Common use of Declaration and Commitment Clause in Contracts

Declaration and Commitment. The guarantor made the following declarations and commitments: 1. The guarantor shall register by law and carry out legal duration, process absolute capacity for private rights and capacity for action required to sign and implement the contract; 2. The guarantor thoroughly understands the content of the main content, so signing and implementing the contract is the guarantor’s genuine intention, for which the guarantor has got the legal and effective authorization in line with the statute or regulations of other internal administrative documents. If a company as the guarantor providing the guaranty, it has been passed by the resolution on the board of directors or board of shareholders, general meeting of stockholders according to the regulations of the company statute; when the guaranteed total amount and the single guaranteed amount are limited in the company statute, the guaranteed amount under the contract is not beyond the specified limitation. Signing and implementation of the contract shall not violate any contract, agreement or other law documents which have restricting power to the guarantor; 3. All the documents and data provided for the creditor by the guarantor shall be accurate, true, complete and effective; 4. The guarantor shall receive supervision and inspection carried out by the creditor as to production, operation and finance situation, and provide help and cooperation; 5. The guarantor does not hide the heavy debts bearing since the signing date of the contract to the creditor; 6. If the followings possibly affecting the finance and capacity to perform the contract of the guarantor occur, including but not limit to any forms of changes in schism, amalgamation, joint operation, cooperation with foreign business, cooperation, contract operation, recombination, reform, planned going to market, reduction of registered capital, grand capital or share holding transfer, bearing heavy debts, disbandment, revocation, forced into bankruptcy, etc or being involved in important lawsuits or arbitrations, the guarantor shall timely inform the creditor.

Appears in 2 contracts

Sources: Guaranty Contract of Maximum Amount (Highpower International, Inc.), Guaranty Contract of Maximum Amount (Hong Kong Highpower Technology, Inc.)