Shanghai Pudong Development Bank Loan Contract of Fixed Asset
 |
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
Loan
Contract of Fixed Asset
No.:72012010280091
Borrower:
Jingbian Xi’an Xilan Liquefied Natural Gas Co., Ltd.
Lender:
Xi’an Branch Shanghai Pudong Development Bank
Whereas,
The
borrower puts forward the loan application to the lender due to the needs of
fixed asset investment (see the Part I of the Agreement for details); and the
lender agrees to release the loan in accordance with the terms and conditions of
the contract through investigation. In order to define the rights and
obligations of the two Parties, the Contract shall be made through the consensus
in accordance with the Contract Law of the People’s Republic of China and the
regulations of relevant laws and rules.
Part I
Commercial Terms·
|
1.
|
The
project supported by the loan under the contract shall be the Comprehensive
Utilization Project of Jingbian Xi’an Xilan Liquefied Natural Gas Co.,
Ltd. (complete in the place with cross, if unnecessary to fill in,
please delete by drawing an oblique line, below as the
same).
|
|
2.
|
The
loan amount under the contract shall be RMB (currency)
one hundred and twenty million yuan only (in
words).
|
|
3.
|
The
specific use purpose of the loan under the contract is as the construction
expenditure of the comprehensive utilization project of liquefied natural
gas.
|
|
4.
|
The
loan term under the contract is / year(s) (or
58
months) from the date of initial draft date. The practical draft date and
the repayment date shall be subject to the dates recorded in the IOU (loan
certificate) made by and between the two Parties. The last repayment date
shall no exceed the loan term stated in the contract. IOU (loan
certificate) is the integral part of the
contract.
|
|
5.
|
The
loan rate under the contract shall be (select one in the followings by
√)
|
|
o
|
(1)
RMB exchange rate (select one in the followings by
√)
|
1
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
þ calculate by the
annual rate (□up □down) announced by the People’s Bank at the same time with the
same scale, namely, the annual rate at the time signing the contract of
5.76%.
|
o
|
Other
terms: /
|
x (2) Interest rate
of foreign currency (select one in the followings by √)
x Calculate by the
benchmark interest of / month(s) of London
Inter-bank Offered Rate of the lender plus / (namely
LIBOR+). LIBOR means the arithmetic average (the latest four digits after the
decimal point) of quoted relevant rate shown in the relevant page (if any) of
the Reuters screen. The above interest rate is the quoted interest against the
US dollars deposit with same interest term as that of the relevant loan in the
11:00 a.m. (London time) of confirmed date of relevant interest.
x Other
terms: /
þ (3) Method of Loan
Interest Expiration (select one in the followings by √)
x By month, the
twentieth day (20) of each month as the interest expiration date;
þ By
quarter, the twentieth day (20) of the last month of each quarter as the
interest expiration date;
x Other ways: /
If
installment payment, the last repayment is complying with the principle of
interest clear with the principal
þ(4) The adjustment way
of loan interest of RMB under the contract:
Before
the loan release, if the People’s Bank of China adjusting the benchmark interest
rate of loan, the benchmark interest rate when the loan release is applicable to
that of the same-time and same-scale of People’s Bank of China at the date of
loan release; if the People’s Bank of China adjusts the benchmark interest rate
after the loan release under the contract, it will ((select one in the
followings by √)
x Adjust the interest rate by month, at the 21st of each
month from the interest adjustment date;
x Adjust the interest rate by quarter, at the 21st of the
last month of each quarter from the interest adjustment date;
x Adjust the interest rate by year, at / (day) /
(month) / (year)
from the interest adjustment date;
þ Other regulations:
adjust the interest
rate by year, at 1st (day) January (month) from the interest adjustment
date;
x (5) The adjustment
way of loan interest of foreign currency under the contract (select one in the
followings by √):
x Since the date of
loan release, adjust the interest rate according to latest foreign currency rate
in every / month(s).
x Other terms: /
6.The
interest penalty under the contract:
(1) The
overdue interest penalty of the contract shall be the loan interest plus
50%.
2
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
(2)The
interest penalty for using the loan failing to comply with the contract shall be
the loan rate of the embezzling day plus 100%.
|
7.
|
The
draft term of the loan under the contract is from 1st March 2010 to 30th
June 2010.
|
|
8.
|
The
draft plan of the loan under the contract shall be as follows(select one
in the followings by √):
|
x See the draft plan
in the below table:
|
S/N
|
Draft
term
|
Draft
amount
|
|
1
|
day
month year
|
(in
words)
|
|
2
|
day
month year
|
(in
words)
|
|
3
|
day
month year
|
(in
words)
|
|
4
|
day
month year
|
(in
words)
|
|
5
day month year
|
(in
words)
|
þ Other provisions
of loan draft plan: draft in accordance with the practical expenditure status of
the comprehensive utilization project of natural gas.
|
9.
|
The
repayment plan of the loan under the contract shall be as follows (select
one in the followings by √):
|
x See the repayment
plan in the below table:
|
S/N
|
Draft
term
|
Draft
amount
|
|
1
|
day
month year
|
(in
words)
|
|
2
|
day
month year
|
(in
words)
|
|
3
|
day
month year
|
(in
words)
|
|
4
|
day
month year
|
(in
words)
|
|
5
day month year
|
(in
words)
|
þ Other provisions
of loan draft plan: repay year by year from 2011 to 2014, the specific repayment
day and the repayment amount shall be subject to the record of IOU, and the last
repayment day shall not exceed 5th
December 2014.
|
10.
|
The
commitment fee shall be / %
of the indrawn amount.
|
|
11.
|
The
liquidated damages for the repayment in advance shall be / %
of practical repayment amount in
advance.
|
|
12.
|
The
principal amount of repayment in advance shall be no less than RMB (currency)
ten
million yuan only (in
words).
|
|
13.
|
The
borrower shall guaranty the ownership of the self-raised funds over 67% of
the total project investment which has been in place with full value; the
ownership rights of the legal person of the newly-built project enterprise
shall be less than _
/ % of the total investment needed by the project. If
the laws and the rules are of the other requirements for the specific
project, the requirement shall
prevail.
|
3
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
14.
|
If
the loan under the contract is used for the land reserves and development,
the ratio of the self-raised of the borrower under the contract shall be
accounting up / %
of land development cost. The land development cost under the contract
refers to:
|
|
(1)
|
Compensation
fee for land acquisition and removal and relevant
tax;
|
|
(2)
|
Relevant
fee occurred in the process of acquisition, recover and
exchange;
|
|
(3)
|
Relevant
fee for the municipal infrastructure
construction;
|
|
(4)
|
Relevant
fee occurred during the invitation for biding, auction, and listed
trade;
|
|
(5)
|
Loan
interest;
|
|
(6)
|
Fees
for audit, layer, engineering supervision during the development and
supply of land reserves, contingency and the other expenditures approved
by the same-level financial and land supervising
department;
|
|
(7)
|
Other
fees: /
|
|
15.
|
If
the loan under the contract is used for the land reserves development, the
condition of the proposed reserved land under the contract shall be .
|
|
16.
|
The
special account of the fixed asset loan opened up the borrower in the
place of the lender:
|
Bank:
Xi’an Branch Shanghai Pudong Development Bank
Account
name: Jingbian Xi’an Xilan Natural Gas Co., Ltd.
