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 the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender: A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative; B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode; C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral; D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc; ▇. ▇▇▇▇▇▇▇▇▇▇▇▇, directors and current senior managers are suspected of major cases or economic disputes; F. The borrower violates other contracts; G. Business difficulties and deterioration of financial situation occur; (5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors; (6) Before the repayment of the loan principal, interests and related expenses in this contract is completed, the borrower shall not distribute any dividend or bonus to its shareholders in any form; (7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association; (8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials; (9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future; (10) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status; (11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract; (12) Other items promised by the borrower.
Appears in 6 contracts
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
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 1.51.2, 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 the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender:
A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative;
B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode;
C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral;
D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc;
▇. ▇▇▇▇▇▇▇▇▇▇▇▇, directors and current senior managers are suspected of major cases or economic disputes;
F. The borrower violates other contracts;
G. Business difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors;
(6) Before the repayment of the loan principal, interests and related expenses in this contract is completed, the borrower shall not distribute any dividend or bonus to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(10) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status;
(11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(12) Other items promised by the borrower.
Appears in 4 contracts
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
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,and not violating the sanctions regulations applicable to the United Nations, China, and other countries;
(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) The purpose of the loan and the source of repayment are true and legal;
(8) 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 A.its asset-liability ratio of the latest single borrower and group consolidated financial statements does not exceed 4065%, the current ratio is no less than 1.5, 1; B.The loan financing balance of the borrower flow does not exceed 400 million yuan and does not exceed 25% of the current assets deducting other receivables is no less than the current liabilitiesgroup’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 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 the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender:
A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative;
B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode;
C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral;
D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc;
▇. ▇▇▇▇▇▇▇▇▇▇▇▇, directors and current senior managers are suspected of major cases or economic disputes;
F. The borrower violates other contracts;
G. Business difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors;
(6) Before the repayment of the loan principal, interests and related expenses in this contract is completed, the borrower shall not distribute any dividend or bonus to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(10) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status;
(11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(12) Cooperate with the lender in conducting due diligence work, provide and update information on the institution and its beneficial owners, and provide background information related to the transaction;
(13) Other items promised by the borrower.
Appears in 3 contracts
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
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 laundering, funding terrorism or weapons for mass destruction, tax evasion, fraud, or other illegal activities is involved, nor can the borrower violate any sanctions imposed by the United Nations, sovereigns like China, or international organizations;
(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%in the latest financial statement, the borrower and its group’s current ratio is no less than 1.51, and the current assets deducting other receivables is no less than balance of the current liabilitiesborrower’s financing exposure shall not exceed 400 million yuan and 25% of the annual income of the group’s consolidated statements;
(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 the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender:
A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative;
B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode;
C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral;
D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc;
▇. ▇▇▇▇▇▇▇▇▇▇▇▇, directors and current senior managers are suspected of major cases or economic disputes;
F. The borrower violates other contracts;
G. Business difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors;
(6) Before the repayment of the loan principal, interests and related expenses in this contract is completed, the borrower shall not distribute any dividend or bonus to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(10) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status;
(11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(1213) Other items promised by The borrower shall cooperate with the borrower.lender to carry out due diligence, provide and update the information of customers and their beneficial owners, and provide background information about the transaction;
Appears in 2 contracts
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
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,and not violating the sanctions regulations applicable to the United Nations, China, and other countries;
(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) The purpose of the loan and the source of repayment are true and legal;
(8) 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 A.its asset-liability ratio of the latest single borrower and group consolidated financial statements does not exceed 4065%, the current ratio is no less than 1.5, 1; B.The loan financing balance of the borrower flow does not exceed 400 million yuan and does not exceed 25% of the current assets deducting other receivables is no less than the current liabilitiesgroup’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 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 the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender:
A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative;
B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode;
C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral;
D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc;
▇. ▇▇▇▇▇▇▇▇▇▇▇▇E. Shareholders, directors and current senior managers are suspected of major cases or economic disputes;
F. The borrower violates other contracts;
G. Business difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors;
(6) Before creditors;Moreover, from the effective date of this contract until the repayment of the loan principal, interests interest, and related expenses under this contract, the borrower shall not repay the loan to the borrower’s shareholders;
(6) When the net profit after tax of the relevant accounting year is zero or negative, or the profit after tax is insufficient to cover the accumulated losses of previous accounting years, or the profit before tax is not used to repay the principal, interest, and expenses that the borrower should repay in this contract that accounting year, or the profit before tax is completedinsufficient to repay the next period of principal, interest, and expenses, the borrower shall not distribute any dividend dividends or bonus bonuses to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(10) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status;
(11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(12) Cooperate with the lender in conducting due diligence work, provide and update information on the institution and its beneficial owners, and provide background information related to the transaction;
(13) Other items promised by the borrower.
