Business Director: _______ Business Handler: ________ Supplemented Agreement Accounting Director: ______ Accounting Handler: ______
|
Fuhwa
Bank
|
Loanee
Customer No: 11589
|
|
Business
Director: _______
Business Handler: ________
|
|
|
Supplemented
Agreement
|
Accounting
Director: ______
Accounting Handler: ______
|
1.
The
supplemented receipt (agreement)
promiser
(hereinafter
the “promiser”has
issued the receipt
(agreement)
[including
the agreement and the all previous supplemented receipts
(agreements),
hereinafter the “former receipt
(agreement)
”]
and
delivered it to your bank as the voucher on 5
August 2005,
and the
agreed loan amount
(agreement
amount)
is
NTD/USD
Thirty-one Million .
2.
The
promiser agrees to abide by the terms of the former receipt
(agreement)
as
well
as alter the □loan amount
(agreement
amount)
,
□loan
term, □reimbursement manner, □interest, □agreed condition of authorized
transfer/withholding of the former receipt
(agreement)
from _________
to [Xxxx
X in the □ for the applicable item and X in the □ for the inapplicable
item]:
2.1
Loan
Amount
(Agreement
Amount)
[Xxxx
X
in the □ for the applicable item and X in the □ for the inapplicable
item]:
□The
loan
amount
(agreement
amount)
of
the
former receipt
(agreement)
is
altered to NTD/USD________.
2.2
Loan
Term[Xxxx X in the □ for the applicable item and X in the □ for the inapplicable
item]:
□The
loan
expiry day is extended to
(Note:
the
former loan term is from ________
to).
2.3
Reimbursement Manner [Xxxx X in the □ for the applicable item and X in the □ for
the inapplicable item]:
□1.
The
interest is paid on _______
of each
month, and the residual principal will be reimbursed upon the expiry
day.
□2.
The
grace period is from _____
to
_____.
The
interest is paid on _______
of each
month, the principal and interest is reimbursed according to the annuity
method averagely per
month
upon the expiry of grace period and the residual principal will be reimbursed
upon the expiry day.
□3.
During the extension period, the interest is paid per month from
______,
and the
loanee should reimburse the principal of loan one-off or by stages before the
expiry of loan term.
□4.
During the extension period, the interest is paid per month from
______,
and the
principal of loan should be reimbursed by _____
stages
with _____
months
for each stage.
□5.
During the extension period, the monthly payment should be calculated according
to the annuity method with one month for each stage, and the principal and
interest should be reimbursed averagely per month.
□6.
The
interest is paid on _______
of each
month, the principal of NTD _________
is paid
per month, and the residual principal will be reimbursed upon the expiry
day.
1
□7.
The
grace period is from ______
to
______.
The
interest is paid on _________
of each
month, the principal of NTD _______
is paid
per month, the principal and interest is reimbursed according to the annuity
method averagely per
month
upon the expiry of grace period and the residual principal will be reimbursed
upon the expiry day.
□8.
Others.
2.4
Interest [Xxxx X in the □ for the applicable item and X in the □ for the
inapplicable item]:
□1.
The
interest is calculated based on an annual rate of _____%
and
paid per month; the interest rate is fixed and won’t change any
more.
□2.
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of _____%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the benchmark interest rate later.
□3.
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of ______%,
and
the monthly payment is calculated according to the annuity method and paid
per
month. The interest will be calculated based on the new interest rate adding
the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the benchmark interest rate later.
□4.
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of _____%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the fixed deposit interest rate index
later.
□5.
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of _____%,
and
the monthly payment is calculated according to the annuity method and paid
per
month. The interest will be calculated based on the new interest rate adding
the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the fixed deposit interest rate index later.
□6.
The
outstanding interest should be kept in account temporarily, and the interest
in
account should be amortized averagely in ______
stages
from ___________.
□7.
The
outstanding interest should be kept account temporarily, and the interest in
account should be paid off before ___________.
□8.
The
interest is calculated based on an annual rate of _____%
from
_________,
in
which the annual rate of _____%
will be
levied per month, and the other annual rate of ____%
will be
kept account temporarily, and the interest in account should be paid off one-off
before ______.
2
□9.
Overdraft Interest
The
overdraft interest is calculated based on your published □benchmark interest
rate/□fixed deposit interest rate index with an additional annual rate of
____%
(the
current annual rate is ___%)
according
to the highest overdraft balance of each day from ____________
to
_______.
The
interest will be calculated based on the new interest rate adding the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the benchmark interest rate/fixed deposit interest rate index
later. The interest will be settled on
of each
month and merged into the former principal; the promiser
should
pay off the excessive amount immediately if the sum of principal and interest
exceeds the loan limit, and your bank is entitled to deduct or countervail
the
excessive amount in the deposit or other fund of promiser.
If the promiser does not repay the overdraft on time and/or does not
pay
off
the excessive amount immediately if the sum of principal and interest exceeds
the loan limit, the promiser agrees to calculate the interest according to
the
former interest rate as well as pay the penalty equal to 10% of the former
overdraft interest if the overdue period is within 6 months and 20% of the
former overdraft interest if the overdue period exceeds 6 months.
□10.
Foreign Currency Advance [Xxxx X in the □ for the applicable item and X in the □
for the inapplicable item]:
□10.1
For
the
USD advance, the value date is the advance date of your bank, and the interest
will be calculated fixedly based on the average USD □SIBOR/□LIBOR rate with a
term of _____
months
of Reuters in the value date adding the additional annual rate of
______%
and
then divided by _____.
□10.2
For
the JPY advance, the value date is the advance date of your bank, and the
interest will be calculated fixedly based on the highest/average JPY
□SIBOR/□LIBOR rate with a term of _____ months
of
Reuters in the value date adding the additional annual rate of _____%
and
then divided by _____.
□10.3
For
the [□EUR □GBP □CAD □Other Currency:_____
]
advance, the value date is the advance date of your bank, and the interest
will
be calculated fixedly based on the average LIBOR rate of the currency with
a
term of ____
months
of Reuters in the value date adding the additional annual rate of
_____%
and
then divided by _____.
□10.4
The
value date of the foreign currency advance is the advance date of your bank,
the
interest will be calculated fixedly based on the loan rate of that currency
published by your bank in the value date adding/decreasing a fixed additional
rate. The above-mentioned adding/decreasing fixed additional rate is agreed
as
follows: the
interest is paid according to the manner marked V in the left □, while that
marked X in the left □ is inapplicable.
□A.
USD
advance: adding/decreasing the annual rate of _____%.
□B.
JPY
advance:
adding/decreasing the annual rate of ______%.
3
□C.
EUR
advance:
adding/decreasing the annual rate of ____%.
□D.
GBP
advance:
adding/decreasing the annual rate of ____%.
□E.
CAD
advance:
adding/decreasing the annual rate of ____%.
□F.
Other
currency
advance
(____________):
adding/decreasing the annual rate of _____%.
□G.
The
foreign currency
advance
other than the first three currencies and the currencies marked in item F:
adding/decreasing the annual rate of _____%.
□10.5
If
the promiser of supplemented agreement applies to transfer the
above-mentioned
advance
to the loan of other currency according to the agreement, the interest will
be
calculated based on the above-mentioned marked method of each currency on the
transfer day.
□10.6
If
the foreign currency advance is transferred to the NTD loan under the
application of promiser:
□A.
The
interest
will be
calculated based on your published □benchmark
interest rate/ □fixed
deposit interest rate index with an additional annual rate of ____%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the benchmark interest rate/ fixed deposit interest
rate index later.
□B.
The
interest will
be
calculated fixedly based on referring interest rate with an additional annual
rate of ____%.
The
referring interest rate is the average interest rate for the issuance of
securities with an term of _____
days in
Taiwan primary market displayed on page 51328 of the screen of Moneyline
Telerate at about 11 am of the business day before each value date.
※
If
the
interest is calculated based on your basic loan rate, fixed deposit interest
rate index or benchmark interest rate adding/decreasing the annual rate
floatingly, and your basic loan rate, fixed deposit interest rate index or
benchmark interest rate is adjusted (either
rising or decreasing) before
the loan is paid off, the interest will be calculated based on the adjusted
basic loan rate, fixed deposit interest rate index or benchmark interest rate
adding/decreasing the annual rate floatingly. The promiser also agrees to be
bound after the bank publishes the content in its operating
locations.
