agreement, not misappropriate or divert the loan, and
consciously accept Party B’s supervision over its usage of the
loan;
8.1.2
Party A shall be responsible for the authenticity, effectiveness, legitimacy,
accuracy and completeness of the materials provided during the review
process;
8.1.3
Party A shall consciously accept Party B’s investigations into, knowledge of and
supervision over the conditions of the usage of the loan under the Agreement,
the work process of the project, the project sales (presales) and lease, the
usage of the loan funds and the return funds of the project; meanwhile, Party A
shall be obliged to provide Party B with the relevant accounting statements in
each period such as the income statement and the balance sheet etc;
8.1.4
Party A shall actively assist Party B to participate in the relevant issues such
as investigations into the estimate, the budget and the final account of the
project for which the loan is intended, the project tendering and the final
acceptance of the completed project;
8.1.5
Party A shall repay the principle and the interest under the Agreement in
accordance with the terms and conditions therein; if Party A requests to prepay
all or part of the loan, it shall obtain Party B’s consent;
8.1.6
Party A shall authorize Party B to submit Party A’s enterprise credit
information during the loan (or credit) term to Credit Information Center of
People’s Bank of China (or other statutory financial regulators), and meanwhile
authorize Party B to inquire in the aforesaid institutions and to utilize the
materials such as Party A’s enterprise credit information;
8.1.7 For
any Agreement, lease, remolding with the stock system, affiliation, combination,
merger, joint venturing, separation, decrease of registered capital, changes in
ownership, transfer of assets, external investment or any other activity which
may adversely affect the realization of Party B’s rights and interests, Party A
shall give a thirty-day prior notice to Party B and obtain Party B’s written
consent. Otherwise, the implementation of the above actions is not allowed
before the liquidation of the whole loan.
8.1.8
Should any changes take place in Party A’s domicile, contact address, business
scope or legal representative etc., Party A shall give a written notice to Party
B within five days after the change;
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8.1.9
Should any other events which might pose dangers for Party A’s normal operations
or have a material adverse effect on the obligations of repayment hereunder
happen, including but not limited to being involved in material economic
disputes, bankruptcy, deterioration in production business or financial
situations, or being engaged in illegal activities by the legal representative
or people in charge, Party A shall promptly give a written notice to Party
B.
8.1.10
Under the circumstances of being out of business, dissolution, stopping business
for internal rectification, revocation of business license or being revoked,
Party A shall give a written notice to Party B within five days after the
aforesaid events, and make sure to repay the principal and interest
immediately;
8.1.11
Within the valid term of the Agreement, if Party A provides guarantee in
whatever forms to a third party, it shall obtain Party B’s written
consent;
8.1.12 If
situations such as off production, out of business, cancellation of
registration, revocation of business license, bankruptcy, deterioration in
financial situations and operation loss happen to the guarantor for the loan
hereunder, which causes the guarantor to lose the guarantee capacity partly or
wholly, or the value of the mortgage or pledge rights for the loan hereunder is
depreciated, Party A shall promptly provide other guarantees acceptable to Party
B.
8.1.13
Party A hereby ensures that its production and operation as well as the related
activities conform to the relevant laws and regulations, including but not
limited to the industrial policy, the public finance and taxation policy, and
regulatory rules on market access, environmental assessment, energy saving and
emission reduction, energy consumption and pollution control, resource
utilization, land and urban planning and labor security etc. If any of the
aforesaid violations or risks may arise, Party A agrees that Party B shall be
entitled to take the measures including but not limited to cessation of the
loan, recovery of the loan ahead of schedule, disposal of the mortgaged/pledged
properties ahead of schedule, and requirements for Party A to add the liability
insurance with regard to energy consumption and pollution etc.;
8.1.14 If
the net profit after tax in relevant fiscal year is zero or negative, or the
profit after tax is insufficient to make up the accumulated loss of past fiscal
years, or the profit before tax is not used to discharge any principal, interest
and fees payable by Party A in the current fiscal year, or the profit before tax
is insufficient to repay the principal, interest and fees of the next fiscal
year, Party A may not distribute the dividends or bonus to its shareholders in
whatever forms;
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8.1.15 If
the loan is a real estate loan, with Party B’s consent, Party A shall
preferentially entrust Party B to handle mortgage loans for house buyers of the
project for which the loan is intended;
8.1.16
Party A shall assume the expenses related with the Agreement and the guarantee
hereunder, including but not limited to the fees charged for notarization,
insurance, identification, evaluation, registration, lawyer service,
transformation and storage etc.
