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 Party B to carry out due diligence, provide and update the information of customers and their beneficiaries, and provide background information about the transaction. 7. Party A shall provide its environmental and social risk report to Party B. Party A declares and guarantees to strengthen the environmental and social risk management, and undertakes to accept the supervision of Party B. Party A’s violation of the above agreement shall constitute or be deemed as an event of default under this agreement, and Party B may take remedy measures for breach of contract in accordance with this agreement. 8. If Party A has plans to increase external financing, provide external guarantee (including guarantee, mortgage, etc.), or carry out shareholders’ dividends and repay shareholders’ loans, party A must inform Party B in advance and obtain Party B’s consent, otherwise Party B has the right to request to recover the loan in advance. 9. The purpose of the credit is limited to Party A’s daily payment of fuel fee, road and bridge fee, combined transportation fee, vehicle maintenance fee, etc. If it is used to pay for combined transportation fee to Party A’s subsidiaries, the following requirements shall be implemented: (1) The amount of loans used under related party transactions shall not exceed 40 million yuan, and the accumulated use shall not exceed 70% of the income of corresponding subsidiaries in the same period or the same period of last year; (2) When drawing the loan, Party A shall provide Party B with the combined transport contract signed with the subsidiary, the VAT invoice, and relevant supporting materials for the purpose of external payment of the subsidiary; (3) When Party A’s subsidiary receives the loan funds, it shall use the funds on the purpose that was notified to Party B in advance. The purpose is limited to daily operation, payment of fuel, road and bridge fees, combined transport fees, vehicle maintenance fees, etc. Party A shall provide Party B with the corresponding payment voucher on the next day; (4) Within 2 months after the loan is granted, Party A shall provide Party B with the invoice related to the use of the subsidiary’s funds as evidence; 10. Party A promises that the settlement amount with Party B (direct or indirect) matches the credit line amount, and the credit balance does not exceed 70% of the debit amount in the previous quarter. In principle, the assessment of settlement is based on the group standard. The funds shall be used for Party A’s daily operation, repayment of financing, etc. Party A shall declare to Party B for the purpose when making external payments. 11. Party A agrees with the financial constraints as follows: (1) the current ratio of Party A and its group in the latest financial statement shall not be less than 1; (2) the balance of Party A’s financing exposure shall not exceed 400 million yuan and shall not exceed 25% of the annual income of its group’s consolidated financial statement. If any of the above conditions are not met, Party B has the right to reduce the credit balance to less than 50 million yuan, and consider further measures as needed. 12. For matters not mentioned in this Agreement and the single agreements, Party A agrees to handle them in accordance with relevant regulations and business practices of Party B.
Appears in 3 contracts
Sources: Credit Line Agreement (SHENGFENG DEVELOPMENT LTD), Credit Line Agreement (SHENGFENG DEVELOPMENT LTD), Credit Line Agreement (SHENGFENG DEVELOPMENT LTD)
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 Party B to carry out due diligence, provide and update the information of customers and their beneficiaries, and provide background information about the transaction.
7. Party A shall provide submit its environmental and social risk report to Party B. Party A declares and guarantees to strengthen the environmental and social risk management, and undertakes to accept the supervision of Party B. Party A’s violation of the above agreement shall constitute or be deemed as an event of default under this agreement, and Party B may take remedy remedial measures for breach of contract in accordance with this agreement.
86. If Party A has plans to increase external financing, provide external guarantee (including guarantee, mortgage, etc.), or carry out shareholders’ dividends and repay shareholders’ loans, party A must inform Party B in advance and obtain Party B’s consent, otherwise Party B has the right to request to recover the loan in advance.