2.5
Authorized Transfer/Withholding Agreement [Xxxx X in the □ for the applicable
item and X in the □ for the inapplicable item]:
□The
loanee should pay the derived interest, penalty, expense, principal payable,
insurance premium of guaranty, the inquiry expense of Clearing House and Joint
Credit Information Center, and authorize your bank to transfer and withhold
from
the deposit account number
issued
in ______
branch
of your bank; this agreement is the certificate of authorization.
2.6
Others: The guarantors are altered to Xxx
Xxxx-Xx and Xxxx Xxxx-Xxx.
3.
If the
promiser does not pay the principal or interest (including
the outstanding interest and the interest in the amortization
period),
he will
lose the right of amortization and be regarded to pay off all the amount upon
the expiry day, and the deferred interest should be paid according to the
current and future regulations of your bank. For the deferred principal and
interest, the penalty (equal
to
10% of the principal and interest if the overdue period is within 6 months
and
20% of the principal and interest if the overdue period exceeds 6
months.)will
be
calculated from the expiry day of principal and payment day of interest. Your
bank is entitled to claim all the principal and interest, penalties and lawsuit
expense based on the original loan agreement, this supplemented agreement or
the
content having obtained the implementation right.
4
4.
The
promiser agrees to pay NTD ______
one-off
as the □credit condition alteration operating fee/ □account management fee/
□credit limit setting fee to your bank when signing this supplemented agreement.
The promiser hereby authorizes your bank to transfer and withhold in the deposit
account stated in article 2.5 of the □original receipt (agreement)
/
□this
supplemented agreement, and this agreement is the certificate of
authorization.
5. This
supplemented receipt
(agreement)
should
be
regarded a part of the original receipt (agreement),
and its
effectiveness is the same with the original receipt (agreement);
the
joint guarantor will undertake the joint guarantee liability.
Best
Regards!
Fuhwa
Commercial Bank Co., Ltd
(The
promiser and joint guarantor of the supplemented receipt (agreement)
has
perused the contents of all above-mentioned articles, and they hereby promises
and stamp the seal.)
The
Promiser of Supplemented Receipt (Agreement):
Kid
Castle Internet Technologies Ltd
| ID Card Unique Number: 70676630 Xxxx-Xx, Xxx (sealed) | (Signature and Seal) |
Address:
0X.,
Xx.000, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
| The Joint Guarantor: Xxxx-Xx, Xxx | (Signature and Seal) |
Address:
Xx.0-0,
00
Xxxx ,Xxxx-xxx xxxxx, Xxxxxx Xxxxxxx, Xxxxxx
Xxxxxxxx, Xxxxxxxx Xxxxxx
ID
Card
Unique Number: N120214084
| The Joint Guarantor: Xxxx-Xxx, Xxxx | (Signature and Seal) |
Address:
Xx.000,
Xxxxxx X. Xx., Xxxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx (R.O.C.)
ID
Card
Unique Number: F120715848
| The Joint Guarantor: | (Signature and Seal) |
5
Address:
ID
Card
Unique Number:
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
29
December 2006
[Supplemented
Agreement (General)Version
95.08.14]
6
|
Fuhwa
Bank
|
Loanee
Customer No: 11589
|
|
Business
Director: _______
Business Handler: ________
|
|
|
Supplemented
Agreement
|
Accounting
Director: ______
Accounting Handler: ______
|
1. The supplemented receipt (agreement) promiser (hereinafter the “promiser”) has issued the receipt (agreement) [including the agreement and the all previous supplemented receipts (agreements), hereinafter the “former receipt (agreement)”] and delivered it to your bank as the voucher on 5 August 2005, and the agreed loan amount (agreement amount) is NTD/USD Seven Million .
2.
The
promiser agrees to abide by the terms of the former receipt (aggrement)
as
well
as alter the □loan amount (agreement
amount),
□loan
term, □reimbursement manner, □interest, □agreed condition of authorized
transfer/withholding of the former receipt
(aggrement) from ______
to [Xxxx
X in the □ for the applicable item and X in the □ for the inapplicable
item]:
2.1
Loan
Amount (Agreement
Amount) [Xxxx
X
in the □ for the applicable item and X in the □ for the inapplicable
item]:
□The
loan
amount (agreement
amount) of
the
former receipt
(aggrement) is
altered to NTD/USD______.
2.2
Loan
Term[Xxxx X in the □ for the applicable item and X in the □ for the inapplicable
item]:
□The
loan
expiry day is extended to ___________ (Note:
the
former loan term is from _____
to
___________).
2.3
Reimbursement Manner [Xxxx X in the □ for the applicable item and X in the □ for
the inapplicable item]:
□1.
The
interest is paid on _____
of each
month, and the residual principal will be reimbursed upon the expiry
day.
□2.
The
grace period is from _____________
to
_____________.
The
interest is paid on __________
of each
month, the principal and interest is reimbursed according to the annuity
method averagely per
month
upon the expiry of grace period and the residual principal will be reimbursed
upon the expiry day.
□3.
During the extension period, the interest is paid per month from
________,
and the
loanee should reimburse the principal of loan one-off or by stages before the
expiry of loan term.
□4.
During the extension period, the interest is paid per month from
________,
and the
principal of loan should be reimbursed by _____
stages
with _______
months
for each stage.
□5.
During the extension period, the monthly payment should be calculated according
to the annuity method with one month for each stage, and the principal and
interest should be reimbursed averagely per month.
□6.
The
interest is paid on _________
of each
month, the principal of NTD ________
is paid
per month, and the residual principal will be reimbursed upon the expiry
day.
7
□7.
The
grace period is from __________
to
__________.
The
interest is paid on ______ of
each
month, the principal of NTD _________
is paid
per month, the principal and interest is reimbursed according to the annuity
method averagely per
month
upon the expiry of grace period and the residual principal will be reimbursed
upon the expiry day.
□8.
Others.
2.4
Interest[Xxxx X in the □ for the applicable item and X in the □ for the
inapplicable item]:
□1.
The
interest is calculated based on an annual rate of _______%
and
paid per month; the interest rate is fixed and won’t change any
more.
□2.
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of _______%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the benchmark interest rate later.
□3.
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of ______%,
and
the monthly payment is calculated according to the annuity method and paid
per
month. The interest will be calculated based on the new interest rate adding
the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the benchmark interest rate later.
□4.
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of ______%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the fixed deposit interest rate index
later.
□5.
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of ______%,
and
the monthly payment is calculated according to the annuity method and paid
per
month. The interest will be calculated based on the new interest rate adding
the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the fixed deposit interest rate index later.
□6.
The
outstanding interest should be kept in account temporarily, and the interest
in
account should be amortized averagely in ____________
stages
from _________________.
□7.
The
outstanding interest should be kept account temporarily, and the interest in
account should be paid off before _______________.
□8.
The
interest is calculated based on an annual rate of ______%
from
_____________,
in
which the annual rate of ______%
will be
levied per month, and the other annual rate of _____%
will be
kept account temporarily, and the interest in account should be paid off one-off
before ________________.
8
□9.
Overdraft Interest
The
overdraft interest is calculated based on your published □benchmark interest
rate/□fixed deposit interest rate index with an additional annual rate of
______%
(the
current annual rate is ______%)according
to the highest overdraft balance of each day from __________
to __________.
The
interest will be calculated based on the new interest rate adding the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the benchmark interest rate/fixed deposit interest rate index
later. The interest will be settled on _______
of each
month and merged into the former principal; the promiser
should
pay off the excessive amount immediately if the sum of principal and interest
exceeds the loan limit, and your bank is entitled to deduct or countervail
the
excessive amount in the deposit or other fund of promiser.
If the promiser does not repay the overdraft on time and/or does not
pay
off
the excessive amount immediately if the sum of principal and interest exceeds
the loan limit, the promiser agrees to calculate the interest according to
the
former interest rate as well as pay the penalty equal to 10% of the former
overdraft interest if the overdue period is within 6 months and 20% of the
former overdraft interest if the overdue period exceeds 6 months.
□10.