8.2 Party
B’s Rights and Obligations
8.2.1
Party B may require Party A to provide all the materials relating to the loan
under the Agreement;
8.2.2 In
accordance with the Agreement or the law, Party B shall be entitled to deduct
directly from Party A’s accounts the principle, interest, compound interest,
default interest, and any other fees payable by Party A;
8.2.3 As
far as the liquidation priority is concerned, the loan between the Party A and
Party B is superior to the loan from Party A's shareholders to Party
A;
8.2.4 For
Party A’s evasion of Party B’s supervision, default on the principal and
interest of the loan or any other serious breach of the Agreement, Party B shall
be entitled to impose credit sanctions, to report to the departments and
entities concerned, and to collect the loan by public notice via news
media;
8.2.5
Party B shall grant the loan to Party A in full amount and on schedule according
to the provisions of the Agreement (with the exceptions of the delays arising
from the reasons attributable to Party A);
8.2.6
Party B shall be entitled, in accordance with the requirements of Administrative Measures on Bank
Credit Registration and Consultancy and Administrative Measures on
Individual Credit Information Collecting, to register the loan under the
Agreement and its guarantee status, and permit the relevant financial
institutions to inquire the aforesaid information;
8.2.7
Party B shall keep confidential the materials and information on Party A’s
debts, finance, production and operations etc. provided by Party A, unless
otherwise agreed upon by the Agreement or stipulated by laws and
regulations.
Article
9 Party
A’s Representations
Party A
hereby represents that:
8
9.1 If
Party A is a legal person or an unincorporated organization, Party A is legally
registered and operated, and has full capacity for civil rights and capacity for
civil conduct necessary to execute and perform the Agreement; if Party A is a
natural person, it has the qualifications of a civil subject, i.e., the full
capacity for civil rights and capacity for civil conduct necessary to execute
and perform the Agreement;
9.2 The
Agreement is executed and performed out of its genuine declarations of intention
of Party A, obtains all legal and effective authorizations required by Party A's
articles of association and bylaws, and is not in violation of any binding
agreements, Agreements, or other legal documents. Party A has obtained or will
obtain all the required approval, consent, documentation or registration for
executing and performing the Agreement;
9.3 All the
documents, financial statements, certifications and other information provided
by Party A to Party B under the Agreement are true, complete, accurate and
effective;
9.4 The
business background that Party A represents to Party B is real and legal, not
for any illegal purposes such as money laundering;
9.5 Party
A does not conceal any fact that may affect Party A and the guarantor's
financial condition or performance capability;
9.6 If
Party A has executed or will execute with the guarantor of the Agreement a
counter-guarantee agreement or similar agreement regarding its guarantee
obligation under the Agreement, this counter-guarantee agreement or similar
agreement will not undermine any of Party B’s rights under the
Agreement;
9.7 If
the loan under the Agreement is intended for a project to be constructed, Party
A ensures that it has got approval from the relevant governmental
authorities;
9.8 Other
items represented by Party A: ______________________/_____________.
Article
10 □
Disclosure of Related Party Transactions within the Group to Which
Party A Belongs
(Optional
clause, xxxx with “√” in “□” if applicable
and “×” if
not applicable)
9
10.1
Party A belongs to the group clients confirmed by Party B in accordance with
Guidelines on the Management
of Risks of Credits Granted by Commercial Banks to Group Clients. Party A
shall report details of the related party transactions involved with more than
10% of the net assets, including the relationship among the transaction parties,
the transaction items, the amounts of the transactions, the nature of the
transactions, the corresponding ratios and the pricing policies (including the
transactions with token payments instead of real payments).
10.2
Under any of the following circumstances, Party B shall be entitled to take the
unilateral decision to cease the grant of the unissued loan to Party A and to
recover part or whole of the principal and interest ahead of schedule: Party A
uses the false Agreement entered into with interested parties and discounts on
or pledges claims such as notes receivable or accounts receivable without
genuine trade background to cheat the bank of capital or credit; material
merger, purchase and reorganization etc. happen to Party A, which in Party B’s
opinion may affect the security of the loan; Party A utilizes related party
transactions to evade repayment of bank loans; or other circumstances stipulated
in Article 18 of Guidelines on
the Management of Risks of Credits Granted by Commercial Banks to Group
Clients.
Article
11 Liabilities
for Breach of the Agreement
11.1 Once
the Agreement comes into effect, both Party A and Party B shall duly perform
their respective obligations under the Agreement. Either Party that fails to
perform part or whole of its obligations under the Agreement shall bear the
liabilities for breach of the Agreement according to law.
11.2 If
Party A prepays the loan under the Agreement without Party B’s consent, Party B
shall be entitled to charge the interest according to the loan term and the
interest rate as stipulated in the Agreement.