Account
no.: 72010157870000021
General
settlement account opened up by the borrower in the place of the
lender:
Bank:
Xi’an Branch Shanghai Pudong Development Bank
Account
name: Jingbian Xi’an Xilan Natural Gas Co., Ltd.
Account
no.: 72040128000020748
|
17.
|
If
the single amount in the special account of the fixed asset loan (currency
amount) is more than RMB 5 million yuan only, the loan repayment method
shall be commissioned payment by the
lender.
|
|
18.
|
The
borrower agrees to pay the supervision fee (currency and amount) of / to
the lender.
|
The
payment way: /
|
19.
|
The
guarantor agreed by the borrower to provide the guaranty for the loan
under the contract and the guaranty contract
include:
|
þ Guarantor:
Jingbian Xi’an Xilan Natural Gas Co., Ltd.;
No. of
Guaranty Contract: YB7201201028009101
þ Mortgagor:
Jingbian Xi’an Xilan Natural Gas Co., Ltd.;
No. of
Mortgage Contract: YB7201201028009101, YB7201201028009102
x Pledgor: /
No.
of Pledge Contract: /
Guarantor:
Xx Xxxxx
No. of
Guaranty Contract: YB7201201028009102
Mortgage:
Jingbian Xi’an Xilan Natural Gas Co., Ltd.
No. of
Mortgage Contract: YB7201201028009103; YB7201201028009104
4
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
20.
|
Default
treatment:
|
Liquidated
damages: equal to ten percentage (in words) of the loan principal or
|
21.
|
The
annexes of the contract include:
|
(1) /
(2) /
(3) /
(4) /
(5) /
|
22.
|
The
other items agreed by and between the two
Parties:
|
|
(1)
|
After
the project commission, if the borrower does not sign the gas supply
contract with China National Petroleum Corporation (CNPC), the borrower
needs to return the loan principal and interest to Xi’an Branch Shanghai
Pudong Development Bank in advance;
|
|
(2)
|
If
the project expenditure exceeds the investment, the borrower shall make
self-raised funds;
|
|
(3)
|
The
borrower shall not take the profit sharing before repay the year loan to
Xi’an Branch Shanghai Pudong Development
Bank;
|
|
(4)
|
The
lender shall take Xi’an Branch Shanghai Pudong Development Bank as the
solely settlement bank.
|
|
23.
|
The
contract shall be in nonuplicate, wherein one copy for the borrower, two
copies for the lender and six copies for the mortgage and notary
authority. Each of copies is of the same legal
force.
|
Part II
General Provisions
Article 1
Loan
The
borrower shall irrevocably agree and confirm the loan withdrawal under the
contract shall be subject to the solely direction of the lender at any time; the
loan shall be taken the regular or irregular inspection at the date decided by
the lender to decide whether to continue releasing the loan to the borrower in
any form; in spite of the other regulations in the contract or the other
documents, the lender has the rights to require the borrower to immediately
repay all the loan at any time, in addition, the lender also has the rights to
terminate or pause all or partial loans at once and cancel the further use right
of the borrower for the loan under the condition of unnecessary to notify the
borrower in advance.
Article 2
Loan Interest and Interest Accrual Way
5
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
|
1.
|
Unless
otherwise specified, the loan interest under the contract shall be
calculated and collected by the practical withdrawal amount and the
occupation day from the loan release day. The occupation day includes the
first day, but excludes the last day. The day interest rate equals to the
monthly interest rate dividing by 30 and the monthly interest rate equals
to the annual interest rate dividing by
12.
|
|
2.
|
The
lender has the rights to calculate and collect the overdue interest for
the due (including the lender announcing the loan expiration in advance)
but unpaid loan principal from the overdue day in accordance with the
overdue interest rate stated in the contract until the borrower pays off
the principal and interest.
|
|
3.
|
If
the borrower doesn’t use the loan as per the stated usage purpose, the
borrower has the rights to calculate and collect the interest penalty for
the defaulted used loan amount from the default day in accordance with the
practical default days and the embezzling interest penalty rate stated in
the contract until the borrower pays off the principal and
interest.
|
|
4.
|
If
the borrower is unable pay the interest on time (including the normal
interest, overdue interest and embezzling interest), the lender shall
calculate and collect the compound interest by the practical overdue days
at the payment day (expiration date of interest) as per the overdue
interest penalty rate stated in the
contract.
|
|
5.
|
Interest
rate liberalization or market
paralysis
|
|
(1)
|
If
the People’s Bank of China implements the marketization policy of RMB
interest rate after the loan release under the contract, the borrower
shall negotiation with the lender to decide the interest rate standard, if
there is not any consensus within five (5) banking days after negotiation,
the borrower shall pay off all the loan principal and interest within
thirty (30) days from the date failing to get the consensus. (RMB
applicable to the item)
|
|
(2)
|
If
there is not any relevant bank quoting against the interest rate of US
dollars deposit to London Inter-bank Offered Rate Market at the a.m. 11:00
(London Time) of the quotation day of relevant interest term after the
loan release, the borrower shall negotiate with the lender to decide the
opportunity interest rate; if there is not any consensus within five (5)
banking days after negotiation, the borrower shall pay off all the loan
principal and interest within thirty (30) days from the date failing to
get the consensus. (RMB applicable to the
item)
|
Article 3
Insurance
|
1.