97. The purpose of the credit is limited to Party A’s daily operation, payment of fuel fee, road and bridge fee, combined transportation fee, vehicle maintenance fee, etc. If it is used to pay for combined transportation fee to Party A’s subsidiaries, the transaction counter parties are limited to the five subsidiaries in Suzhou, Guangdong, Hangzhou, Xiamen and Hubei and meanwhile, the following requirements shall be implemented:
(1) The amount of loans used under related party transactions shall not exceed 40 50 million yuan, and the accumulated use shall not exceed 70% of the income of corresponding subsidiaries in the same period or the same period of last year;
(2) When drawing the loan, Party A shall provide Party B with the combined transport contract signed with the subsidiary, the VAT invoice, and relevant supporting materials for the purpose of external payment of the subsidiary;
(3) When Party A’s subsidiary receives the loan funds, it shall use the funds on the purpose that was notified to Party B in advance. The purpose is limited to daily operation, payment of fuel, road and bridge fees, combined transport fees, vehicle maintenance fees, etc. Party A shall provide Party B with the corresponding payment voucher on the next day;
(4) Within 2 months after the loan is granted, Party A shall provide Party B with the invoice related to the use of the subsidiary’s funds as evidence;
108. Party A promises that the settlement amount with Party B (direct or indirect) matches the credit line amount, and the credit balance does not exceed 70% of the debit amount in the previous quarter. In principle, the assessment of settlement is based on the group standard. The funds shall be used for Party A’s daily operation, repayment of financing, etc. Party A shall declare to Party B for the purpose when making external payments.
11. Party A agrees with the total short-term financing in all financial constraints as follows: (1) the current ratio of Party A and its group in the latest financial statement shall not be less than 1; (2) the balance of Party A’s financing exposure shall not exceed 400 million yuan and institutions shall not exceed 25% of the its annual income of its group’s consolidated financial statement. If any of the above conditions are not metincome, otherwise Party B has the right to reduce the credit balance line.
9. Party A agrees Party B to set the financial constraint indicators as: the asset-liability ratio shall not exceed 40%, the current ratio shall not be less than 50 million yuan1.2, and consider the current assets deducting other receivables shall not be less than the current liabilities. If these indicators are triggered, Party A agrees that Party B controls the credit line within the scope of full mortgage, and further measures as neededreduces the credit line according to the situation.
10. According to the requirements of Party B, Party A promises to transfer the funds from the payment collection account to the settlement account opened in Party B each week; Party A agrees that the business volume of Party A’s settlement account opened in Party B shall be assessed quarterly from three months after the activation of the credit. If the credit amount and deposit share of the settlement account opened in Party B do not match the credit share, and if the credit balance exceeds 70% of the credit amount in the previous quarter, Party B has the right to recover the credit funds or reduce the credit line.
11. The payment collected by Party A in Party B’s settlement account can only be used for daily operating expenses. If it is transferred to other bank’s account with the same name or related party, and if it makes payment to related party, Party A shall provide Party B with materials to prove the use of funds and the necessity of payment.
12. For matters not mentioned in this Agreement and the single agreements, Party A agrees to handle them in accordance with relevant regulations and business practices of Party B.
Appears in 2 contracts
Sources: Credit Line Agreement (SHENGFENG DEVELOPMENT LTD), Credit Line Agreement (SHENGFENG DEVELOPMENT LTD)
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 approvalsapproval, licenseslicense, records record 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 under this Agreement and the single agreements are true, complete, accurate and valid;
4. The transaction background provided by of Party A in the A’s application to Party B is true and legal, and no it is not used for money laundering or and other illegal activities are involvedpurposes;
5. Party A has does not concealed conceal from Party B any events that may affect the financial status and performance ability of Party A and the guarantor from Party B. guarantor. Party A promises as follows:
1. Party A is going to provide submit 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 regularly or timely as required by according to Party B’s requirements;
2. Party A will accept and cooperate with Party B’s inspection and supervision on the use of the credit line, lines and on Party A’s related production, operation and financial activities;
3. If Party A and the guarantor of this Agreement agreement sign a counter guarantee contract or a similar contract, the contract will not damage any rights of Party B in under this Agreement;
4. In case of any circumstances that may affect the financial status and performance ability capability 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 Party B to carry out due diligence, provide and update the information of customers and their beneficiaries, and provide background information about the transaction.
7. Party A shall provide its environmental and social risk report to Party B. Party A declares and guarantees to strengthen the environmental and social risk management, and undertakes to accept the supervision of Party B. Party A’s violation of the above agreement shall constitute or be deemed as an event of default under this agreement, and Party B may take remedy remedial measures for breach of contract in accordance with this agreement.