11.3.1 If
Party A fails to repay the principal of the loan when it becomes due, Party B
shall be entitled to request Party A to repay it within a time limit, and
meanwhile, as an event of material breach, Party B shall be entitled to recover
other undue loans that Party A has received from Party B. Party A hereby
authorizes Party B to deduct the corresponding amount from all the accounts of
Party A which are opened with Anyang Commercial Bank CO. LTD or all its branches
to repay the loan under the Agreement. Meanwhile, for the overdue loan, a
default interest calculated by raising 50% on the basis of
the interest rate specified in the Agreement will be charged.
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11.3.2 If
Party A fails to repay the interest of the loan in accordance with the
stipulated time herein, Party B shall be entitled to request Party A to repay it
within a time limit or to recover the loan. Party A hereby authorizes Party B to
deduct the corresponding amount from all the accounts of Party A which are
opened with Anyang Commercial Bank CO. LTD of Anyang or all its branches to
repay the loan under the Agreement. For the accrued interest payable, within the
loan term, Party B may charge a compound interest on the basis of the interest
rate stipulated in the Agreement, and after the loan becomes due, Party B may
charge a compound interest on the basis of the interest rate as stipulated in
Article 11.3.1.
11.4 If
Party A fails to comply with the usage of the loan stipulated herein, Party B
shall be entitled to cease the grant of the loan, to recover part or whole of
the loan, and even to dissolve the Agreement. For the amount not used for
purpose as stipulated in the Agreement, Party B may charge a default interest
calculated by raising 100 % on the basis of
the interest rate specified in the Agreement from the breach date. Meanwhile,
for the accrued interest payable, Party B may charge a compound interest
calculated by raising / % on the basis of
the interest rate specified in the Agreement.
11.5 In
case that the circumstances listed in Articles 11.3.1 and 11.4 happen to Party
A’s usage of the loan concurrently, instead of simultaneous application, the
higher default interest shall be applied.
11.6 In
any of the following circumstances, Party A shall correct it and take remedial
measures to the satisfaction of Party B within 5 days after the receipt of Party
B’s notice. Otherwise, Party B shall be entitled to recover part or whole of the
loan ahead of schedule. For the irrecoverable, liquidated damages may be charged
at the overdue loan rate for each day:
11.6.1
Party A provides Party B with the financial statements and other documents which
are falsified or conceal important facts;
11.6.2
Party A fails to cooperate with or refuses to accept Party B’s supervision over
its usage of the loan, as well as its relevant production operations and
financial activities;
11.6.3
Without Party B’s consent, Party A transfers or disposes of, or threats to
transfer or dispose of the material parts of its assets;
11.6.4
The essential parts or whole of Party A’s properties are possessed by other
creditors, or taken over by trustees, receivers or other similar persons, or
seized or frozen, which may cause heavy loss to Party B;
11.6.5
Without Party B’s consent, Party A conducts activities such as Agreement, lease,
remolding with the stock system, affiliation, combination, merger, joint
venturing, separation, decrease of registered capital, changes in ownership,
transfer of assets, external investment or any other activities sufficient to
adversely affect the realization of Party B’s rights and interests, which may
jeopardize the security of Party B’s creditor rights;
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11.6.6
The changes in Party A’s business registration items such as domicile, contact
address, business scope or legal representative etc. seriously affect or threat
to seriously affect the realization of Party B’s creditor rights;
11.6.7
Party A’s being out of business, dissolution, cessation of business for internal
rectification, revocation of business license, revocation, involvement in major
economic disputes or deterioration in financial situations seriously affect or
threat to seriously affect the realization of Party B’s creditor
rights;
11.6.8
Within the valid term of the Agreement, Party A provides the guarantee for a
third party’s debt without Party B’s written consent;
11.6.9 In
the event that the guarantor of the loan under the Agreement encounters the
circumstances listed in Article 8.1.12, Party A fails to provide additional
guarantee acceptable to Party B;
11.6.10
Party A conducts any other activity that may result in threats to the
realization of Party B’s creditor rights or cause heavy loss to Party
B.
Article
12 Effectiveness,
Alteration, Dissolution and Termination
12.1 The
Agreement shall come into effect upon signature and seal by both parties, or
under the conditions of guarantee, it shall come into effect as soon as the
guarantee Agreement comes into effect. The Agreement may not be terminated until
the date when the principal, interest, compound interest, default interest,
liquidated damages and all other payables are cleared off.
12.2
Under any of the following circumstances, Party B shall be entitled to dissolve
the Agreement and to require Party B to repay the principal and interest of the
loan as well as the compensations for losses:
12.2.1
Party A is out of business, dissolved, ordered to stop business for internal
rectification, revocation of business license or revoked itself.
12.2.2
The guarantee under the Agreement undergoes changes to the disadvantage of Party
B’s creditor’s rights, and Party A fails to provide other necessary guarantees
required by Party B;
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12.2.3
Party A fails to repay the loan on time, or fails to use the loan as stipulated
in the Agreement, or fails to pay the interest or undergoes other serious breach
of the Agreement.