|
The
borrower shall make the insurance taking the lender as the first
beneficiary or the insured at the insurance company appointed by the
lender according to the requirement. The insurance shall cover the
insurance plan code required by the lender who shall confirm to transfer
all the rights and benefits (including all kinds of claims and insurance
fund payment) stated in the Insurance Contract to the lender or hand the
procedure taking the lender as the first beneficiary. Until the borrower
pays off the principal and interest under the contract to the lender and
make an agreement or endorse in the insurance policy and the insurance
contract. Before paying off the loan principal, the interest
and other payables under the contract, the borrower shall not terminate
the insurance with any reason. If termination, the behavior immediately
forms the breach of contract of the lender and the borrower has the rights
(but no obligation) to continue the insurance or insure on behalf of the
borrower shouldering all the costs.
|
6
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
2.
|
The
borrower shall notify the lender within three (3) days by the written form
from the day knowing the insurance accident and timely ask for the claims
as per the relevant regulations of the insurance policy. The loss caused
by the delay notice or the delay claims or the obligation nonperformance
under the insurance policy shall be undertaken by the
borrower.
|
|
3.
|
The
insurance indemnity shall be deposited into the settlement account opened
up by the borrower in the place of the lender and the loan principal and
interest and the other payable costs under the contract shall be paid off
with the consequence stated in the contract; while, the lender shall also
be able to decide whether the insurance indemnity is used for the project
supported by the loan according to the practical condition. If the
insurance indemnity is not enough to pay up the loan principal and
interest and it does not constitute the exemption of the borrower for the
payable debt.
|
Article 4
Withdraw
|
1.
|
Before
the initial withdraw, the borrower shall meet all of the following
conditions, while, the lender has no obligation to review the following
documents or conditions:
|
|
(1)
|
Submit
the withdraw application form (see the annex 1 of contract for details) as
per the time and method stated in the contract, the completed Credit (Loan)
Certificate and the other related
documents;
|
|
(2)
|
The
contract and the relevant guaranty contract have been signed up and of
continuous force and the guaranty rights has been effectively
established;
|
|
(3)
|
Submit
the feasibility study report of the borrower’s project, the approval
document and the other required approval
files;
|
|
(4)
|
Submit
the current effective business license, the articles of association, the
recent balance sheet of withdraw date (including but not limited to the
annual financial report approved by the certified public accountant at the
last year and the current balance
sheet);
|
|
(5)
|
Submit
the loan agreement made by the board of directors/the board of
shareholders or the other organization with the equal legal force, the
power of attorney and the original copy signed by the legal representative
and the authorized representative.
|
|
(6)
|
The
borrower has opened up the special account, the settlement account and/or
the margin account for fixed asset loan at the place of the
lender;
|
7
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
(7)
|
The
capital fund with the same ration as the loan under the contract has been
sufficient in place and used with the loan and the practical speed of the
project is matching with the invested
amount;
|
|
(8)
|
The
borrower has performed the obligations stated in the contract without any
event of default stated in the
contract;
|
|
(9)
|
The
lender requires the other document or the other conditions at any
time.
|
|
2.
|
Except
for the initial withdraw, the borrower shall meet all of the following
conditions, while, the lender has no obligation to review the following
documents or conditions before each
withdraw:
|
|
(1)
|
Submit
the withdraw application form (see the annex 1 of contract for details) as
per the time and method stated in the contract, the completed Credit (Loan)
Certificate and the other related
documents;
|
|
(2)
|
The
borrower has performed the obligations stated in the contract without any
event of default stated in the
contract;
|
|
(3)
|
The
lender requires the other document or the other conditions at any
time.
|
|
3.
|
Withdraw
|
|
(1)
|
The
borrower shall withdraw by installment as per the withdraw plan stated in
the contract and handle with the withdraw procedure for the lender within
three (3) business days before the withdraw
date;
|
|
(2)
|
If
the borrower needs to delay the withdraw date, the borrower shall obtain
the permission of the lender within three (3) days before the withdraw
date expiration and pay up the caused interest loss (interest loss
equaling to the interest of delayed withdraw date minus the current
deposit in the same period).
|
|
(3)
|
If
the borrower requires to cancel all or partial the undrawn loan, the
borrower shall put up the application to the lender within three (3) days
before the termination day of withdraw and cancel after permission by the
lender. If the borrower fails to withdraw all the loans within withdraw
period, the borrower shall pay the committee fee for the undrawn part (see
the Part I of contract for
details).
|
|
(4)
|
If
the borrower fails to hand the withdraw procedure and doesn’t apply for
delaying the withdraw at the stated withdraw day or within the withdraw
period, the lender may notify the borrower to take the relevant procedures
within three (3) banking days; if the borrower fails to do, the lender has
the rights to cancel the undrawn
loan.
|
|
(5)
|
The
borrower confirms that the lender shall bring the capitals drawn by the
borrower as per the Article 4 of the contract into the special account of
fixed asset loan opened up by the borrower at the place of the
lender.
|
|
(6)
|
Even
if the above statement, the lender has the rights to refuse the withdraw
application and cancel all or partial loan under the contract at any time
as long as the loan has not been
released.
|
8
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
Article 5
Account Opening and Management
|
|
1.
|
The
borrower has opened up the special account of fixed asset loan and the
general settlement account at the place of the lender when signing up the
contract (see the Part I of the contract for details). The borrower shall
also open up the margin account at the place of the lender as required by
the lender and agree the lender to monitor the original account of the
borrower.
|
|
|
2.
|
The
special account of fixed asset loan is used for checking the release and
payment of the loan applied by the borrower to the lender. The interest of
the capital in the special account of fixed asset loan shall be calculated
according to the current deposit interest. In addition to pre-sealing of
the borrower, the borrower agrees to reserve the fund monitoring seal of
fixed asset loan of the lender. Without the written permission of the
lender, the borrower shall not randomly modify the pre-seal of the special
account of fixed asset loan.
|
|
|
3.
|
The
borrower confirms the general settlement account is also taken as the
incoming account and the repayment reserves account under the contract and
the repayment of the principal and interest of the fixed asset loan is
allocated from the general settlement account. The incoming cash flow of
fixed asset investment project or the integral cash flow of the borrower
shall be brought into the general settlement
account.
|
The
borrower guaranties the capital balance in the general settlement account shall
be no less than the amount of repaying the principal plus interest of the term
at each date of repaying the principal plus interest and within ten days. The
borrower agrees the lender has the rights to limit or refuse the external
payment to ensure the enough capital balance in the general settlement account
to pay up the principal and interest of this term.
The
lender has the rights to take the dynamic monitoring for the general settlement
account (incoming account), when there is any abnormality in the cash flow of
the general settlement account (incoming account), the lender has the rights to
investigate the reason in time and take the countermeasures.