Foreign Currency Advance [Xxxx X in the □ for the applicable item and X in the □
for the inapplicable item]:
□10.1
For
the
USD advance, the value date is the advance date of your bank, and the interest
will be calculated fixedly based on the average USD □SIBOR/□LIBOR rate with a
term of ______
months
of Reuters in the value date adding the additional annual rate of
_____%
and
then divided by ________.
□10.2
For
the JPY advance, the value date is the advance date of your bank, and the
interest will be calculated fixedly based on the highest/average JPY
□SIBOR/□LIBOR rate with a term of ______
months
of Reuters in the value date adding the additional annual rate of %
and
then divided by ____________.
□10.3
For
the [□EUR □GBP □CAD □Other Currency:_______
]advance, the value date is the advance date of your bank, and the interest
will
be calculated fixedly based on the average LIBOR rate of the currency with
a
term of _____
months
of Reuters in the value date adding the additional annual rate of
_____%
and
then divided by ___________.
□10.4
The
value date of the foreign currency advance is the advance date of your bank,
the
interest will be calculated fixedly based on the loan rate of that currency
published by your bank in the value date adding/decreasing a fixed additional
rate. The above-mentioned adding/decreasing fixed additional rate is agreed
as
follows: the
interest is paid according to the manner marked V in the left □, while that
marked X in the left □ is inapplicable.
□A.
USD
advance: adding/decreasing the annual rate of _____%.
□B.
JPY
advance:
adding/decreasing the annual rate of _____%.
9
□C.
EUR
advance:
adding/decreasing the annual rate of ______%.
□D.
GBP
advance:
adding/decreasing the annual rate of ______%.
□E.
CAD
advance:
adding/decreasing the annual rate of ______%.
□F.
Other
currency
advance
(____________):
adding/decreasing the annual rate of ______%.
□G.
The
foreign currency
advance
other than the first three currencies and the currencies marked in item F:
adding/decreasing the annual rate of _____%.
□10.5
If
the promiser of supplemented agreement applies to transfer the
above-mentioned
advance
to the loan of other currency according to the agreement, the interest will
be
calculated based on the above-mentioned marked method of each currency on the
transfer day.
□10.6
If
the foreign currency advance is transferred to the NTD loan under the
application of promiser:
□A.
The
interest
will be
calculated based on your published □benchmark
interest rate/ □fixed
deposit interest rate index with an additional annual rate of ______%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the benchmark interest rate/ fixed deposit interest
rate index later.
□B.
The
interest will
be
calculated fixedly based on referring interest rate with an additional annual
rate of _____%.
The
referring interest rate is the average interest rate for the issuance of
securities with an term of _____
days in
Taiwan primary market displayed on page 51328 of the screen of Moneyline
Telerate at about 11 am of the business day before each value date.
※
If
the
interest is calculated based on your basic loan rate, fixed deposit interest
rate index or benchmark interest rate adding/decreasing the annual rate
floatingly, and your basic loan rate, fixed deposit interest rate index or
benchmark interest rate is adjusted (either
rising or decreasing) before
the loan is paid off, the interest will be calculated based on the adjusted
basic loan rate, fixed deposit interest rate index or benchmark interest rate
adding/decreasing the annual rate floatingly. The promiser also agrees to be
bound after the bank publishes the content in its operating
locations.
2.5
Authorized Transfer/Withholding Agreement [Xxxx X in the □ for the applicable
item and X in the □ for the inapplicable item]:
□The
loanee should pay the derived interest, penalty, expense, principal payable,
insurance premium of guaranty, the inquiry expense of Clearing House and Joint
Credit Information Center, and authorize your bank to transfer and withhold
from
the deposit account number
issued
in
branch
of your bank; this agreement is the certificate of authorization.
2.6
Others: The guarantors are altered to Xxx
Xxxx-Xx and Xxxx Xxxx-Xxx.
3.
If the
promiser does not pay the principal or interest (including
the outstanding interest and the interest in the amortization
period),
he will
lose the right of amortization and be regarded to pay off all the amount upon
the expiry day, and the deferred interest should be paid according to the
current and future regulations of your bank. For the deferred principal and
interest, the penalty (equal
to
10% of the principal and interest if the overdue period is within 6 months
and
20% of the principal and interest if the overdue period exceeds 6
months.)will
be
calculated from the expiry day of principal and payment day of interest. Your
bank is entitled to claim all the principal and interest, penalties and lawsuit
expense based on the original loan agreement, this supplemented agreement or
the
content having obtained the implementation right.
10
4.
The
promiser agrees to pay NTD_____
one-off
as the □credit condition alteration operating fee/ □account management fee/
□credit limit setting fee to your bank when signing this supplemented agreement.
The promiser hereby authorizes your bank to transfer and withhold in the deposit
account stated in article 2.5 of the □original receipt (agreement)
/
□this
supplemented agreement, and this agreement is the certificate of
authorization.
5. This
supplemented receipt
(agreement)should
be
regarded a part of the original receipt (agreement),
and its
effectiveness is the same with the original receipt (agreement);
the
joint guarantor will undertake the joint guarantee liability.
Best
Regards!
Fuhwa
Commercial Bank Co., Ltd
(The
promiser and joint guarantor of the supplemented receipt (agreement)
has
perused the contents of all above-mentioned articles, and they hereby promises
and stamp the seal.)
The
Promiser of Supplemented Receipt (Agreement):
Kid
Castle Internet Technologies Ltd
| ID Card Unique Number: 70676630 Xxxx-Xx, Xxx(sealed) | (Signature and Seal) |
Address:
0X.,
Xx.000, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
| The Joint Guarantor: Xxxx-Xx, Xxx (Signature and Seal) | (Signature and Seal) |
Address:
Xx.0-0,
00
Xxxx ,Xxxx-xxx xxxxx, Xxxxxx Xxxxxxx, Xxxxxx
Xxxxxxxx, Xxxxxxxx Xxxxxx
ID
Card
Unique Number: N120214084
| The Joint Guarantor: Xxxx-Xxx, Xxxx | (Signature and Seal) |
Address:
Xx.000,
Xxxxxx X. Xx., Xxxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx (R.O.C.)
ID
Card
Unique Number: F120715848
| The Joint Guarantor: | (Signature and Seal) |
11
Address:
ID
Card
Unique Number:
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
29
December 2006
[Supplemented
Agreement (General)Version
95.08.14]
12
|
Fuhwa
Bank
|
Loanee
Customer No: 11589
|
|
Business
Director: _______
Business Handler: ________
|
|
|
Supplemented
Agreement
|
Accounting
Director: ______
Accounting Handler: ______
|
1.
The
supplemented receipt (agreement)
promiser
(hereinafter
the “promiser”) has
issued the receipt (agreement)
[including
the agreement and the all previous supplemented receipts (agreements),
hereinafter the “former receipt (agreement)”]
and
delivered it to your bank as the voucher on 5
August 2005,
and the
agreed loan amount (agreement
amount)is
NTD/USD
Ten
Million .
2.
The
promiser agrees to abide by the terms of the former receipt (agreement)as
well
as alter the □loan amount (agreement
amount),
□loan
term, □reimbursement manner, □interest, □agreed condition of authorized
transfer/withholding of the former receipt (agreement)from _______
to [Xxxx
X in the □ for the applicable item and X in the □ for the inapplicable
item]:
2.1
Loan
Amount (Agreement
Amount) [Xxxx
X
in the □ for the applicable item and X in the □ for the inapplicable
item]:
□The
loan
amount (agreement
amount)of
the
former receipt (agreement)is
altered to NTD/USD____________.
2.2
Loan
Term[Xxxx X in the □ for the applicable item and X in the □ for the inapplicable
item]:
□The
loan
expiry day is extended to _______ (Note:
the
former loan term is from ________
to
____________).
2.3
Reimbursement Manner[Xxxx X in the □ for the applicable item and X in the □ for
the inapplicable item]:
□1.
The
interest is paid on _______
of each
month, and the residual principal will be reimbursed upon the expiry
day.
□2.
The
grace period is from ____________
to
____________.
The
interest is paid on ____________
of each
month, the principal and interest is reimbursed according to the annuity
method averagely per
month
upon the expiry of grace period and the residual principal will be reimbursed
upon the expiry day.
□3.
During the extension period, the interest is paid per month from
_____________,
and the
loanee should reimburse the principal of loan one-off or by stages before the
expiry of loan term.
□4.