86. If Party A has plans to increase external financing, provide external guarantee (including guarantee, mortgage, etc.), or carry out shareholders’ dividends and repay shareholders’ loans, party A must inform Party B in advance and obtain Party B’s consent, otherwise Party B has the right to request to recover the loan in advance.
97. The purpose of the credit is limited to Party A’s daily operation, payment of fuel fee, road and bridge fee, combined transportation fee, vehicle maintenance fee, etc. If it is used to pay for combined transportation fee to Party A’s subsidiaries, the transaction counter parties are limited to the five subsidiaries in Suzhou, Guangdong, Hangzhou, Xiamen and Hubei and meanwhile, the following requirements shall be implemented:
(1) The amount of loans used under related party transactions shall not exceed 40 50 million yuan, and the accumulated use shall not exceed 70% of the income of corresponding subsidiaries in the same period or the same period of last year;
(2) When drawing the loan, Party A shall provide Party B with the combined transport contract signed with the subsidiary, the VAT invoice, and relevant supporting materials for the purpose of external payment of the subsidiary;
(3) When Party A’s subsidiary receives the loan funds, it shall use the funds on the purpose that was notified to Party B in advance. The purpose is limited to daily operation, payment of fuel, road and bridge fees, combined transport fees, vehicle maintenance fees, etc. Party A shall provide Party B with the corresponding payment voucher on the next day;
(4) Within 2 months after the loan is granted, Party A shall provide Party B with the invoice related to the use of the subsidiary’s funds as evidence;
10. Party A promises that the settlement amount with Party B (direct or indirect5) matches the credit line amount, and the credit balance does not exceed 70% of the debit amount in the previous quarter. In principle, the assessment of settlement is based on the group standard. The funds shall be used for If Party A’s daily operationloan funds return, repayment of financing, etc. Party A shall declare to Party B or the proof materials for the purpose when making external paymentsof credit are insufficient, Party B has the right to request to recover the corresponding loan in advance.
118. Party A agrees with the financial constraints as follows: (1) the current ratio of Party A and its group in the latest financial statement shall not be less than 1; (2) the balance of Party A’s total short-term financing exposure shall not exceed 400 million yuan and in all financial institutions shall not exceed 25% of the its annual income of its group’s consolidated financial statement. If any of the above conditions are not metincome, otherwise Party B has the right to reduce the credit balance line.
9. Party A agrees Party B to set the financial constraint indicators as: the asset-liability ratio shall not exceed 40%, the current ratio shall not be less than 50 million yuan1.5, and consider the current assets deducting other receivables shall not be less than the current liabilities. If these indicators are triggered, Party A agrees that Party B controls the credit line within the scope of full mortgage, and further measures as neededreduces the credit line according to the situation.
10. According to the requirements of Party B, Party A promises to transfer the funds from the payment collection account to the settlement account opened in Party B each week; Party A agrees that the business volume of Party A’s settlement account opened in Party B shall be assessed quarterly from three months after the activation of the credit. If the credit amount and deposit share of the settlement account opened in Party B do not match the credit share, and if the credit balance exceeds 70% of the credit amount in the previous quarter, Party B has the right to recover the credit funds or reduce the credit line.
11. The payment collected by Party A in Party B’s settlement account can only be used for daily operating expenses. If it is transferred to other bank’s account with the same name or related party, and if it makes payment to related party, Party A shall provide Party B with materials to prove the use of funds and the necessity of payment.
12. For matters not mentioned in this Agreement and the single agreements, Party A agrees to handle them in accordance with relevant regulations and business practices of Party B.
Appears in 2 contracts
Sources: Credit Line Agreement (SHENGFENG DEVELOPMENT LTD), Credit Line Agreement (SHENGFENG DEVELOPMENT LTD)
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. B.
6. The purpose of the loan and the source of repayment are true and legal. 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,used for illegally adding implicit local government debts.
6. Party A will cooperate with Party B to carry out due diligence, provide and update the information of customers and their beneficiaries, and provide background information about the transaction.