After the
principal and interest of the loan in the special account of fixed asset loan
have been paid up in full in accordance with the regulations of the contract and
the withdraw application of the borrower, the borrower shall actively handle up
the account cancellation account formalities of the special account of fixed
asset loan according to the relevant management method of the
lender.
Article 6
Payment Monitoring
|
1.
|
The
borrower agrees the lender has the rights to monitor and manage the
payment of loan in the special account of fixes asset account by the
commissioned payment of the lender and the self payment of the borrower to
supervise the utilization of the loan capital same as the stated usage
purpose.
|
The
commissioned payment of the lender refers to the lender pays up the loan capital
by directly transferring the capital from the special account of fixed asset
loan of the borrower to the appointed account of the trade counterparty of the
borrower complying with the stated usage of the contract.
9
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
The self
payment of the borrower means the lender transfers the loan capital into the
general settlement account from the special account of fixed asset loan of the
borrower and then the borrower self pays to the appointed account of the trade
counterparty of the borrower complying with the stated usage of the contract
through the normal settlement way.
|
2.
|
The
borrower agrees the loan capital payment when the single amount in the
special account of fixed asset loan exceeds the amount stated in the
contract (see the Part I of the contract for details) shall be made
through the commissioned payment of the
lender.
|
|
3.
|
When
the borrower applies for the external payment of the loan capital in the
special account of fixed asset loan, the borrower shall submit the
certification materials conforming to the requirements of the lender,
including but not limited to:
|
|
|
(1)
|
the
certificate document of payment purpose conforming to the purpose stated
in the contract;
|
|
|
(2)
|
Written
contract, agreement, memorandum, meeting minutes and the other lawful
documents really reflect the payment obligations of the borrower; provide
the charging policy and standard approved by the authority department for
the payables without necessary to sign up the
contract;
|
|
|
(3)
|
Relevant
invoice or receipt, if unable to obtain at the same time of payment, the
borrower shall timely make up the relevant expenditure invoice or receipt
after completing the payment;
|
|
|
(4)
|
Price
audit report of the investment supervisor for the engineering advance
payment, the process payment, the settlement payment/final settlement
payment;
|
|
|
(5)
|
Payment
voucher of the legitimating and validity of the special account of fixed
asset loan;
|
|
|
(6)
|
Submission
of the other documents required by the
lender.
|
|
4.
|
If
the commissioned payment by the lender is adopted, the borrower shall
submit the written commission application form of the lender sealed with
the preset seal of special account of fixed asset loan of the borrower
within three working days before the payment day and the other relevant
materials (see the Annex 2 of the contract for the format). The lender has
the rights to check whether the relevant materials are complying with the
payment terms stated in the contract. If the lender approves, the payment
voucher shall be sealed with the capital monitoring seal of fixed asset
loan and then the payment shall be
made.
|
If the
commissioned payment by the lender is adopted, the lender has the rights to
require the borrower, the independent intermediary and the contractor to
cooperate to check the equipment construction or the engineering construction
process and make the external payment of the loan according to the issued
bilateral certification.
10
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
5.
|
If
the self payment by the borrower is adopted, the borrower shall submit the
self-payment monthly plan of next month (see the Annex 3 of the contract
for the format) and the relevant materials to the lender within 5 working
days at the end of each month. The lender has the rights to check whether
the relevant materials are complying with the payment terms stated in the
contract. If the lender approves, the borrower shall fill in the payment
voucher according to the payment details summary approved by the lender
(the amount of each summary payment voucher shall not exceed the
commissioned payment amount of the lender stated in the contract). The
lender shall seal in the capital monitoring seal of fixed asset loan after
approval and transfer the relevant funds into the general settlement
account of the lender.
|
|
6.
|
If
the self payment by the borrower is adopted, the borrower shall summarize
the self payment conditions of the loan and report to the lender within 10
working days after each three months. The lender also has the rights to
check whether the loan repayment of the borrower is complying with the
stated usage through account analysis, voucher inspection, field
investigation and the other
way.
|
|
7.
|
The
borrower confirms to pay up the cost aroused by the payment of loan funds
in the special account of fixed asset loan to the lender, when the cost
occurs; the lender has the right to directly deduct from any one account
opened up borrower at the place of the
lender.
|
|
8.
|
During
the loan release and payment, if any of the followings occurs to the
borrower, the lender has the rights to ask the borrower to supplement the
withdraw conditions and the payment terms or terminate the release and
payment of the loan in accordance with the contract
statements:
|
|
|
(I)
|
Credit
status degradation;
|
|
|
(II)
|
Loan
repayment inconformity with the contract
statement;
|
|
|
(III)
|
Project
process lag behind of capital utilization
process;
|
|
|
(IV)
|
If
breach of contract, take disaggregation to avoid the commissioned payment
by the lender.
|
Article 7
Repayment
|
1.
|
The
borrower shall timely and abundantly repay the principal and interest and
the related costs by the repayment plan stated in the contract. In
addition, the borrower shall irrevocably authorize the rights to the
lender to actively deduct the aforesaid amount from the account opened up
by the borrower at the place of the lender at the due date or at the
condition meeting the contract
statement.
|
|
2.
|
If
the borrower return the loan in RMB in advance, the borrower shall obtain
the written permission from the lender, if not, the borrower shall repay
the principal and interest by the term and rate stated in the
contract.
|
11
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
The
borrower aggress and approves the foreign currency loan is unable to be repaid
in advance by the practical codes of foreign currency loan. If the borrower
needs to repay in advance, the borrower shall notify the lender by the before
the fifteenth (15th)
banking days before the predicted repayment day and obtain the written
permission from the lender. For the part of loan is repaid in advance without
the written permission of the lender, the lender will charge the liquidated
damages from the lender (see the Part 1 of the contract for
details).
The
repayment in advance approved by the lender shall be regarded as the due in
advance.
The
interest of loan repayment in advance shall be calculated by the practical loan
utilization days with the repayment of principal and interest in all; the
principal amount of loan repayment in advance shall be no less than the amount
stated in the Part 1 of the contract. The repaid principal shall reduce in
reverse order the loan principal by the sequence of the repayment plan stated in
the contract.
If the
borrower is unable to repay at due day without a reasonable reason, the borrower
shall bring up the loan deferring application before the thirtieth (30th) day
within the repayment term stated in the contract and prepare the necessary
materials to make the relevant deferring formalities. The loan under the
contract with guaranty, mortgage or pledge, the guarantor, the xxxxxxx and the
mortgagor shall issue the written permission certificate. The lender shall
decide whether to defer or not. If the borrower doesn’t apply for deferring or
the deferring application isn’t approved by the lender, the loan shall be
transferred to as the overdue loan at the next day of the due date.