During the extension period, the interest is paid per month from
____________,
and the
principal of loan should be reimbursed by ___________ stages
with __________
months
for each stage.
□5.
During the extension period, the monthly payment should be calculated according
to the annuity method with one month for each stage, and the principal and
interest should be reimbursed averagely per month.
□6.
The
interest is paid on ____________
of each
month, the principal of NTD ____________
is paid
per month, and the residual principal will be reimbursed upon the expiry
day.
13
□7.
The
grace period is from _______
to
_________.
The
interest is paid on __________
of each
month, the principal of NTD ____________
is paid
per month, the principal and interest is reimbursed according to the annuity
method averagely per
month
upon the expiry of grace period and the residual principal will be reimbursed
upon the expiry day.
□8.
Others.
2.4
Interest[Xxxx X in the □ for the applicable item and X in the □ for the
inapplicable item]:
□1.
The
interest is calculated based on an annual rate of _____%
and
paid per month; the interest rate is fixed and won’t change any
more.
□2.
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of _____%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the benchmark interest rate later.
□3.
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of ______%,
and
the monthly payment is calculated according to the annuity method and paid
per
month. The interest will be calculated based on the new interest rate adding
the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the benchmark interest rate later.
□4.
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of _____%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the fixed deposit interest rate index
later.
□5.
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of ______%,
and
the monthly payment is calculated according to the annuity method and paid
per
month. The interest will be calculated based on the new interest rate adding
the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the fixed deposit interest rate index later.
□6.
The
outstanding interest should be kept in account temporarily, and the interest
in
account should be amortized averagely in ____________
stages
from ________________.
□7.
The
outstanding interest should be kept account temporarily, and the interest in
account should be paid off before _________________.
□8.
The
interest is calculated based on an annual rate of ______%
from
_____________,
in
which the annual rate of ______%
will be
levied per month, and the other annual rate of ______%
will be
kept account temporarily, and the interest in account should be paid off one-off
before _____________.
14
□9.
Overdraft Interest
The
overdraft interest is calculated based on your published □benchmark interest
rate/□fixed deposit interest rate index with an additional annual rate of
_____%
(the
current annual rate is ____%)according
to the highest overdraft balance of each day from _____
to _________.
The
interest will be calculated based on the new interest rate adding the
above-mentioned additional interest rate ever since the adjustment day when
your
bank adjusts the benchmark interest rate/fixed deposit interest rate index
later. The interest will be settled on
of each
month and merged into the former principal; the promiser
should
pay off the excessive amount immediately if the sum of principal and interest
exceeds the loan limit, and your bank is entitled to deduct or countervail
the
excessive amount in the deposit or other fund of promiser.
If the promiser does not repay the overdraft on time and/or does not
pay
off
the excessive amount immediately if the sum of principal and interest exceeds
the loan limit, the promiser agrees to calculate the interest according to
the
former interest rate as well as pay the penalty equal to 10% of the former
overdraft interest if the overdue period is within 6 months and 20% of the
former overdraft interest if the overdue period exceeds 6 months.
□10.
Foreign Currency Advance[Xxxx X in the □ for the applicable item and X in the □
for the inapplicable item]:
□10.1
For
the
USD advance, the value date is the advance date of your bank, and the interest
will be calculated fixedly based on the average USD □SIBOR/□LIBOR rate with a
term of ______
months
of Reuters in the value date adding the additional annual rate of
_____%
and
then divided by ________.
□10.2
For
the JPY advance, the value date is the advance date of your bank, and the
interest will be calculated fixedly based on the highest/average JPY
□SIBOR/□LIBOR rate with a term of ________
months
of Reuters in the value date adding the additional annual rate of
______%
and
then divided by ____________.
□10.3
For
the [□EUR □GBP □CAD □Other Currency:______
]advance, the value date is the advance date of your bank, and the interest
will
be calculated fixedly based on the average LIBOR rate of the currency with
a
term of __________
months
of Reuters in the value date adding the additional annual rate of
_____%
and
then divided by ____________.
□10.4
The
value date of the foreign currency advance is the advance date of your bank,
the
interest will be calculated fixedly based on the loan rate of that currency
published by your bank in the value date adding/decreasing a fixed additional
rate. The above-mentioned adding/decreasing fixed additional rate is agreed
as
follows: the
interest is paid according to the manner marked V in the left □, while that
marked X in the left □ is inapplicable.
□A.
USD
advance: adding/decreasing the annual rate of ______%.
□B.
JPY
advance:
adding/decreasing the annual rate of _____%.
15
□C.
EUR
advance:
adding/decreasing the annual rate of _____%.
□D.
GBP
advance:
adding/decreasing the annual rate of _____%.
□E.
CAD
advance:
adding/decreasing the annual rate of _____%.
□F.
Other
currency
advance (__________):
adding/decreasing the annual rate of ______%.
□G.
The
foreign currency
advance
other than the first three currencies and the currencies marked in item F:
adding/decreasing the annual rate of ______%.
□10.5
If
the promiser of supplemented agreement applies to transfer the
above-mentioned
advance
to the loan of other currency according to the agreement, the interest will
be
calculated based on the above-mentioned marked method of each currency on the
transfer day.
□10.6
If
the foreign currency advance is transferred to the NTD loan under the
application of promiser:
□A.
The
interest
will be
calculated based on your published □benchmark
interest rate/ □fixed
deposit interest rate index with an additional annual rate of _____%
and
paid per month. The interest will be calculated based on the new interest rate
adding the above-mentioned additional interest rate ever since the adjustment
day when your bank adjusts the benchmark interest rate/ fixed deposit interest
rate index later.
□B.
The
interest will
be
calculated fixedly based on referring interest rate with an additional annual
rate of ______%.
The
referring interest rate is the average interest rate for the issuance of
securities with an term of ____
days in
Taiwan primary market displayed on page 51328 of the screen of Moneyline
Telerate at about 11 am of the business day before each value date.
※
If
the
interest is calculated based on your basic loan rate, fixed deposit interest
rate index or benchmark interest rate adding/decreasing the annual rate
floatingly, and your basic loan rate, fixed deposit interest rate index or
benchmark interest rate is adjusted (either
rising or decreasing)before
the loan is paid off, the interest will be calculated based on the adjusted
basic loan rate, fixed deposit interest rate index or benchmark interest rate
adding/decreasing the annual rate floatingly. The promiser also agrees to be
bound after the bank publishes the content in its operating
locations.
2.5
Authorized Transfer/Withholding Agreement [Xxxx X in the □ for the applicable
item and X in the □ for the inapplicable item]:
□The
loanee should pay the derived interest, penalty, expense, principal payable,
insurance premium of guaranty, the inquiry expense of Clearing House and Joint
Credit Information Center, and authorize your bank to transfer and withhold
from
the deposit account number________
issued
in _______
branch
of your bank; this agreement is the certificate of authorization.
2.6
Others: The guarantors are altered to Xxx
Xxxx-Xx and Xxxx Xxxx-Xxx.
3.
If the
promiser does not pay the principal or interest (including
the outstanding interest and the interest in the amortization
period),
he will
lose the right of amortization and be regarded to pay off all the amount upon
the expiry day, and the deferred interest should be paid according to the
current and future regulations of your bank. For the deferred principal and
interest, the penalty (equal
to
10% of the principal and interest if the overdue period is within 6 months
and
20% of the principal and interest if the overdue period exceeds 6 months.)
will
be
calculated from the expiry day of principal and payment day of interest. Your
bank is entitled to claim all the principal and interest, penalties and lawsuit
expense based on the original loan agreement, this supplemented agreement or
the
content having obtained the implementation right.
16
4.
The
promiser agrees to pay NTD______
one-off
as the □credit condition alteration operating fee/ □account management fee/
□credit limit setting fee to your bank when signing this supplemented agreement.
The promiser hereby authorizes your bank to transfer and withhold in the deposit
account stated in article 2.5 of the □original receipt (agreement)
/
□this
supplemented agreement, and this agreement is the certificate of
authorization.
5. This
supplemented receipt
(agreement)
should
be
regarded a part of the original receipt (agreement),
and its
effectiveness is the same with the original receipt (agreement);
the
joint guarantor will undertake the joint guarantee liability.
