Declaration and Commitment Sample Clauses
The Declaration and Commitment clause serves to formally state the intentions, promises, or obligations of a party within an agreement. Typically, this clause requires a party to affirm certain facts or to commit to specific actions, such as adhering to agreed standards, fulfilling contractual duties, or maintaining confidentiality. Its core practical function is to provide clear, binding assurances that can be relied upon by the other party, thereby reducing uncertainty and establishing a foundation of trust in the contractual relationship.
Declaration and Commitment. 1. The borrower hereby declares that:
(1) The borrower is registered and exists legally, and has full capacity and civil rights to conduct the signing and performing of this contract;
(2) The signing and performance of this contract is based on the true intention of the borrower. The borrower has obtained legal and effective authorization, and will not violate any agreement, contract or other legal documents binding on the borrower; The borrower has obtained or will obtain all relevant approval, permission, records and registration required for signing and performing this contract;
(3) All documents, financial statements, vouchers and other information provided by the borrower to the lender for this contract are true, complete, accurate and effective;
(4) The transaction background provided by the borrower is true and legal, and no money laundering or other illegal activities is involved;
(5) The borrower does not conceal from the lender any event that may affect the financial status and performance ability of the borrower and the guarantor;
(6) The borrower and the loan projects meet the national environmental protection standards, and there is no risk of energy over-consumption or pollution identified by the national departments;
(7) Other matters declared by the borrower.
2. The borrower promises:
(1) To provide its financial statements (including but not limited to annual report, quarterly report and monthly report) and other relevant information to the lender on a regular or timely basis; The borrower shall remain to meet the following financial index requirements: its asset-liability ratio does not exceed 40%, the current ratio is no less than 1.5, and the current assets deducting other receivables is no less than the current liabilities;
(2) If the borrower has entered into or will enter into a counter guarantee agreement or similar agreement with the guarantor as this contract, the agreement will not damage any rights of the lender;
(3) To accept the credit inspection and supervision of the lender with assistance and cooperation; If the borrower adopts the independent payment method, it shall regularly summarize and report to the lender; The summary report shall be a monthly report;
(4) In case of merger, division, capital reduction, equity transfer, foreign investment, substantial increase in debt financing, transfer of major assets and creditor’s rights and other matters that may adversely affect the borrower’s solvency, the borrower shall obtain...
Declaration and Commitment. Party A declares as follows:
1. Party A exists and is legally registered. Party A has full capacity and civil rights to conduct the signing and performing of this Agreement;
2. The signing and performance of this Agreement and single agreements is based on the true intention of Party A. Party A will not violate any agreement, contract or other legal documents with its obligations in. Party A has obtained or will obtain all relevant approvals, licenses, records or registration required for signing and performing this Agreement;
3. All documents, financial statements, vouchers and other information provided by Party A to Party B for this Agreement and the single agreements are true, complete, accurate and valid;
4. The transaction background provided by Party A in the application is true and legal, and no money laundering or other illegal activities are involved;
5. Party A has not concealed any events that may affect the financial status and performance ability of Party A and the guarantor from Party B. Party A promises as follows:
1. Party A is going to provide its financial statements (including but not limited to annual report, quarterly report and monthly report) and other relevant information to Party B on a regular basis or timely as required by Party B;
2. Party A will accept and cooperate with Party B’s inspection and supervision on the use of the credit line, and on Party A’s related production, operation and financial activities;
3. If Party A and the guarantor of this Agreement sign a counter guarantee contract or a similar contract, the contract will not damage any rights of Party B in this Agreement;
4. In case of any circumstances that may affect the financial status and performance ability of Party A or the guarantor, including but not limited to any form of separation, merger, joint venture, joint venture with foreign investors, cooperation, contracted operation, reorganization, restructuring, planned listing and other changes in business methods, reduction of registered capital, transfer of major assets or equity, and assumption of major liabilities, setting up new guarantee on the collateral, sealing up, dissolution, cancellation, application for bankruptcy, or involving in major litigation or arbitration cases, Party A shall inform Party B in time;
5. The funds obtained under this Agreement and the single agreements will not be used for refinancing or purchases of other financial products for arbitrage.