Appears in 2 contracts
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
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 1.51.2, 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 's rights and other matters that may adversely affect the borrower’s 's solvency, the borrower shall obtain the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender:
A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative;
B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode;
C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral;
D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc;
▇. ▇▇▇▇▇▇▇▇▇▇▇▇, directors and current senior managers are suspected of major cases or economic disputes;
F. The borrower violates other contracts;
G. Business difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s 's debt to the lender is prior to that of the borrower’s 's shareholders, and is no less than that of other creditors;
(6) Before the repayment of the loan principal, interests and related expenses in this contract is completed, the borrower shall not distribute any dividend or bonus to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(10) The lender has the right to call in the loan in advance based on the borrower’s 's fund repayment status;
(11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s 's breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(12) Other items promised by the borrower.
Appears in 2 contracts
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
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 laundering, funding terrorism or weapons for mass destruction, tax evasion, fraud, or other illegal activities is involved, nor can the borrower violate any sanctions imposed by the United Nations, sovereigns like China, or international organizations;
(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%in the latest financial statement, the borrower and its group’s current ratio is no less than 1.51, and the current assets deducting other receivables is no less than balance of the current liabilitiesborrower’s financing exposure shall not exceed 400 million yuan and 25% of the annual income of the group’s consolidated statements;
(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 the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender:
A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative;
B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode;
C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral;
D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc;
▇. ▇▇▇▇▇▇▇▇▇▇▇▇, directors and current senior managers are suspected of major cases or economic disputes;
F. The borrower violates other contracts;
G. Business difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors;
(6) Before the repayment of the loan principal, interests and related expenses in this contract is completed, the borrower shall not distribute any dividend or bonus to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(1011) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status;
(1112) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(1213) The borrower shall cooperate with the lender to carry out due diligence, provide and update the information of customers and their beneficial owners, and provide background information about the transaction;
(14) Other items promised by the borrower.
Appears in 2 contracts
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD), Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
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,and not violating the sanctions regulations applicable to the United Nations, China, and other countries;
(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) The purpose of the loan and the source of repayment are true and legal;
(8) 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 A.its asset-liability ratio of the latest single borrower and group consolidated financial statements does not exceed 4065%, the current ratio is no less than 1.5, 0.85; B.The loan financing balance of the borrower flow does not exceed 400 million yuan and does not exceed 25% of the current assets deducting other receivables is no less than the current liabilitiesgroup’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 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 the written consent of the lender in advance; In case of the following circumstances, the borrower shall timely notify the lender:
A. There are changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representative;
B. There are any forms of joint venture, cooperation, contracted operation, restructuring, IPO plans and other changes in the operation mode;
C. The borrower or the guarantor is involved in major litigation or arbitration cases, property or collateral is sealed up, detained or supervised, or new security is set on collateral;
D. The borrower is to close down, dissolve, liquidate, have its business license revoked, or apply for bankruptcy, etc;
▇. ▇▇▇▇▇▇▇▇▇▇▇▇E. Shareholders, directors and current senior managers are suspected of major cases or economic disputes;
F. The borrower violates other contracts;
G. Business difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors;
(6) Before creditors;Moreover, from the effective date of this contract until the repayment of the loan principal, interests interest, and related expenses under this contract, the borrower shall not repay the loan to the borrower’s shareholders;
(6) When the net profit after tax of the relevant accounting year is zero or negative, or the profit after tax is insufficient to cover the accumulated losses of previous accounting years, or the profit before tax is not used to repay the principal, interest, and expenses that the borrower should repay in this contract that accounting year, or the profit before tax is completedinsufficient to repay the next period of principal, interest, and expenses, the borrower shall not distribute any dividend dividends or bonus bonuses to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(10) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status;
(11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(12) Cooperate with the lender in conducting due diligence work, provide and update information on the institution and its beneficial owners, and provide background information related to the transaction;
(13) Other items promised by the borrower.
Appears in 1 contract
Sources: Working Capital Loan Contract (SHENGFENG DEVELOPMENT LTD)
Declaration and Commitment. 1. 12.1 The borrower hereby declares thatrecipient’s declaration is as follows:
(1) The borrower recipient is lawfully registered and exists legallyin legal existence, and has the full capacity and for civil rights and acts necessary to conduct the signing enter into and performing of perform this contractagreement;
(2) The signing execution and performance of this contract is Agreement are based on the true intention of the borrower. The borrower Trustee, who has obtained legal and effective authorizationvalid authorization as required by its articles of association or other internal management documents, and will not violate any agreementagreements, contract or contracts and other legal documents that are binding on the borrowerTrustee; The borrower the Trustee has obtained or will obtain all relevant approvalapprovals, permissionlicenses, records filings or registrations necessary for the execution and registration required for signing and performing performance of this contractAgreement;
(3) All documentsThe transaction background of the beneficiary’s application for conducting business with the creditor is true and legal, financial statements, vouchers and other information provided by the borrower to the lender is not used for this contract are true, complete, accurate and effectiveillegal purposes such as money laundering;
(4) The transaction background provided by recipient has not concealed from the borrower is true grantor events that may affect its and legal, the guarantor’s financial conditions and no money laundering or other illegal activities is involvedperformance capabilities;
(5) The borrower does trustee and any of its shareholders or affiliated companies are not conceal from the lender involved in any event liquidation, bankruptcy, reorganization, merger (being merged), division, reorganization, dissolution, capital reduction or similar legal proceedings, nor has any situation that may affect the financial status and performance ability of the borrower and the guarantorlead to such legal proceedings occurred;
(6) The borrower and the loan projects meet the national environmental protection standardsrecipient is not involved in any economic, and there is no risk of energy over-consumption civil, criminal, administrative litigation proceedings or pollution identified by the national departmentssimilar arbitration proceedings that may have a significant adverse impact on it, nor has any circumstance occurred that may lead it to be involved in such litigation proceedings or similar arbitration proceedings;
(7) Other matters declared by None of the borrowersignificant assets of the trustee are subject to any compulsory enforcement, seizure, seizure, freezing, lien, supervision measures, etc. Nor has any situation that might lead to the application of such measures occurred.