Best
Regards
Fuhwa
Commercial Bank Co., Ltd
(The
promiser and joint guarantor of the supplemented receipt (agreement)
has
perused the contents of all above-mentioned articles, and they hereby promises
and stamp the seal.)
The
Promiser of Supplemented Receipt (Agreement):
Kid
Castle Internet Technologies Ltd
| ID Card Unique Number: 70676630 Xxxx-Xx, Xxx (sealed) | (Signature and Seal) |
Address:
0X.,
Xx.000, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
| The Joint Guarantor: Xxxx-Xx, Xxx | (Signature and Seal) |
Address:
Xx.0-0,
00
Xxxx ,Xxxx-xxx xxxxx, Xxxxxx Xxxxxxx, Xxxxxx
Xxxxxxxx, Xxxxxxxx Xxxxxx
ID
Card
Unique Number: N120214084
| The Joint Guarantor: Xxxx-Xxx, Xxxx | (Signature and Seal) |
Address:
Xx.000,
Xxxxxx X. Xx., Xxxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx (R.O.C.)
ID
Card
Unique Number: F120715848
| The Joint Guarantor: | (Signature and Seal) |
17
Address:
ID
Card
Unique Number:
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2006
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
29
December 2006
[Supplemented
Agreement (General)Version
95.08.14]
18
Fund
Appropriation Notice
The
loanee has signed a loan receipt with the amount of NTD
ten
million
only on
4 August 2005. Due to the demand of general turnover, NTD
ten
million
is
requested to be appropriated and transferred to the loanee’s account
0378-21-11589-5-0 in your bank on 4 August 2006 according to the above loan
receipt.
Best
Regards!
Fuhwa
Commercial Bank Xinzhuang Branch
Loanee:
Kid Castle Internet Technologies Ltd. Xxx-Xx Xxxx
(signature
and seal)
Address:
Tel:
August
4,
2006
Fuhwa
Commercial Bank Loan Approval Sheet
4
August
2006
|
Loanee:
Kid Castle Internet Technologies Ltd.
|
|||
|
Title
- Character
|
Short
loan - general turnover fund
|
Approval
date
|
2
August 2005
|
|
Approved
amount
|
NTD
ten million
|
Approval
term
|
5
August 2005 —— 4 August 2006
|
|
Loan
amount in this case
|
Ten
million
|
Approved
interest rate
|
Fixed
deposit interest rate index + 3.29%øthe
current annual rate is 5.51%÷
|
|
Credit
loan amount
øincluding
loan amount in this case÷
|
Ten
million
|
Due
date of this loan
|
6
monthsø4
August 2006—4 Feb 2007÷
|
|
Lending
condition
Performance
situation
|
Normal
|
||
19
|
Fuhwa
Bank
|
Loanee
Customer No: 11589
|
|
Business
Director: _______ Business Handler: ________
|
|
|
Loan
Receipt
|
Accounting
Director: ______ Accounting Handler:
______
|
1.
The loan
amount: NTD
Ten
Million .
2.
Disbursal
Term/Loan Period (referring
the following article
2.1):
2.1
From
the initial disbursal date of the loan to
7
February 2008.
2.2
From
the agreement date to________;
if the
loan is disbursed circularly, the term of each loan is
till ______
at
most.
2.3
From
the agreement date to ______;
if the
loan is disbursed circularly, the term of each loan should not exceed
□ ______
months/□______
days
at
most, the loanee should reimburse in the above-mentioned term.
3.
Calculation and Payment of Loan Interest (referring
the following article
3.2):
3.1
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of %øthe
current annual rate is %÷and
paid
per month. The interest will be calculated based on the new interest rate adding
the above-mentioned additional interest rate ever since the adjustment day
when
your bank adjusts the benchmark interest rate later.
3.2
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of 3.29
%øthe
current annual rate is less than 5.1
%÷and
paid
per month. The interest will be calculated based on the new interest rate adding
the above-mentioned additional interest rate ever since the adjustment day
when
your bank adjusts the fixed deposit interest rate index later.
3.3
The
interest will be calculated fixedly based on the average interest rate for
the
issuance of securities with an term of days
in
Taiwan primary market displayed on page 51328 of the screen of Moneyline
Telerate at about 11 am of the business day before each disbursal date adding
____%
and
then divided by _____
and paid
per month. It will be adjusted once regularly according to the above-mentioned
interest calculation method on the next day of each ____
days
later.
3.4
The
interest will be calculated fixedly based on the average interest rate for
the
issuance of securities with an same term with the loan term in Taiwan primary
market displayed on page 51328 of the screen of Moneyline Telerate at about
11
am of the business day before each disbursal date (hereinafter
the referring interest rate) adding
____%
and
then divided by _____ and
paid
per
month. If there is not the referring interest rate of the same term with each
loan term on the above-mentioned page, the interest rate of the term closest
to
the loan term will be referred (for
example, if the loan term is 45 days, the referring interest rate with a term
of
60 days will be referred).
3.5
The
interest is calculated based on an annual rate of ____%
and
paid per month ever since the loan date; the interest rate is fixed and won’t
change any more.
20
3.6
The
interest is calculated based on your published benchmark interest rate with
an
additional annual rate of %øthe
current annual rate is _____%)
from ____
to
____;
the
interest will be calculated based on your published benchmark interest rate
with
an additional annual rate of ____%
from _____
to
_____,
and it
will be recalculated based on the new interest rate adding the above-mentioned
additional interest rate ever since the adjustment day when your bank adjusts
the benchmark interest rate during the above-mentioned period.
3.7
The
interest is calculated based on your published fixed deposit interest rate
index
with an additional annual rate of %øthe
current annual rate is _____%)
from _____
to
_____;
the
interest will be calculated based on your published fixed deposit interest
rate
index with an additional annual rate of ____%
from _______
to
______,
and it
will be recalculated based on the new interest rate adding the above-mentioned
additional interest rate ever since the adjustment day when your bank adjusts
the fixed deposit interest rate index during the above-mentioned
period.
3.8
Others: ___________________________________________.
4.
Calculation and Payment Standard of Penalty: If the loanee is deferred to pay
the principal or interest, the deferred interest should be paid based on the
agreed interest rate, and the penalty should be paid based on 10% of the
principal and the agreed interest if the overdue period is within 6 months
and
20% of the principal and interest if the overdue period exceeds 6 months from
the expiry day of principal and payment day of interest.
5.
Fund
Appropriation Mode (referring
the following article
5.1):
5.1
The
loanee should issue the Fund Appropriation
Application and ask your bank to disburse the loan one-off or by stages when
disbursing the loan
.
5.2
The
loanee agrees to transfer all the loan amount to the deposit account
number_______
issued
in branch
of
your bank at the loan appropriation date.
5.3
The
loanee agrees to reimburse the debt of loanee due
on ___________
with all
the loan amount; if this loan debt dose not perform, the above-mentioned former
debt will not be eliminated, either.
5.4
This
loan amount is to reimburse the debt due to the loanee commissioning your bank
to issue the domestic sight/future LC.
5.5
Others
6.
Repayment Mode (referring
the following article
6.2):
6.1
The
loanee should repay the principal of loan one-off or by stages before the expiry
of loan term.
6.2
The
loanee should repay the principal of loan by 12
stages
with 1
month as
a stage since the loan date.
6.3
The
monthly payment should be calculated according to the annuity method with
1
month as
a stage since the loan date, and the principal and interest should be amortized
averagely per month.
6.4
The
interest rather than the principal is paid from the first year to
the _______
year,
and the principal of loan will be paid off by
stages
with
month as
a stage since the _______
year.
6.5
The
interest rather than the principal is paid from the first year to
the _______
year;
the
monthly payment should be calculated according to the annuity method from
the
year,
and the principal
and interest will be paid per month.
21
6.6
Others
7.
The
loanee should pay the derived interest, penalty, expense, principal payable,
insurance premium of guaranty, the inquiry expense of Clearing House and Joint
Credit Information Center, and authorize your bank to transfer and withhold
from
the deposit account number__________ issued
in branch
of
your bank; this agreement is the certificate of authorization.
8.
Special
Proceedings
8.1
The
joint guarantors will undertake the joint liability with the loanee for this
loan debt, i.e. the liability to compensate solely and completely, and they
will
give up the right of plea for preference claims stated in article 745 of Civil
Law.