6. Party A will cooperate with Part...
Declaration and Commitment. The Guarantor states and undertakes as follows:
1. The Guarantor is legally established and exists in good standing; the Guarantor has the civil rights and utter capability to execute and perform this Agreement.
2. The Guarantor fully understands the content of the Principal Agreement; the execution and performance of this Agreement is based on the Guarantor’s real intent and free will while the Guarantor has already obtained all the legal and valid authorization as required by its Articles of Association or other inner management files. If the Guarantor is a company, the provision of Guaranty hereof has already been passed by the board of directors and shareholders meeting according to the provisions of its Articles of Association; If the there are limitation provisions applicable to the guaranteed total amount and separate guaranty amount in the Articles of Association, the guaranty hereof shall not exceed the stipulated limit. Legal representative or authorized representative signing the Agreement on behalf of the Guarantor shall sign this Agreement with legal, valid authorization from the company; execution and performance of this Agreement shall not cause the Guarantor breach any Agreements, agreements or other legal documents constraining the Guarantor.
3. The Guarantor shall provide all the accurate, real, complete and valid documents and materials to the Debtor;
4. The Guarantor shall accept the Creditor’s supervision and inspection as of the production and operation condition, financial condition, and the Guarantor shall provide assistance and coordination;
5. The Guarantor does not conceal any already-taken significant liability as to the execution date hereof;
6. If there are some circumstances that may affect the Guarantor’s finance condition and performance capability, including but not limited to the division, merger, joint operation, joint venture with foreign investment, cooperation, contractual operation, reorganization, restructuring, going public and other changes of forms, registered capital decrease, transfer of significant asset or stock equity, undertaking of significant liabilities, dissolution, revocation, bankruptcy application (or be applied), or involved in major litigation or arbitration, the Guarantor shall notify the Creditor in a timely manner.
Declaration and Commitment. 1. The borrower declares as follows:
(1) The Borrower is legally registered and legally existing, and has the full capacity for civil rights and conduct required to sign and perform this contract;
(2) The signing and performance of this contract is based on the Borrower’s true intention, has obtained legal and valid authorization in accordance with the requirements of its articles of association or other internal management documents, and will not violate any agreement or contract binding on the Borrower and other legal documents; the Borrower has obtained or will obtain all relevant approvals, licenses, filings or registrations required to sign and perform this contract;
(3) All documents, financial statements, certificates and other materials provided by the Borrower to the Lender under this contract are true, complete, accurate and valid;
(4) The transaction background of the borrower’s application to the lender to describe the business is true and legal, and does not involve illegal purposes such as money laundering, terrorist financing, proliferation financing of weapons of mass destruction, tax evasion, fraud, etc., and the transaction does not involve violations of the United Nations, China or other Sanctions that the Lender considers applicable;
(5) The borrower has not concealed from the lender events that may affect its and the guarantor’s financial status and ability to perform;
(6) The borrower and the loan project meet the national environmental protection standards and are not enterprises and projects with outstanding energy consumption and pollution problems announced and identified by the relevant state departments and are not at risk of energy consumption and pollution;
(7) The / stated by the borrower.
2. The borrower undertakes as follows:
(1) Submit its financial statements (including but not limited to annual reports, quarterly reports and monthly reports) and other relevant materials to the lender on a regular or timely basis in accordance with the requirements of the lender; the borrower ensures that it continues to meet the requirements of the following financial indicators: /;
(2) If the Borrower has or will sign a counter-guarantee agreement or similar agreement with the guarantor of this contract on its guaranty obligations, such agreement will not prejudice any rights of the Lender under this contract;
(3) Accept the lender’s credit inspection and supervision, and provide sufficient assistance and cooperation; the borrower shoul...