2. 12.2 The borrower promisesrecipient undertakes as follows:
(1) To provide Fulfill the responsibility of payment and settlement to the grantee in a timely manner;
(2) Report its financial statements (including but not limited to annual reportreports, quarterly report reports and monthly reportreports) and other relevant information materials to the lender on regularly or in a regular or timely basismanner as required by the lender; The the borrower shall remain to meet ensure that it continuously meets the following financial index requirements: its asset-liability ratio does not exceed 40%, indicators required by the current ratio is no less than 1.5, and the current assets deducting other receivables is no less than the current liabilitieslender;
(23) The loan project of the trustee and the borrowing matters under this agreement comply with the requirements of laws and regulations;
(4) If the borrower recipient has entered into or will enter into a counter guarantee agreement or similar agreement with the guarantor as of this contractagreement regarding its guarantee obligations, the such agreement will not damage any prejudice the rights of the lendergrantee under this agreement;
(35) To accept Accept the credit inspection and supervision of the lender with creditor and provide sufficient assistance and cooperation; If if the borrower adopts debtor makes the independent payment methodindependently, it shall regularly summarize and report to the lender; The summary report shall be a monthly reportpayment and usage of the borrowed funds as required by the creditor;
(46) In case If circumstances that may affect the financial condition and performance ability of mergerthe recipient or guarantor occur, divisionincluding but not limited to mergers, divisions, capital reduction, equity transfer, foreign investment, substantial increase in debt financing, major transfer of major assets and creditor’s rights rights, and other matters that may adversely affect have an adverse impact on the borrowerrecipient’s solvencydebt-paying ability, the borrower shall obtain the written consent of the lender must be obtained in advance; ;
(7) In case the event of the following circumstances, the borrower trustee shall timely promptly notify the lendertrustor:
A. There are changes a. Changes in the borrower or guarantor’s articles of association, business scope, registered capital and legal representativerepresentative of the recipient or guarantor company;
B. There are b. Undertake any forms form of joint venture, foreign equity joint venture, cooperation, contracted contractual operation, reorganization, restructuring, IPO plans and planned listing, or any other changes in the operation modebusiness methods;
C. The borrower or the guarantor is involved c. Involvement in major litigation or arbitration cases, or the seizure, seizure or supervision of property or collateral is sealed up, detained or supervisedcollateral, or the establishment of new security is set guarantees on the collateral;
D. The borrower is to close downd. Suspension of business, dissolvedissolution, liquidateliquidation, have its suspension for rectification, revocation, revocation of business license revokedlicense, or apply application for bankruptcy, etc;.
▇. ▇▇▇▇▇▇▇▇▇▇▇▇e. Shareholders, directors and current senior managers management personnel are suspected of being involved in major cases or economic disputes;
F. f. The borrower violates trustee has a default event under other contracts;
G. Business g. There are situations such as operational difficulties and deterioration of financial situation occur;
(5) The repayment order of the borrower’s debt to the lender is prior to that of the borrower’s shareholders, and is no less than that of other creditors;
(6) Before the repayment of the loan principal, interests and related expenses in this contract is completed, the borrower shall not distribute any dividend or bonus to its shareholders in any form;
(7) The borrower shall not dispose of its own assets in a way that reduces its solvency. The borrower promises that the total amount of external guarantee shall not be more than twice of its own net assets, and that the total amount of external guarantee and the amount of single guarantee shall not exceed the limit specified in its articles of association;
(8) The borrower shall not transfer the loan fund to the account with the same account name or to the account of the related parties except for the purpose specified in this contract or with the consent of the lender. To conduct transfers as mentioned in item (8) above, the borrower must provide the lender with sufficient supporting materials;
(9) The loan conditions such as the loan interest rate, guarantee, and repayment order stated in this contract shall not be lower than those given by the borrower to any other financial institution now or in the future;
(10) The lender has the right to call in the loan in advance based on the borrower’s fund repayment status;
(11) The borrower shall provide its environmental and social risk report to the lender. The borrower undertakes to strengthen the management of environmental and social risks with the lender’s supervision. The borrower’s breach of the agreements described above is deemed as an event of default, and the lender may take remedies for breach of contract;
(12) Other items promised by the borrowerconditions.
Appears in 1 contract