Article 8
Representation and Warranty
The
borrower shall make the following representation and warranty to the lender, and
the representation and warranty shall be formulated when the contract is signed
up and valid during the effective period of the contract.
|
|
1.
|
The
borrower is the enterprise legal person or the other economic organization
which is legally established, conforming to the requirements of the laws
and rules and has the rights to conclude and performing the contract.
Moreover, the borrower is meeting the requirements of the investment
subject and operation qualifications of the investment project under the
contract. The borrower is of the necessary rights ability, complete
finance system and repayment ability. The borrower is undertaking the
obligations to perform the contract by the self name and independently
shouldering the civil liabilities.
|
|
|
2.
|
The
lender has the rights to sign up the contract and completes all the
authorizations and approvals of the board of directors, board of
shareholders and other authority organization required for signing up the
contract and the obligation under the contract. All of the terms and
articles of the contract are the real reflection of the borrower and of
the legal force for the borrower.
|
12
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
|
3.
|
The
signing and performance of the contract shall not conflict with the laws
(the laws under the contract including the law, the rule, the articles,
the local regulation, the judicial interpretation and the other
legislations governing the borrower) governing the borrower and the
relevant document, judgment and decision of the organ of power and not
contrast with the articles of associations of the lender or the signed
contract, agreement or the other
obligations.
|
|
|
4.
|
The
borrower ensure all the issued balance sheets (if any) shall be conforming
to the regulations of the laws of People’s Republic of China (for the
purpose of the contract, excluding the laws of Hongkong Special
Administrative Region, Macao Special Administrative Region and Taiwan),
wherein the balance sheets must be real, complete, and fair to reflect the
financial condition of the
borrower;
|
|
|
5.
|
The
borrower shall obey the principles of honesty and faithfulness during the
process of signing and performing the contract and ensure all the
materials, documents and information including the information of itself
and the guarantor provided to the lender are real, valid, correct and
complete without any concealed or missed
content.
|
|
|
6.
|
The
borrower shall ensure to complete the filing, registration or the other
formalities required for the validity and legal performance of the
contract and pay up the relevant tax and
cost.
|
|
|
7.
|
Since
the issuance of the latest approved balance sheet, there is not any
serious sever change in the operation status and the financial condition
of the lender.
|
|
|
8.
|
The
borrower shall strictly obey the regulations of the legal document,
conduct all kinds of business within the business scope legally approved
or according to the regulations of business license of the lender or the
stipulations of set documents and make the registration and annual
inspection procedures on time.
|
|
|
9.
|
The
borrower shall not give up any due credit and handle up the current main
property by the non-remunerative way or the other inappropriate way.
Without the written consent of the lender, the borrower shall not pay off
the other long-term loan in
advance.
|
|
10.
|
The
borrower has disclosed the important facts and conditions which shall be
known or have been known by the lender and whether to release the loan
under the contract.
|
|
11.
|
The
borrower confirms the default not occurring at the signing date of the
contract and during the contract performance, including but not limited to
the staff salary and medical service, the disability grant, the
compensation and the pensions.
|
|
12.
|
The
borrower ensures the development project of the proposed reserve land
complying with the urban general planning, the recent municipal
construction and the general planning requirement of land utilization
(applicable to he loan usage for the land reserve development) approved by
the legal procedure.
|
13
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
13.
|
The
borrower ensures the good condition of credit without serious bad record;
if the borrower is the legal person for newly-established project, the
controlling shareholder shall enjoy good credit reputations without
serious bad record.
|
|
14.
|
The
project supported by the loan shall be conforming to the regulations of
the laws and rules and the relevant national policies concerning on the
industry, the land, the environmental protection and the investment
management and the legal management procedure of the investment project of
fixed asset has been performed. In addition, the project shall meet the
regulations of capital system of national relevant investment
projects.
|
|
15.
|
The
borrower ensures no case or event causing or possible to cause the vital
adverse effect for the contractual capacity of the
lender.
|
Article 9
Covenants
The
covenants shall be made by and between the borrower and the lender during the
loan as followings:
|
1.
|
The
borrower ensures the legal operation and use the loan according to the
contract terms rather than embezzling for other purposes. The borrower
shall regularly provide all kinds of relevant financial and accounting
materials including the monthly and annual balance sheets as required by
the lender and actively cooperate with the lender to monitor the usage
condition and the operation status. The lender may inspect and monitor the
loan usage condition at any time by various
ways.
|
|
2.
|
The
borrower shall repay the loan principal and interest under the contract in
accordance with the time, amount, currency and interest rate stated in the
contract, the agreement, the application form and the Loan Certificate. The
practical repayment time, amount, currency, interest rate shall be subject
to the content recorded in the Loan
Certificate.
|
|
3.
|
The
borrower guaranties will timely provide the new guaranty approved by the
lender as long as the serious case occurs or going to occur to have the
adverse influence for the finance state and the ability to perform the
guaranty obligations of the
guarantor.
|
|
4.
|
The
borrower promises not taking the following actions prior to obtaining the
written consent from the lender:
|
|
(1)
|
Handle
up all or partial great asset by selling, granting, renting, lending,
transferring, mortgaging, pledging and the other
ways;
|
|
(2)
|
Contract,
rent, joint venture, foreign investment, shareholding reform, joint
capital (cooperation), merger (acquisition), division, share transfer,
substantially increase debt financing, set up subsidiary, property
transfer, reduce asset, business cessation, dissolve, file for bankruptcy,
reconstruction and the other actions possible to affect the repayment
ability of the borrower.
|
|
(3)
|
Modify
the articles of associations and the other established document, change
the organization mechanism, business scope or the main
business.
|
14
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
(4)
|
Provide
the third party with the guaranty generating great server adverse effect
on the financial station or the ability to perform the obligations under
the contract.
|
|
(5)
|
Clear
off the other long-term debt in
advance.
|
Apply for
reconstruction, bankruptcy or dissolve company, organization or be
dissolved.
|
(6)
|
Signing
up the contract/agreement or shouldering the relevant obligations having
bad effect on the ability to perform the obligations under the
contract/
|
|
5.
|
The
borrower promises to notify the lender at the day of event occurrence and
send the original copy of relevant notice to the lender (with common seal)
within five (5) banking days from the day of event occurrence if the
following cases occur:
|
|
(1)
|
Happened
relevant cases resulting in the unreal and incorrect representation and
warranty made by the borrower in the
contract.