12.3 If
Party A needs to extend the term of the loan, it shall submit a written
application together with the guarantor’s written consent of continuous
guarantee to Party B at least 30 days prior to the expiration of the Agreement.
The term of the loan under the Agreement won’t be extended until the application
is examined and approved by Party B and both parties sign an extension
agreement; before the extension agreement is signed by both parties, the
Agreement shall continue to be performed.
Article
13 Notarization
13.1 If
either party to the Agreement asks for notarization, the Agreement shall be
notarized in one of the notary offices specified by the state and the fees for
notarization shall be assumed by Party A.
13.2
Party A and Party B hereby agree and confirm that: if the Agreement is notarized
by the notary office as a creditor’s right document with the force of compulsory
enforcement, in case Party A fails to repay the principal, interest and other
payables on time, or violates other obligations stipulated in the Agreement,
Party B shall be entitled to directly file an application with the competent
people’s court for compulsory enforcement.
Article
14 Dispute
Settlement
14.1 Any
dispute or controversy arising out of or in connection with the performance of
the Agreement shall be settled through consultations of the two parties. In case
no settlement can be reached, the dispute or controversy shall then be settled
according to Article 14.1.2 as
follows:
14.1.1
Arbitration, conducted by Anyang Arbitration Commission;
14.1.2
Litigation, governed by the people's court at Party B’s place of
domicile.
14.2 During the period of dispute
settlement, the other clauses not in dispute shall continue to be
performed.
Article
15 Other
Issues Agreed by Both Parties
15.1
During the performance of the Agreement, Party B’s any tolerance or grace for
Party A’s any nonperformance or delays in performance shall not undermine,
affect or restrict any of Party B’s rights stipulated by the Agreement or the
relevant laws and regulations, nor shall it be deemed as Party B’s approval or
acquiescence of any nonperformance, nor shall it be deemed as Party B’s waiver
of taking further measures in the future against Party A’s nonperformance now or
in the future.
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15.2
Party B shall be entitled to recover the loan ahead of schedule according to the
conditions of funds return.
15.3
_______________________________________________________________________.
.
Article
16 Miscellaneous
16.1 The
appendices hereto are an integral part of the Agreement, which shall have the
same legal effect.
16.2
During the performance of the Agreement, in case certain withdrawal date isn’t a
banking day, it would be postponed to the next banking day.
16.3
Party A hereby confirms that the following address and recipient shall be taken
as the address of service to which Party B will send various notices and letters
for the purpose of Party B’s exercise of rights under the
Agreement:
Address:
Tongye Town, Anyang
County
Post
Code: 455141 Recipient:
Xxxxxxx
XXXX Telephone: 0000000
If the
address of service confirmed above by Party A changes, Party A shall give a
written notice to Party B within 5 days after the change; otherwise, materials
such as various notices and letters sent by Party B to the address confirmed
above shall be deemed to have been served. For any notice, demand or other
communications to Party A sent by Party B under the Agreement, including but not
limited to letters by telex, telegram or fax, they shall be deemed to have been
served to Party A immediately after they are sent.
16.4 If
for business necessity, Party B needs to entrust other institutions of Anyang
Commercial Bank CO. LTD of Anyang to perform the rights and obligations under
the Agreement or have other institutions of Anyang Commercial Bank CO. LTD of
Anyang to undertake and manage the loan business under the Agreement, Party A
shall agree with such entrustment or undertaking. Other institutions of Anyang
Commercial Bank CO. LTD of Anyang that are authorized Party B or that undertake
and manage the loan business shall be entitled to all the rights under the
Agreement and may, in the name of themselves, submit any dispute under the
Agreement to the court or the arbitration committee, or apply to the people's
court for compulsory enforcement.
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16.5 The
Agreement is executed in four sets, and
each party (Party A, Party B and the relevant departments) holds one which has
the same legal effect.
Article
17 Prompt
17.1 Party B has drawn Party
A’s full attention to understand all the clauses hereof wholly and correctly,
and explained the relevant clauses in detail on the request of Party A. Both the
parties have reached common understanding with regard to the
Agreement.
IN WITNESS WHEREOF, each party
hereto has caused the Agreement to be sealed and signed by its duly authorized
representative.
Borrower
(Party A): Henan Shuncheng Group Coal Coke Co., Ltd
Legal
Representative: /s/ Xxxxxxx Xxxx
(Or
Authorized Representative)
April 14th, 2010
Lender
(Party B): Anyang Commercial Bank
CO. LTD
Legal
Representative (or Officer):
(Or
Authorized Representative) [illegible]
April 14th,
2010
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