8.2
If
the loanee breaches the agreement, and your bank claims the right to regard
all
the debt expired according to the agreement, you bank is entitled to discharge
the deposits of loanee and joint guarantors in your bank or creditor's rights
to
your bank in advance and use the fund from the discharge in advance to
countervail all the debts to your bank.
The
check
deposit business between the loanee/joint guarantors and your bank can be
settled and cancelled at any moment by each party, so that your bank is entitled
to settle and cancel the check deposit and claim the countervailing according
to
the above-mentioned agreement if the above-mentioned debt is regarded to be
expired.
The
meaning representation of above-mentioned scheduled countervailing by your
bank
will become effective since the countervailing is finished and account is
recorded without any further notice. The deposit certificate, deposit book
or
other voucher issued by your bank to the loanee and joint guarantors will become
ineffective in the countervailing scope.
8.3
The
loanee and joint guarantors should countervail the debt in order of each
expense, penalty, interest, deferred interest and principal when reimbursing
the
debt one-off or by stages. If there are numerous debts, and the countervailed
debt is not specified in the reimbursement, the order in article 322 of Civil
Law will be referred.
8.4
The
performing place of this loan is location of your bank. If the lawsuit is
involved because the loanee and the joint guarantors do not perform this
agreement, the loanee and the joint guarantors agree that the lawsuit where
your
bank is located or Taiwan ________
district
is the first trail lawsuit, while the application of small-claims court stated
in article 47 of Consumer Protection Law and article 436 of Civil Law is not
exempted.
8.5
The
joint guarantors agree that the addresses on this receipt are the location
where
the relevant documents are delivered when associating with your bank; if the
addresses of joint guarantors are altered, your bank will be informed in written
immediately. The both parties agree that the relevant documents should be
delivered to the altered address; if your bank is not informed, the relevant
documents will be regarded as having been delivered to the joint guarantors
with
the general mailing period after your bank has delivered the relevant documents
to the aftermost listed addresses of joint guarantors (or
the
latest address being informed to your bank).
22
8.6
The
loanee and joint guarantors agree that your bank is entitled to transfer, impawn
or entrust part or whole creditor’s right, each right claimed based on this
receipt (including
interest claim right and loan reimbursement claim right) together
with each mortgage right and insurance interest to the third party at any
moment, while your bank or the transferee should inform the loanee and the
joint
guarantors. If the mortgage right alteration registration or the insurance
beneficiary alteration should be transacted due to the transfer of creditor’s
right, the loanee and joint guarantors should cooperate in the transaction
without any demurral once informed by your bank. If the purpose of the
creditor’s right transfer of your bank is the financial asset securitization or
the object of creditor’s right transfer is the assets management company, the
above-mentioned notice should be replaced by the bulletin.
8.7
The
loanee and joint guarantors understand and agree that your bank entrusts the
dun
of creditor’s right receivable to others due to the demand of
business.
8.8
The
collection, computer disposal, international transfer and mutual utilization
of
individual data
The
loanee and joint guarantors understand and agree that your bank, Joint
Credit Information Center, Small and Medium Enterprise Credit Guarantee Fund,
Clearing House, Financial Information Service Co., Ltd and other organizations
specified by the superior authority of your bank and the associating financial
institutions can collect, dispose with computer, internationally transfer and
mutually utilize
the data of loanee and joint guarantors due to the purpose of operating or
in
the legally permitted scope, your bank is entitled to provide it to the
entrusted people who dispose the relevant affairs or the legal
cooperator.
The
conservation term of above-mentioned data is 5 years upon the expiry of the
rights and obligations of loanee, joint guarantors and your bank, while the
basic data, transaction history data, outstanding debt data should be conserved
by your bank perpetually. If the loanee and joint guarantors find there is
any
error or dispute in the above-mentioned data, they will attach the relevant
certificate document and send it to your bank to transact the modification
or
dispute annotation.
8.9
The
loanee agrees to pay
NTD________
one-off
as the □account management fee/ □credit limit setting fee to your bank when
□disbursing
the loan in the first time
/
□signing this supplemented agreement. The promiser hereby authorizes your bank
to transfer and withhold in the deposit account stated in article 7 of this
loan
receipt, and this agreement is the certificate of authorization.
9.
The
loanee and joint guarantors should abide by each term of this receipt as well
as
the terms listed in other relevant agreement issued to your bank.
10.
Separate Discussion Term
Best
Regards!
Fuhwa
Commercial Bank Co., Ltd
(The
promiser has perused the contents of all above-mentioned articles, and hereby
promises and stamp the seal.)
23
The
Loanee:
Kid
Castle Internet Technologies Ltd
| ID Card Unique Number: 70676630 |
(Signature
and Seal)
|
Address:
0X, 000 Xxxxx-xxx Xxxx, Xxxxxxx Xxxx, Xxxxxx Xxxxxx
|
The
Joint Guarantor:
Xxxx-Xx,
Xxx
|
(Signature
and Seal)
|
Address:
Xx.0-0,
00
Xxxx ,Xxxx-xxx xxxxx, Xxxxxx Xxxxxxx, Xxxxxx
Xxxxxxxx, Xxxxxxxx Xxxxxx
ID
Card
Unique Number: N120214084
|
The
Joint Guarantor: Xxxx-Xxx, Xxxx
|
(Signature
and Seal)
|
Address:
Xx.000,
Xxxxxx X. Xx., Xxxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx (R.O.C.)
ID
Card
Unique Number: F120715848
|
The
Joint Guarantor:
|
(Signature
and Seal)
|
Address:
ID
Card
Unique Number:
|
The
Joint Guarantor:
|
(Signature
and Seal)
|
Address:
ID
Card
Unique Number:
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
2
February 2007
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
2
February 2007
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
2
February 2007
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
2
February 2007
[Loan
ReceiptøSpecial
for General Loan÷Version
95.07.16]
Fuhwa
Bank
24
Fuhwa
Commercial Bank Co., Ltd Loan Approval Notice
1.
You has
applied to renew the loan of NTD
Ten
Million,
alter
the principal and guarantor B to this bank on 19 December 2006, and it is
approved as follows:
1.1
Loan
Amount: NTD Ten Million, ■Circular Disbursal □Non-circular
Disbursal
1.2
Term:
1 Year
1.3
Principal and Interest Reimbursement Mode: The interest is calculated and paid
per month, and the principal is amortized by 12 states with 1 month as a stage;
NTD420 thousand should be amortized per stage, the balance will be paid off
at
the expiry day, and the promissory note compensation for the reimbursement
will
be levied.
1.4
Disbursal Condition and Term: The term of each loan should not exceed 6
months.
1.5
Guarantee Mode: The deposit receipt of 20% disbursed balance issued by this
bank
should be impawned or the equivalent current deposit should be deposited in
the
special account for compensation provision or the beneficial voucher with a
value of 20% disbursed balance confirmed by this bank should be impawned in
this
bank; if the beneficial voucher with a value of 20% disbursed balance confirmed
by this bank is impawned, and its net value is depreciated by over 10%, the
loanee should supplement the guaranty or reimburse the deficient part of loan;
the promissory note equal to 30% of the credit balance should be controlled
in
the special account for compensation provision, the amount of promissory note
will not be used to reimburse this loan temporarily after entering into the
account, and the amount of promissory note can be returned to use after the
note
is complemented; you should raise the money to reimburse the loan upon the
expiry.
1.6
Interest Rate/Handling Charge: It is calculated floatingly based on the fixed
deposit interest rate index with an additional annual rate of 3.29
%
(the
current annual rate is 5.51%).
1.7
Joint
Guarantors: The joint guarantors of all your loans are altered to Xxx Xxxx-Xx
and Xxxx Xxxx-Xxx.
1.8
Other
Conditions: The mortgage right of the guaranty provided by you can not be
cancelled before each of your loan or guarantee liability to this bank is
reimbursed or removed.
2.
Annotated Conditions: The relevant procedures of this credit should be
transacted well and the credit should be disbursed within 2 months upon the
approval date (or
the
date this notice is issued),
or this
credit will be regarded as being abandoned, and this case will be written off
automatically.
Best
Regard!