|
|
(2)
|
The
borrower or the controlling shareholder, the practical controller or the
related person involving with the lawsuit, arbitration or the asset
detained, closed down, frozen, forcefully implemented or the other
measures with the same effectiveness, or the legal
representative/responsible office, the director, the supervisor or the
senior management staff involved with the lawsuit, the arbitration or the
other enforcement measures.
|
|
(3)
|
Changes
of the legal representative or the authorized agent of the borrower, the
responsible office, the main financial responsible officer, the
communication address, the enterprise name, the office place and the other
items
|
|
(4)
|
Apply
for reconstruction, bankruptcy by the other creditor or withdrawn by the
superior supervising unit.
|
|
6.
|
The
borrower promise not to repay off the other loans by disobeying the normal
repayment sequence and never sign up any contract or agreement resulting
in the loan under the contract in the subordinate
status.
|
|
7.
|
The
borrower shall repay the loan principal and interest under the contract
with the same currency with the loan as much as possible. If the borrower
repays the debt with the different currency from the loan, the borrower
shall voluntarily or authorize the lender to exchange the different
currency into the currency same as the loan currency under the contract in
accordance with the method stated in the Deduction Agreement to repay the
principal and interest, wherein the aroused cost shall be shouldered by
the lender.
|
|
8.
|
If
the guaranty under the contract faces with the specific condition or
specially changes, the borrower shall provide the other guaranty approved
by the lender according to the lender’s requirements. The specific
condition or change includes but not limited to production suspending, out
of business, dissolving, business cessation for regulation, suspending or
canceling the business license, applying for or being applied for
reconstruction, bankruptcy, great changes of business or financial state,
involvement with the serious lawsuit or arbitration case, main business
and management staff involving with the case, value decrease of the
guaranty or possible decrease or taking the property preservation, default
under the guaranty contract and requiring to terminating the guaranty
contract and so on.
|
15
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
9.
|
Special
agreed items about the group client (applicable to the group
client)
|
If the
borrower of the contract is the group client, the borrower hereby
promises:
|
(1)
|
The
borrower shall timely report the condition of connected trade over 10% of
net asset of the practical accredited party, including: ○1connected relationship
of trade parties: ○2trade project and trade
nature; ○3trade
amount or relevant ratio; pricing policy (including the trade without
amount or only with symbol amount).
|
|
(2)
|
The
borrower shall be regarded taking default if the practical accredited
party has any of the following conditions, and the lender has the rights
to unilaterally cancel the unused credit extension of the client and
reclaim all or partial used credit extension or require the client add to
100% margins: ○1provide false materials
or conceal the important business and finance facts; ○2change the original
usage purpose of credit extension without the consent of the lender,
embezzle the credit extension or utilize the bank credit extension for the
illegal trade; ○3discount or pledge in
the bank by the false contract with the connected parties, the receivable
receipt without any real trade backgrounds and the receivables to absorb
the bank funds or credit extension; ○4refuse to the lender to
monitor and inspect the loan utilization and the relevant business and
financial activities; ○5great merger and
purchase reorganization and the other case possible to influence the
credit extension safety; ○6intentionally evasion of
debt to bank.
|
|
10.
|
The
borrower ensures to transfer the land use right by inviting bidding,
auction or listing and the funds in the special account of land reserves
only for the expenditure of land development cost to achieve the purpose
of special loan for special project; the borrower promises the incomings
of land transfer shall be prior to repaying the loan principal and
interest under the contract rather than for the other use (applicable to
the loan used for the land reserves
development).
|
|
11.
|
If
the lender requires, the lender shall set up the guaranty and the pledge
guaranty by taking the project asset complying with the pledge condition
and/or the predicted project incomings and/or using the share ownership of
the project company held by the project initiator as the
loan.
|
|
12.
|
If
the lender requires, the lender shall require the relevant parities of
project to maximally reduce the risk during the construction period by
signing up the general contracting contract, insuring the commercial
insurance, setting up the completion margin, proving the completion
guaranty and the performance guarantee and so
on.
|
|
13.
|
If
the lender requires, the lender shall sign up the long-term supply and
sales contract, use the financial derivatives or providing guaranty for
the capital gap by the initiator to effectively disperse the risk during
the business period.
|
16
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
14.
|
Through
the negotiation between the lender and the borrower, the lender shall
comprehensively use all kinds of financing tools and expand the source
channel of project funds by providing financial consultant for the loan
project and designing the overall financial service plan for the project
to effectively disperse the loan
risk.
|
Article
10 Deduction Convents
|
1.
|
The
borrower agrees the lender has the rights to directly deduct from the
settlement account opened up the borrower in Shanghai Pudong Development
Bank to pay off the due payable debt when any of debt connected with the
contract loan; if the funds in the settlement account is not enough to pay
off the debt, the lender has the rights to deduct the amount from any of
accounts opened up by the borrower at each branch of Shanghai Pudong
Development Bank.
|
|
2.
|
Unless
otherwise specified by the national authority organization, the sequence
of paying off the debt by deducting the amount is to repay the overdue
fees of the borrower, and then to clear off the overdue interest and last
to overdue principal.
|
|
3.
|
If
the currency of the deducted payment is different from that the payment
needing to be repaid, the following measures shall be
taken:
|
|
(1)
|
If
the loan currency is RMB, the loan principal and interest shall be repaid
after transferring the deducted amount to RMB in accordance with the
buying rate of exchange of the deducted amount currency and
RMB.
|
|
(2)
|
If
the loan currency is not RMB, while the currency of deducted amount is
RMB, the loan principal and interest shall be repaid after transferring
the deducted amount to RMB by the public buying
rate.
|
|
(3)
|
If
the currencies of the loan and the deducted amount are not RMB, the first
is to transfer the currencies into RMB and the second is to transfer into
the currency of loan so to pay off the loan principal and
interest.
|
Article
11 Claim Certificate
The
lender shall record the accounting items related to the business activities
involving with the contract in the account book according to the regular codes
of business operation hereby to certificate the loan amount of the lender. The
borrower admits the effective voucher of the loan credit under the contract
shall be subject to the account voucher issued and recorded by the business
regulations of the lender.
Article
12 Notice and Submission
|
|
1.
|
The
notice sent by one Party to another Party shall be sent to the address
listed in the signature page of the contract until the address change by
the written notice by another Party. As long as the notice is sent by the
above address, it shall be regarded as being sent at the following date.