7. Party A shall provide its environmental and social risk report to Party B. Party A declares and guarantees to strengthen the environmental and social risk management, and undertakes to accept the supervision of Party B. Party A’s violation of the above agreement shall constitute or be deemed as an event of default under this agreement, and Party B may take remedy measures for breach of contract in accordance with this agreement.
8. If Party A has plans to increase external financing, provide external guarantee (including guarantee, mortgage, etc.), or carry out shareholders’ dividends and repay shareholders’ loans, party A must inform Party B in advance and obtain Party B’s consent, otherwise Party B has the right to request to recover the loan in advance.
9. The credit guarantee method and mortgage rate provided by Party A to Party B are not inferior to those provided by Party A to other financial institutions.
10. The purpose of the credit is limited to Party A’s daily payment of fuel fee, road and bridge fee, combined transportation fee, vehicle maintenance fee, etc. If it is used to pay for combined transportation fee to Party A’s subsidiaries, the following requirements shall be implemented:
(1) The amount of loans used under related party transactions shall not exceed 40 million yuan, and the accumulated use cumulative payment amount within the past 12 months shall not exceed 70% of the income of corresponding subsidiaries in the same period or the same period of last year;subsidiary’s annual income.
(2) When drawing the loan, Party A shall provide Party B with the combined transport contract signed with the subsidiary, the VAT invoice, and relevant supporting materials for the purpose of external payment of the subsidiary;
(3) When Party A’s subsidiary receives the loan fundsfunds within one week, it shall use the funds on the purpose that was notified to Party B in advance. The purpose is limited to daily operation, payment of fuel, road and bridge fees, combined transport fees, vehicle maintenance fees, etc. Party A shall provide Party B with the corresponding payment voucher on the next dayvouchers in a timely manner after payment;
(4) Within 2 months after the loan is granted, Party A shall provide Party B with the invoice related to the use of the subsidiary’s funds as evidence; If the aforementioned requirements are not met, Party B has the right to withdraw the credit in advance and adjust the credit strategy according to the situation.
11. The first party controls the total credit balance of the second party’s exposure within the scope of the collateral value;
1012. Party A promises that the settlement amount with Party B (direct or indirect) matches the credit line amount, and the credit balance does not exceed 70% of the debit amount in the previous quarter. In principle, the assessment of settlement is based on the group standard. The funds shall be used for Party A’s daily operation, repayment of financing, etc. Party A shall declare to Party B for the purpose when making external payments.
1113. Party A agrees with the financial constraints as follows: :
(1) the current ratio of Party A and its group in the latest financial statement shall not be less than 10.85,and the asset liability ratio shall not exceed 65%; (2) the balance of Party A’s financing exposure shall not exceed 400 million yuan and shall not exceed 25% of the annual income of its group’s consolidated financial statement. If any of the above conditions are not met, Party B has the right to reduce the credit balance to less than 50 million yuan, and consider further measures as needed.
1214. For matters not mentioned in this Agreement and the single agreements, Party A agrees to handle them in accordance with relevant regulations and business practices of Party B.
Appears in 1 contract
Declaration and Commitment. 10.1 Party A declares as follows:
1. Party A exists has carefully read this Contract and is legally registeredhas fully understood and accepted the content of this Contract. Party A has full capacity signed and civil rights promised to conduct the signing perform this Contract of his own free will, and performing of this Agreement;has truly expressed his meanings.
2. The signing and performance of this Agreement and single agreements is based on the true intention of Party A. 10.2 Party A will not violate any agreementguarantees to use the loan for a purpose which is proper and lawful, contract or and to abide by laws in his business operation.
10.3 Party A shall provide Party B, on quarterly basis, with information about his financial and accounting status, production and business status, and other legal documents with its obligations inrelevant written explanatory statements. Party A has obtained or will obtain all relevant approvalsshall actively cooperate Party B in and conscientiously accept the inspection and surveillance of Party B over his production and business operation, licenseshis financial activities, records or registration required for signing and performing the use of the loan amount under this Agreement;
3Contract. All the documents, financial statementsmaterials, statements and vouchers and other information provided by Party A to Party B for under this Agreement and the single agreements Contract are true, complete, accurate correct and valid;effective.
4. The transaction background provided by 10.4 Party A, during the valid period of the loan, shall promptly keep Party B informed of any change in the name, the legal representative (chief), address and business scope of Party A.