Kid
Castle Internet Technologies Ltd
Fuhwa
Commercial Bank Co., Ltd
Loan
Approval Notice
25
GUARANTEE
The
joint
guarantors (hereinafter
the “guarantors”) guarantee
to Fuhwa Commercial Bank Co., Ltd (Fuhwa
Bank for short, hereinafter “your bank”) that
they
will jointly undertake all the reimbursement liabilities together with the
main
oanee for the current (including
those have occurred but not reimbursed) and
future bills, loans, advances, guarantees, overdrafts, derived financial
commodity transactions and other relevant debts of Kid
Castle Internet Technologies Ltd (hereinafter
the “main
loanee”)
to
your
bank (including
the HQ and the branches),
including the interest, deferred interest, penalty, damage compensation and
all
expenses to perform the above-mentioned debts within a limit of NTD
Fifty-Three Million (if
the
debt is the foreign currency debt, the guarantee amount will be converted to
NTD
according to the sale exchange rate of bank in the disbursal day or debt day,
and the NTD will be converted to the foreign currency according to the sale
exchange rate of bank when reimbursing the debt).
If the
main loanee does not perform the debt at term (including
being regarded to be mature due to the forfeiture of term interest),
the
guarantors should reimburse the debt immediately once being informed. The
guarantors declare solemnly that the following articles are deliberate and
they
would like to abide sincerely:
1.
If the
main loanee breaches the agreement when performing the debt, your bank is
entitled to claim for compensation to the guarantors without xxxxxxx the main
loanee or claiming for the judgment or performing compulsively or being
compensated from the guaranty disposal in advance; in other word, the guarantors
would like to give
up
the right of plea for preference claims stated in article 745 of Civil
Law.
2.
If the
main loanee breaches the agreement, and
your
bank claims the right to regard all the debt expired according to the agreement,
you bank is entitled to discharge the deposits of main loanee and guarantors
in
your bank or all creditor's rights to your bank in advance and use the fund
from
the discharge in advance to countervail all the debts to your bank.
The
check
deposit business between the loanee/joint guarantors and your bank can be
settled and cancelled at any moment by each party, so that your bank is entitled
to settle and cancel the check deposit and claim the countervailing according
to
the above-mentioned agreement if the above-mentioned debt is regarded to be
expired.
The
meaning representation of above-mentioned scheduled countervailing by your
bank
will become effective since the countervailing is finished and account is
recorded without any further notice. The deposit certificate, deposit book
or
other voucher issued by your bank to the main loanee and guarantors will become
ineffective in the countervailing scope.
3.
The
performing place of this loan guarantee is the location of your bank. If the
lawsuit is involved because the guarantors do not perform this agreement, they
agree that the lawsuit where your bank is located or Taiwan Ban-Qiao
District
Court is the first trail lawsuit, while the application of small-claims court
stated in article 47 of Consumer Protection Law and article 436 of Civil Law
is
not exempted.
4.
The
liability of guarantors will not be influenced due to the death, dismiss,
organization alteration, merger, reconstruction, director or supervisor
alteration, bankruptcy declaration or pacification of the main
loanee.
26
5.
The
guarantors agree that the addresses on this guarantee are the location where
the
relevant documents are delivered when associating with your bank; if the
addresses of guarantors are altered, your bank will be informed in written
immediately. The both parties agree that the relevant documents should be
delivered to the altered address; if your bank is not informed, the relevant
documents will be regarded as having been delivered to the guarantors with
the
general mailing period after your bank has delivered the relevant documents
to
the aftermost listed addresses of guarantors (or
the
latest address being informed to your bank).
6.
The
term of this guarantee is not confirmed, while the guarantors is entitled to
inform your bank to terminate the guarantee agreement in written at any moment,
and the guarantors need not undertake any guarantee liability for the debts
of
main loanee that occur in 5 working days after the written notice arrives at
your bank.
7.
If
there are any unstated affairs except for each stipulation of the credit
agreement and attached agreements between the main loanee, guarantors and your
bank, the guarantors and your bank should negotiate separately.
8.
The
collection, computer disposal, international transfer and mutual utilization
of
individual data The
guarantors understand and agree that your bank, Joint
Credit Information Center, Small and Medium Enterprise Credit Guarantee Fund,
Clearing House, Financial Information Service Co., Ltd and other organizations
specified by the superior authority of your bank and the associating financial
institutions can collect, dispose with computer, internationally transfer and
mutually utilize
the data of loanee and joint guarantors due to the purpose of operating or
in
the legally permitted scope, your bank is entitled to provide it to the
entrusted people who dispose the relevant affairs or the legal
cooperator.
The
conservation term of above-mentioned data is 5 years upon the expiry of the
rights and obligations of the guarantors and your bank, while the basic data,
transaction history data, outstanding debt data should be conserved by your
bank
perpetually. If the guarantors find there is any error or dispute in the
above-mentioned data, they will attach the relevant certificate document and
send it to your bank to transact the modification or dispute
annotation.
9.
Separate Discussion Term: .
Best
Regards!
Fuhwa
Commercial Bank Co., Ltd
(The
promiser has perused the contents of all above-mentioned articles, and hereby
promises and stamp the seal.)
|
The
Joint Guarantor: Bai
Song-Yi
|
(Signature
and Seal)
|
Address:
0-0, 00 Xxxx-xxx Xxxx, Xxxxxx Xxxxxxx, Xxxxxx Xxxxxxxx, Xxxxxxxx
Xxxxxx
ID
Card
Unique Number: N120214084
27
|
The
Joint Guarantor:
Xxxx Xxxx-Xxx
|
(Signature
and Seal)
|
Address:
X000, Xxxxxx
Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Xxxxxx Xxxxxx
ID
Card
Unique Number: F120715848
|
The
Joint Guarantor:
|
(Signature
and Seal)
|
Address:
ID
Card
Unique Number:
| The Joint Guarantor: |
(Signature
and Seal)
|
Address:
ID
Card
Unique Number:
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2007
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2007
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
|
Sealed
|
29
December 2007
|
8F.,
Xx.00, Xxxxxxx Xx., Xxxxxxx Xxxx, Xxxxxx Xxxxxx 000, Xxxxxx
(R.O.C.)
|
|
Checker
|
Check
Date
|
Check
Address
|
29
December 2007
28
Agreement
(special
for corporation)
The
promiser of the agreement (hereinafter
the “promiser”) and
Fuhwa
Commercial Bank Co Ltd. (Fuhwa
Bank in short, hereinafter “your bank”) agree
that the following terms and conditions will be performed when the promiser
associates with your bank:)
Article
1: Agreement Character and Debt Scope
This
agreement is the general clauses to supplement each credit
agreement.
All
debts
specified in this agreement mean all bills, loans, advances, guarantees,
overdrafts and other relevant debts held responsible by Promiser to Your Bank,
including interest, delayed interest, default fine, damages and all expenses
necessary for the performance of above debts.
Article
2: Interest Calculation:
Interest
will be imposed to all debts held responsible by promiser to your bank in
accordance with the interest rate stated on each credit agreement held by your
bank. The calculation of the above interest shall be carried out through
following methods unless otherwise specified in terms of separate credit
agreement:
2.1
The
credit in NTD: For short loans, the interest calculation is based on 365 days
for a year, for medium and long loans the interest is calculated on the basis
of
month with regard to the part exceeding (including)
one
month
and on the basis of day with regard to the part less than one month. The
calculation is based on a year with 365 days.
2.
The
loan in foreign currency: the interest is calculated on the day basis regardless
of currency; for the credit in GBP, HKD, Singapore Dollar, Thai Baht and South
African Rand, the calculation is based on a year with 365 days, and for other
currencies, based on a year with 360 days.
Article
3: Countervailing Stipulation
If
the
loanee breaches the agreement, and your bank claims the right to regard all
the
debt expired according to the agreement, you bank is entitled to discharge
the
deposits of loanee and joint guarantors in your bank or creditor's rights to
your bank in advance and use the fund from the discharge in advance to
countervail all the debts to your bank.
The
check
deposit business between the loanee and your bank can be settled and cancelled
at any moment by each party, so that your bank is entitled to settle and cancel
the check deposit and claim the countervailing according to the above-mentioned
agreement if the above-mentioned debt is regarded to be expired.
The
meaning representation of above-mentioned scheduled countervailing by your
bank
will become effective since the countervailing is finished and account is
recorded without any further notice. The deposit certificate, deposit book
or
other voucher issued by your bank to the loanee will become ineffective in
the
countervailing scope.