If the letter, the seventh (7) banking days after registering post by the
main business address; if the special sending, the signing day signed by
the receiver; if the fax or e-mail, the sending date of fax or e-mail. But
all of the notices, requirements or the other communications sent or
delivered by the lender shall be regarded as successfully sent at the
practical receiving by the lender and the confirmation shall be made by
the fax or e-mail or sending the original copies of all notices and
requirements (with common seal) to the
lender.
|
17
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
|
2.
|
The
borrower agrees as long as the sent voucher and notice for the lawsuit has
successfully sent to the main business address listed in the signature
page of the contract. The change of above address shall be invalid unless
notifying the lender in advance.
|
Article
13 Xxxxxxxx, Change and Termination
|
|
1.
|
The
contract shall come into effect after affixing the common seals by the
lender and the borrower and signing or sealing by the legal representative
(responsible officer) or the authorized agents of the two Parities and
terminate until repaying off the entire loan under the
contract.
|
|
|
2.
|
After
the contract coming into effect, any Party of the contract shall not
change or terminate the contract in advance by itself. If the contract
needs to be changed and terminated, the consensus shall be made by and
between the two Parities and the written agreement shall also be signed
up.
|
Article
14 Event of Default and Treatment
|
|
1.
|
Event
of default
|
In
case of any one of followings, the borrower shall make the default for the
lender:
|
|
(1)
|
Any
representation and warranty made by the lender in the contract or the
notice, authorization, approval, consent, certificate and the other
documents made according to the contract regulations have been proved to
be incorrect or with misleading nature or be invalid or revoked or without
legal force.
|
|
|
(2)
|
The
borrower has violated the regulations stated in the Other Items Agreed by
Two Parties in the Part I (if any) or any of statements in Article 9 of
Part II.
|
|
|
(3)
|
The
borrower violates the signed any provision of the loan contract and
agreement; or the overdue debt under the other loan contract and
agreements.
|
|
|
(4)
|
The
investor of the lender removing the funds, transferring the asset or the
share ownership.
|
|
|
(5)
|
Delay
allocation of self-raised funds by the borrower or removing after
allocation
|
|
|
(6)
|
Serious
lagging of project process.
|
|
|
(7)
|
The
guarantor has lost or will lose the guaranty ability related to offering
and loan, or breaching the guaranty contract signed by
itself.
|
18
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
|
(8)
|
Business
cessation, production suspending, business suspending, cessation for
reconstruction, liquidation, being taken over or taking over, dissolving,
suspending or canceling the business license or
bankruptcy.
|
|
|
(9)
|
Financial
condition of the borrower or the guarantor worsening, difficulty in the
business or the occurred case or condition badly affecting the normal
business, financial condition or the repayment ability.
|
|
(10)
|
The
borrower or the controlling shareholder, the practical controller or the
connected party involving with the serious lawsuit, arbitration or the
great asset being detained, closed down, frozen, forcefully implemented or
the other taken measures with the same enforcement, or the legal
representative/responsible officer, the directors, the supervisor or the
senior management staff involving with the lawsuit, arbitration or the
other enforcement measures resulting in the adverse influence on the
repayment ability of the borrower.
|
|
|
(11)
|
The
change of national or local land reserves policies having bad effect on
the loan under the contract; or the planning condition of reserved land
changing or unable to realize the predicted profit (applicable to the loan
usage for the land reserves development).
|
|
|
(12)
|
The
borrower fails to repay the loan principal and interest or use the
loan as per the provisions.
|
|
|
(13)
|
Fails
to use the loan as per the stated ways.
|
|
|
(14)
|
The
file materials and information of submitted applying loan be
false and wrong.
|
|
|
(15)
|
Inconformity
to or exceeding the relevant financial indicator regulations stated in the
contract.
|
|
|
(16)
|
The
balance in the general settlement less than the payable amount of the
principal and interest of the borrower at any due day and within ten
days.
|
|
|
(17)
|
Abnormality
in the cash flow of the general settlement account (incoming
account)
|
|
|
(18)
|
Default
of the borrower resulting in the normal performance of contract, or the
other actions harming the legitimate interest of the
lender.
|
|
|
2.
|
Treatment
|
|
|
(1)
|
In
case of aforesaid default occurs, the lender shall take the one or several
measures as followings by taking the circumstances into
considerations:
|
|
I.
|
Require
the borrower to modify in limit period.
|
|
|
II.
|
Stop
releasing the unused loan of the borrower and reclaim the partial or all
loans in advance.
|
|
|
III.
|
Announce
the due of all or partial principal in advance, require repaying the
partial or all loans and the interest and reclaims for the guarantor or
the borrower by all kinds of methods.
|
|
|
IV.
|
Collect
interest and compound interest for the overdue loan and the embezzled
loan.
|
|
|
V.
|
Deduct
from any account opened up by the borrower in each branch of Shanghai
Pudong Development Bank.
|
19
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
VI.
|
Require
the borrower to provide the other guaranty approved by the
lender.
|
|
|
VII.
|
The
other necessary measures stated by the
law.
|
|
|
(2)
|
Expect
for the above measures, the lender also has the rights to require the
borrower to shoulder the default liability and pay up the liquidated
damages (see the Part I of the contract for the calculation method of the
liquidated damages). If the liquidated damages is not enough to make up
the lender’s loss, the borrower shall compensate all the losses for the
lender.
|
|
|
(3)
|
If
the borrower fails to repay the principal and the interest in full value,
the borrower has to pay up all the costs aroused from the lender to
realize the credit claim and the guaranty rights, including but not
limited to the collection fee, the lawsuit fee, the notaries fee, the
attorney fee, the traveling expense, the translation cost and the other
payable costs.
|
Article
15 Other Provisions
|
1.
|
Definitions
|
|
(1)
|
All
the credit claims in the contract means the loan principal, the interest,
the liquidated damages and all kinds of costs for realizing the credit
claim.
|
|
(2)
|
The
aforesaid interest includes the interest, the default interest and the
compound interest.
|
|
(3)
|
The
banking day in the contract refers to the normal public business day of
the lender at the residential place, excluding Saturday, Sunday (except
for the public business due to the holiday adjustment policy) or the other
legal festivals and holiday.
|
|
2.
|
Applicable
laws
|
The laws
of People’s Republic of China (for the purpose of the contract, excluding the
laws of Hongkong Special Administrative Region, Macao Special Administrative
Region and Taiwan area) are applicable to the contract and the interpretation
shall prevail.