10.5 Party A shall give Party B a 30-day written notice and demand a proper performance of settlement of and guarantee for the debt, in case of an occurrence to Party A, during the valid period of the loan, that may sufficiently affect the realization of the creditor’s right of Party B, including decrease in registered capital, contracting, lease, stock system reformation, cooperated business operation, re-grouping, merge, branching, joint venture, application is true and legalfor suspension of business for rehabilitation, application for dissolution of business, and no money laundering or other illegal activities are involved;application for bankruptcy.
5. 10.6 Party A has not concealed shall give Party B an immediate written notice and demand a proper performance of settlement of and guarantee for the debt, in case of an occurrence to Party A, during the valid period of the loan, that may cause a significant unfavorable impact on the his ability to clear up his debt, including suspension of production, close-down of business, cancellation of registration, withdrawal of business license, engagement of the board director, stockholder, authorized representative or business chief in an illegal activity or involvement in major procedural activity, serious frustration in business, and worsening of financial status.
10.7 Party A, who intends to provide guarantee, mortgage, hypothecation or any events other form of guarantee that may affect the financial status and performance ability creditor’s claim 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 reportB, quarterly report and monthly report) and other relevant information to shall ask Party B on a regular basis or timely as required by Party B;first for consent in writing.
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, 10.8 Party A shall inform Party B undertake the expenses involved 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 Party B to carry out due diligenceContract, provide and update the information of customers and their beneficiaries, and provide background information about the transaction.
7. Party A shall provide its environmental and social risk report to Party B. Party A declares and guarantees to strengthen the environmental and social risk management, and undertakes to accept the supervision of Party B. Party A’s violation of the above agreement shall constitute or be deemed as an event of default under this agreement, and Party B may take remedy measures for breach of contract in accordance with this agreement.
8. If Party A has plans to increase external financing, provide external guarantee (including guarantee, mortgage, etc.), or carry out shareholders’ dividends and repay shareholders’ loans, party A must inform Party B in advance and obtain Party B’s consent, otherwise Party B has the right to request to recover the loan in advance.
9. The purpose of the credit is limited to Party A’s daily payment of fuel attorney fee, road and bridge insurance fee, combined transportation appraisal fee, vehicle maintenance registration fee, etc. If it is used to pay for combined transportation care-taking service charge, verification fee to Party A’s subsidiaries, the following requirements shall be implemented:
(1) The amount of loans used under related party transactions shall not exceed 40 million yuan, and the accumulated use shall not exceed 70% of the income of corresponding subsidiaries in the same period or the same period of last year;
(2) When drawing the loan, Party A shall provide Party B with the combined transport contract signed with the subsidiary, the VAT invoice, and relevant supporting materials for the purpose of external payment of the subsidiary;
(3) When Party A’s subsidiary receives the loan funds, it shall use the funds on the purpose that was notified to Party B in advance. The purpose is limited to daily operation, payment of fuel, road and bridge fees, combined transport fees, vehicle maintenance fees, etc. Party A shall provide Party B with the corresponding payment voucher on the next day;
(4) Within 2 months after the loan is granted, Party A shall provide Party B with the invoice related to the use of the subsidiary’s funds as evidence;
10. Party A promises that the settlement amount with Party B (direct or indirect) matches the credit line amount, and the credit balance does not exceed 70% of the debit amount in the previous quarter. In principle, the assessment of settlement is based on the group standard. The funds shall be used for Party A’s daily operation, repayment of financing, etc. Party A shall declare to Party B for the purpose when making external paymentsnotarization fee.
11. Party A agrees with the financial constraints as follows: (1) the current ratio of Party A and its group in the latest financial statement shall not be less than 1; (2) the balance of Party A’s financing exposure shall not exceed 400 million yuan and shall not exceed 25% of the annual income of its group’s consolidated financial statement. If any of the above conditions are not met, Party B has the right to reduce the credit balance to less than 50 million yuan, and consider further measures as needed.
12. For matters not mentioned in this Agreement and the single agreements, Party A agrees to handle them in accordance with relevant regulations and business practices of Party B.
Appears in 1 contract