Article
4: Countervailing
Order
The
loanee should countervail the debt in order of each expense, penalty, interest,
deferred interest and principal when reimbursing the debt one-off or by stages.
If there are numerous debts, and the countervailed debt is not specified in
the
reimbursement, the order in article 322 of Civil Law will be
referred.
29
Article
5: Notice of Promiser’s Alteration
If
there
is any alteration of name, organization, content in articles of association,
seal, representative, authority scope of representative, address and rights
and
interests related to your bank, the promiser shall inform your bank of the
same
without any delay, and properly handle procedures including alteration,
cancellation or retention of stamps. The promiser is liable for any dispute
or
damage to promiser or your bank caused by failure to give such
notice.
Article
6: Invalidation of Period Benefits
In
any
one of the following circumstances, your bank can reduce the credit limit of
promiser or shorten the loan term, or regard all debts to be due. However,
your
bank can exercise the acceleration clause according to articles 6.9, and notify
or remind promiser in the manner specified in article 12 of this agreement
within a reasonable period.
6.1
Stopping or delaying the performance of all or partial liability capital or
refusing the acceptance of payment.
6.2
Stopping operation or by law applying for reconciliation, bankruptcy
declaration, company reconstruction or refusing the association declared by
Clearing House or liquidating debts.
6.3
Providing no guarantee although having such obligation of providing such
guarantee according to the agreement.
|
6.4
|
Promiser
dies or any one of his heirs states limited heritage or abandons
heritage.
|
|
6.5
|
Major
property is declared to be confiscated due to criminal affairs.
|
|
6.6
|
Interest
from any one liability is not paid in accordance with the agreement.
|
6.7
Guaranty is sealed up or lost or its value is reduced or cannot afford the
guarantee of creditor’s rights.
6.8
for
any liability held responsible by the promiser to your bank, its actual capital
purpose is not consistent with that approved by your bank.
6.9
your
bank cannot be compensated because of compulsory execution, false detention,
false disposal or other preservation disposal.
Article
7: Undertaking of the Risk Arising from Damage, Loss, Falsification or
Alteration of Bills or Receipts:
In
case
of loss, missing or damage of credit deeds of all debts for which the promiser
holds responsible to your bank, the promiser shall replenish according to the
intention of your bank, or perform the debts pursuant to the amount carried
on
the photocopy, epitome, subpoena and computerized bill of the document retained
by your bank.
Article
8: Return or Exchange of Guaranty
Any
person holding written evidence provided by the promiser or guaranty provider
or
letter signed by the promiser, who comes to your bank to request the return
or
exchange of the guaranty, shall be deemed by your bank as the agent of the
promiser, and permitted the return or exchange.
30
Article
9: Rights to Examine and Supervise Materials and Financial Affairs Provided
by
Promiser
The
promiser is willing to from time to time accept your bank’s supervision of
credit extension purpose, audit of business finance, examination and monitoring
of guaranty and consultation of relevant books, reports (including
consolidated financial statements of associated enterprises),
bills
and documents. When necessary, your bank may require the promiser to fill in
and
deliver the above credit materials regularly or to provide accounting financial
reports signed by the accountant approved by your bank, and ask the accountant
to provide working manuscripts.
The
promiser is willing to from time to time accept the Joint Credit Information
Center’søhereinafter
the “Joint Credit Center”÷consultation
of relevant books, reports, bills and documents. When necessary, the Joint
Credit Center may require the promiser to fill in and deliver the above credit
materials regularly or to provide accounting financial reports signed by the
accountant approved by it, and ask the accountant to provide working
manuscripts, but the Joint Credit Center has no obligation to consult
them.
Article
10: The Collection, Computer Disposal, International Transfer and Mutual
Utilization of Individual Data
The
promiser understands and agrees that your bank, Joint
Credit Information Center, Small and Medium Enterprise Credit Guarantee Fund,
Clearing House, Financial Information Service Co., Ltd and other organizations
specified by the superior authority of your bank and the associating financial
institutions can collect, dispose with computer, internationally transfer and
mutually utilize
the data of loanee due to the purpose of operating or in the legally permitted
scope, your bank is entitled to provide it to the entrusted people who dispose
the relevant affairs or the legal cooperator.
The
conservation term of above-mentioned data is 5 years upon the expiry of the
rights and obligations of the loanee and your bank, while the basic data,
transaction history data, outstanding debt data should be conserved by your
bank
perpetually. If the loanee finds there is any error or dispute in the
above-mentioned data, it will attach the relevant certificate document and
send
it to your bank to transact the modification or dispute annotation.
Article
11: Performing Place and Governing Court:
The
performing place of all debts to your bank is the location of your bank. If
the
lawsuit is involved because the loanee does not perform this agreement, it
agrees that the lawsuit where your bank is located or Taiwan Ban-Qiao
District
Court is the first trail lawsuit, while the application of small-claims court
stated in article 47 of Consumer Protection Law and article 436 of Civil Law
is
not exempted.
Article
12: Documents Delivery
The
loanee agrees that the address on this receipt is the location where the
relevant documents are delivered when associating with your bank; if the
addresses of loanee is altered, your bank will be informed in written
immediately. The both parties agree that the relevant documents should be
delivered to the altered address; if your bank is not informed, the relevant
documents will be regarded as having been delivered to the loanee with the
general mailing period after your bank has delivered the relevant documents
to
the aftermost listed address of loanee (or
the
latest address being informed to your bank).
31
Article
13: Signature and Seal
This
agreement must be signed and sealed by both parties simultaneously. Thereafter,
unless otherwise specified, any of the signature or seal is effective.
Article
14: Governing Law
For
various relations between the promiser as a foreigner or foreign corporation
and
your bank, the key elements, manners and effectiveness for their legal actions
shall be governed by the law of R.O.C.
Article
15: Notice of Entrusted Dun
The
loanee understands and agrees that your bank entrusts the dun of creditor’s
right receivable to others due to the demand of business.
Article
16: Unstated Affair
If
there
are any unstated affairs except for each stipulation of the credit agreement
and
attached agreements between the loanee and your bank, the loanee and your bank
should negotiate separately.
Article
17: Other Agreed Affair
If
your
bank is unable to perform the obligations of credit taken not due to the reason
of your bank before the agreed credit limitøfund÷is
not
wholly or partially drawn, the promiser agrees that the part not drawn is deemed
to be revoked or terminated, and your bank is not responsible for any liability.
The above cases not arising from the reason of your bank includes currency
control imposed by the government of R.O.C, limitation and change to the capital
market and promulgation and revision of decrees.
Article
18: Separate Discussion Term
18.1
If,
during the credit dealing between the promiser and your bank, the materials
stated or provided by the promiser contains false or unauthentic contents;
or
matters violate the agreement or promise or the money deposited in your bank
has
been detained or requested to be frozen by others legally, your bank can,
without prior notice, reduce the credit limit to the promiser or shorten the
loan term, or regard all debts to be due.
18.2
If
the promiser experiences financial deterioration or other operational crisis,
which has been recognized by your bank to have influence on solvency of the
promiser, your bank shall reduce the credit limit to the promiser or shorten
the
loan term, or regard all debts to be due after notifying or reminding the
promiser.
18.3
If
the money borrowed during the credit dealing between the promiser and your
bank
flows to the Mainland or is used by the credit objects of your bank listed
in
article 32 and article 33.2 of Bank Law, or transferred to the interested
parties described above, your bank can, without prior notice, reduce the credit
limit to the promiser or shorten the loan term, or regard all debts to be due.
18.4
The
promiser agrees to request the entrusted audit certified account to submit
the
audit report copy of the financial statement to the Joint Credit Information
Center.
32
18.5
Others
Best
Regards!
Fuhwa
Commercial Bank Co., Ltd
(The
promiser has perused the contents of all above-mentioned articles, and hereby
promises and stamp the seal.)
The
Loanee:
Kid
Castle Internet Technologies Ltd Sung-Yi,
Bai
Unique
Number of Profitable Enterprise/ID Card: 70676630 (Signature
and Seal)
Address:
0X, 000 Xxxxx-xxx Xxxx, Xxxxxxx Xxxx, Xxxxxx Xxxxxx
29
December 2007
33