|
3.
|
Dispute
resolution
|
All of
the disputes related to the contract shall be handled up through friendly
negotiation; if fail, the People’s Court in the residential place of the lender
has the judicial authority. During the dispute, the two Parties shall continue
to perform the undisputed provisions.
|
4.
|
Miscellaneous
|
|
(1)
|
If
there is unlisted issue needs to be complemented, the two parties can
negotiate and record in the article 10 of the contract and they can reach
another written agreement as the annex of the contract. The annex of the
contract (see details in Part 1 of the contract) is an indivisible part of
the contract and it enjoys the same legal force with the
contract.
|
|
(2)
|
During
the contract period, the lender shall take the grace measures or delay to
take actions which could not harm, influence or limit the lender to enjoy
all rights or benefits as the creditor in accordance with the law or the
contract, in addition, it could not be regarded as the approval by the
lender to the default of the borrower, even less regarding the lender
giving up the rights to take actions against the current or future default
of the borrower.
|
20
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
|
(3)
|
The
invalidity of some a provision in the contract shall not affect the
enforcement of the other provisions. No matter why the contract is
invalid, the borrower shall also shoulder all the debt liabilities under
the contract to the lender. In case of the above conditions, the lender
has the rights to immediately terminate the contract performance and
reclaim the entire loan under the contract to the
borrower.
|
|
(4)
|
The
borrower shall be able to transfer all or partial rights and/or
obligations under the contract, in this case, the transferee shall enjoy
and/take the same rights and/or duties as one Party of the contract. After
receiving the notice of credit transfer from the lender, the borrower
shall take the liabilities to the transferee according to the regulations
of the contract.
|
|
(5)
|
The
terms and expressions in the contract have the same meaning with the main
contract unless there are special
notes.
|
|
(6)
|
The
titles in the contract are just for reference and not served as reference
of the contents.
|
(No main
body in below)
21
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
(The page
be the signature page without main body)
The
contract shall be signed by and between the borrower and the lender on 26th Feb.
2010. The borrower confirms the two Parties have taken the detailed description
and discussion for all the terms when signing up the contract. The two Parties
have no objections about all the provisions and articles and correctly
understand the rights and obligations of the Parities and the liabilities limit
or the legal interpretation of the exemption articles.
Regal
representative or authorized agent (signature or
seal) principal or authorized agent
Xx
Xxxxxxx Xxxx
Xxxxxxx
(Applicable
to legal person)
Valid
identification certification type and code:
(Applicable
to natural person)
| Dwelling place: | Main business site: | |
| Zip code: | Zip code: | |
| Tel: | Tel: | |
| Fax: | Fax: | |
| Email: | Email: | |
| Contact person: | Contact person: |
22
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
Annex
1
Application
Form of Withdraw
Under
Loan
Contract of Fixed Asset
No.:
To: Branch of
Shanghai Pudong Development Bank
Whereas
our company has signed up the Loan Contract of Fixed Asset with No.
[ ] on (day) (month) (year). In
accordance with the withdraw plan stated in the contract, our company is going
to withdraw the loan on (day) (month) (year), namely (currency) (yuan only) (in
words).
Hereby,
our company confirms there is not any incident or case forming the default under
the Loan Contract of Fixed
Asset till the date the application form is sent. Further, our company
ensures all the promised items in the Loan Contract of Fixed Asset
have been implemented according to the contract regulations and all the
perquisite conditions have also been met.
Please
approve.
Applicant:
(common seal)
Legal
representative or authorized agent: Xx Xxx’xx
(Signature
or seal) 
(day) (month) (year)
23
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
Annex
2
Application
Form of Commissioned Payment
of
Lender
No.:
Shanghai
Pudong Development Bank Branch
Whereas
our company has signed up the Loan Contract of Fixed Asset with No.
[ ] on (day) (month) (year). In
accordance with the regulations of payment monitoring of the funds in the
special account of fixed asset loan, hereby our company applies for taking the
external loan payment from the special account of fixed asset loan by the way of
the commissioned payment of the lender and we have submitted the following
relevant materials complying with the contract regulations to your
bank:
|
o
|
The
written contract, agreement, memorandum, minutes, or the other legal
documents practically reflecting the payment obligations of the
lender
|
|
o
|
Charging
policy and standard approved by the governmental authority
department
|
|
o
|
Relevant
invoice or receipt: if unable to obtain at the same time of payment, the
borrower shall timely submit the relevant loan utilization invoice and
receipt after payment completion
|
|
o
|
Price
evaluation report of the investment supervisor for the engineering
prepayment, the process payment, the settlement or liquidation
payment
|
|
o
|
Valid
and effective payment voucher of special account of fixed asset
loan
|
|
o
|
Others:
|
Please
transfer the principal (currency) of
(amount) into the following account on
day
month
year after approval according to the regulations of the loan
contract:
Bank:
Account
name:
Account
name:
Please
approve!
|
|
Applicant: (seal
for special account of fixed asset
loan)
|
|
|
(day)
(month)
(year)
|
24
|
Shanghai
Pudong Development Bank
|
Loan
Contract of Fixed Asset
|
|
SPD
BANK
|
Annex
3
Monthly
Payment Plan of Self Payment of Lender
|
|
No.:
|
Branch
of Shanghai Pudong Development Bank
Whereas
our company has signed up the Loan Contract of Fixed Asset with No.
[ ] on (day) (month) (year). In
accordance with the regulations of payment monitoring of the funds in the
special account of fixed asset loan, hereby our company applies for taking the
external loan payment from the special account of fixed asset loan. Therefore,
our company applies to take the external payment from the special account of
fixed asset loan by the way of self payment of the lender. The monthly payment
plan of our company for (month) (year) shall be
as followings:
|
Enterprise
name
|
Responsible
officer
|
|||
|
Loan
project of fixed asset
|
No.
of loan contract
|
|||
|
Items
of application payment
|
Payment
amount (10 thousand yuan)
|
Payment
date
|
Trade
counterparty
|
|
|
Status
of self payment application
|
1
|
|||
|
2
|
||||
|
3
|
||||
|
4
|
||||
|
5
|
||||
|
6
|
||||
|
Summary
|
||||
Please
transfer the principal (currency) of
(amount) into the following account on
day
month
year after approval according to the regulations of the loan
contract:
Bank:
Account
name:
Account
name:
Please
approve!
|
|
Applicant: (seal
for special account of fixed asset loan)
|
|
|
(day)
(month)
(year)
|
25