Declaration and Commitment. The guarantor made the following declarations and commitments:
1. The guarantor shall register by law and carry out legal duration, process absolute capacity for private rights and capacity for action required to sign and implement the contract;
2. The guarantor thoroughly understands the content of the main content, so signing and implementing the contract is the guarantor’s genuine intention, for which the guarantor has got the legal and effective authorization in line with the statute or regulations of other internal administrative documents. If a company as the guarantor providing the guaranty, it has been passed by the resolution on the board of directors or board of shareholders, general meeting of stockholders according to the regulations of the company statute; when the guaranteed total amount and the single guaranteed amount are limited in the company statute, the guaranteed amount under the contract is not beyond the specified limitation. Signing and implementation of the contract shall not violate any contract, agreement or other law documents which have restricting power to the guarantor;
3. All the documents and data provided for the creditor by the guarantor shall be accurate, true, complete and effective;
4. The guarantor shall receive supervision and inspection carried out by the creditor as to production, operation and finance situation, and provide help and cooperation;
5. The guarantor does not hide the heavy debts bearing since the signing date of the contract to the creditor;
6. If the followings possibly affecting the finance and capacity to perform the contract of the guarantor occur, including but not limit to any forms of changes in schism, amalgamation, joint operation, cooperation with foreign business, cooperation, contract operation, recombination, reform, planned going to market, reduction of registered capital, grand capital or share holding transfer, bearing heavy debts, disbandment, revocation, forced into bankruptcy, etc or being involved in important lawsuits or arbitrations, the guarantor shall timely inform the creditor.
Declaration and Commitment. The Guarantor hereby declares and commits:
1. The Guarantor has been duly registered and validly existing and has the full capacity for civil conduct and behavioral competence to sign and perform this Contract;
2. The Guarantor has fully understood the contents of the Master Contract. Conclusion and performance of this Contract is based on the Guarantor’s real intention. The Guarantor has obtained legitimate and effective authorization in accordance with this Articles of Association or the requirements of other internal management files. The Guarantor, if a company, shall ensure provision of the guarantee has been approved by the board of directors or the shareholders’ committee, or the resolution of shareholders’ meeting in accordance with the Articles of Association. It there is limit under the Articles of Association for the total amount guaranteed and the amount of single item guaranteed, the guarantee under this Contract does not exceed the stipulated limit. Conclusion and performance of this Contract shall not violate any contract, agreement or other legal documents which are binding upon the Guarantor;
3. All documents and materials that the Guarantor provides the Creditor are accurate, true, complete and valid;
4. The Guarantor shall accept, assist and coordinate the Creditor’s supervision and examination on the Guarantor’s production and operation conditions and financial status;
5. The Guarantor has not concealed the Creditor of any significant liability undertaken prior to the date of signature of this Contract;
6. In case of any situations possibly affecting the Guarantor’s financial status and contract performance capacity, including but not limited to dismantlement, merger or joint cooperation by any means, or joint investment or cooperation with foreigners, contractual operation, reorganization, reformation, promotion planning and change of other business mode, reduce of registered capital, transfer of significant assets or shares, significant liabilities undertaken, dissolution, revoke, (being filed) filing for bankruptcy, or in case of major litigation or arbitration case, the Guarantor shall timely notify the Creditor.
Declaration and Commitment. 1. The borrower hereby declares that:
(1) The borrower is registered and exists legally, and has full capacity and civil rights to conduct the signing and performing of this contract;
(2) The signing and performance of this contract is based on the true intention of the borrower. The borrower has obtained legal and effective authorization, and will not violate any agreement, contract or other legal documents binding on the borrower; The borrower has obtained or will obtain all relevant approval, permission, records and registration required for signing and performing this contract;
(3) All documents, financial statements, vouchers and other information provided by the borrower to the lender for this contract are true, complete, accurate and effective;
(4) The transaction background of the borrower’s application to engage in business with the lender is true and legal, and does not involve illegal purposes such as money laundering, terrorist financing, financing for the proliferation of weapons of mass destruction, tax evasion, fraud, etc., and does not violate the United Nations, China, and other applicable sanctions regulations;
(5) The transaction background provided by the borrower is true and legal, and no money laundering or other illegal activities is involved;
(6) The borrower does not conceal from the lender any event that may affect the financial status and performance ability of the borrower and the guarantor;
(7) The borrower and the loan projects meet the national environmental protection standards, and there is no risk of energy over-consumption or pollution identified by the national departments;
(8) The purpose of the loan and the source of repayment are true and legal;
(9) Other matters declared by the borrower.
2. The borrower promises:
(1) To provide its financial statements (including but not limited to annual report, quarterly report and monthly report) and other relevant information to the lender on a regular or timely basis; The borrower shall remain to meet the following financial index requirements: A.its asset-liability ratio of the latest single borrower and group consolidated financial statements does not exceed 65%, the current ratio is no less than 0.85; B.The loan financing balance of the borrower flow does not exceed 400 million yuan and does not exceed 25% of the group’s consolidated annual income;
(2) If the borrower has entered into or will enter into a counter guarantee agreement or similar agreement with the guarantor as ...
Declaration and Commitment. The guarantor represents and undertakes as follows:
1. The guarantor has the capacity of civil rights required to sign and perform the contract; The guarantor has the financial ability to perform the guarantee responsibilities under the contract;
2. The guarantor fully understands the contents of the main contract, and the signing and performance of this contract is based on the guarantor’s true intention;
3. The execution and performance of this contract will not violate any contract, agreement or other legal document binding on the guarantor;
4. All documents and information provided by the guarantor to the creditor are accurate, true, complete and effective;
5. The guarantor accepts the supervision and inspection of its financial condition by the creditor, and is willing to provide assistance and cooperation;
6. The guarantor has not concealed any major liabilities from the creditor that have been undertaken as of the date of signing the contract;
7. If any circumstance may affect the guarantor’s financial condition and performance capability, including but not limited to property reduction, transfer, gift, debt bearing, major disease, etc., or involving in major litigation or arbitration cases, the guarantor shall notify the creditor in time.
8. The guarantor promises that the source of funds is legal, and the transaction does not violate the United Nations, China, and other applicable sanctions regulations. The guarantor shall cooperate with the creditor in conducting due diligence work, providing and updating customer information and transaction background information.
Declaration and Commitment. 1. The borrower declares as follows:
(1) The borrower is registered and validly existing in accordance with the law, and has full civil rights and behavioral capacity required to sign and perform this contract;
(2) The signing and performance of this contract is based on the borrower’s true expression of intention, and it has obtained legal and effective authorization in accordance with its articles of association or other internal management documents, and will not violate any agreements, contracts, and other legal documents that are binding on the borrower. The borrower has obtained or will obtain all necessary approvals, permits, filings or registrations for the signing and performance of this contract;
(3) All documents, financial statements, vouchers, and other information provided by the borrower to the lender under this contract are true, complete, accurate, and valid;
(4) The transaction background of the borrower’s application to engage in business with the lender is true and legal, and does not involve illegal purposes such as money laundering, terrorist financing, financing for the proliferation of weapons of mass destruction, tax evasion, fraud, etc., and does not violate the sanctions regulations applicable to the United Nations, China, and other countries;
(5) The borrower has not concealed any events that may affect its and the guarantor’s financial condition and performance ability from the lender;
(6) The borrower and loan project meet the national environmental protection standards, are not among the enterprises and projects pronounced and deemed by the relevant national authorities as having prominent energy consumption and pollution problems without effective rectification, and there is no energy consumption and pollution risk;
(7) The purpose of the loan and the source of repayment are true and legal;
(8) Other matters declared by the borrower: / .
2. The borrower undertakes as follows:
(1) According to the requirements of the lender, the borrower shall regularly or promptly submit its financial statements (including but not limited to annual, quarterly, and monthly reports) and other relevant information to the lender. The borrower ensures that it continues to meet the following financial indicators: / ;
(2) If the borrower has signed or will sign a counter guarantee agreement or similar agreement with the guarantor of this contract regarding its guarantee obligations, such agreement will not prejudice any rights of the lender under t...
Declaration and Commitment