Common use of Entrusted payment Clause in Contracts

Entrusted payment. 3.4.3.1.1 In case one of the following circumstances exists, the borrower shall commission the lender to pay the loan to the counterparty of the borrower that is in line with this contract and agreed purpose in the business contract related to use of the loan: (1) The payment object is definite and the amount of one single withdrawal exceeds 90% of the loan amount; (2) The payment object is definite and the amount of one single withdrawal exceeds RMB Nine million (including the equivalence of foreign currency); (3) Other circumstance agreed between the two parties: N/A 3.4.3.1.2 In case entrusted payment is used, the borrower shall submit to the lender around three days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loan. After they are examined and confirmed, the lender will pay the loan directly to the counterparty of the borrower through the account of the borrower. In case the withdrawal application of the borrower is not in line with withdrawal conditions hereunder, or the application of entrusted payment has inconformity with the contract, incomplete or untrue trading materials or other circumstances, the lender could refuse to issue or pay the corresponding loan. The lender assumes no liability for borrower’s breach of contract with his counterparty or other losses. The lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete payment information provided by the borrower. 3.4.3.1.3 In case the borrower applies to defer or withdraw the entrusted payment, he shall file the application to the lender in writing before the payment is made by the lender; the entrusted payment will be suspended and corresponding loan could be taken back after it is examined and confirmed by the lender. In this period, interest shall be calculated as agreed hereunder for the corresponding loan. In case the borrower wants to resume the entrusted payment after it is suspended, he shall handle it as agreed in Subparagraph 3.4.3.1.2. 3.4.3.1.4 Payment entrustment shall be attached no conditions. In case the borrower attaches conditions in the “Entrusted Payment Notice”, the conditions shall bring no obligations to the lender. Unless otherwise agreed in writing between the two parties, the lender bears no obligations of informing the borrower when handling entrusted payment, payment suspension, payment withdrawal, payment resumption and other issues. 3.4.3.1.5 In case entrusted payment is used, the lender has the right of restricting the payment acts through and withdrawal function of online bank, telephone bank, cash management channel and other non-counter channels of relevant accounts.

Appears in 2 contracts

Sources: Circulating Capital Loan Contract (China Yuan Hong Fire Control Group Holdings LTD), Circulating Capital Loan Contract (China Yuan Hong Fire Control Group Holdings LTD)

Entrusted payment. 3.4.3.1.1 In case one The Borrower may entrust the Lender to pay the loan to a counterparty of the Borrower for such purpose as specified in the Agreement or in the commercial contracts relating to the use of loan under any of the following circumstances: (1) the payee is clearly specified and the amount of each utilisation shall exceed RMB ten million (or an equivalent amount in foreign currency); (2) Other circumstances existsagreed by the parties hereto: -- 3.4.3.1.2 If the loan is paid by entrustment, the borrower Borrower shall commission deliver its utilisation request and the lender Entrusted Payment Notice to the Lender five days in advance, and provide the relevant information such as the commercial contracts, invoices and other evidences relating to the use of loan upon request of the Lender. After verification by the Lender, the Lender shall directly pay the loan to the counterparty of the borrower that is in line with this contract and agreed purpose in the business contract related to use of the loan: (1) The payment object is definite and the amount of one single withdrawal exceeds 90% of the loan amount; (2) The payment object is definite and the amount of one single withdrawal exceeds RMB Nine million (including the equivalence of foreign currency); (3) Other circumstance agreed between the two parties: N/A 3.4.3.1.2 In case entrusted payment is used, the borrower shall submit to the lender around three days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loan. After they are examined and confirmed, the lender will pay the loan directly to the counterparty of the borrower Borrower through the account of the borrowerBorrower. In case If the withdrawal application utilisation request of the borrower is Borrower does not in line with withdrawal meet the conditions hereunderof utilisation under the Agreement, or the application of entrusted payment has inconformity with request is contrary to the contractAgreement, or the transaction information is incomplete or untrue trading materials or other circumstancesuntrue, the lender could Lender may refuse to issue grant or pay such loan; and the corresponding loan. The lender assumes no liability Lender shall not be liable for borrower’s the breach of contract with his counterparty by the Borrower arising therefrom or any other losseslosses so incurred. The lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete Lender shall not be held liable if the payment information provided by the borrowerBorrower is incorrect or incomplete that results in delay or failure of payment. 3.4.3.1.3 In case If the borrower Borrower applies to defer for deferred payment or withdraw revokes the entrusted payment, he it shall file notify the application to the lender Lender in writing before the payment is made by the lender; Lender. After verification by the Lender, the Lender may then terminate the entrusted payment will be suspended and recover the corresponding loan could be taken back after it is examined loan; and confirmed by the lender. In this period, interest for such period shall be calculated as agreed hereunder for at a rate specified in the corresponding loanAgreement. In case the borrower wants to resume If, after termination of the entrusted payment after it is suspendedpayment, he the Borrower applies for resumption of the entrusted payment, the relevant procedures set out in Clause 3.4.3.1.2 shall handle it as agreed in Subparagraph 3.4.3.1.2apply. 3.4.3.1.4 Payment entrustment The entrusted payment shall be attached no conditionsunconditional. In case Even if the borrower attaches Borrower has set out conditions in on the Entrusted Payment Notice, the such conditions shall bring no obligations to not constitute an obligation of the lenderLender. Unless otherwise agreed by the parties in writing between the two partieswriting, the lender bears no obligations Lender shall not be obliged to notify the payee in respect of informing the borrower when handling entrusted payment, deferred payment, revocation or resumption of payment suspension, payment withdrawal, payment resumption and other issuesrelated matters. 3.4.3.1.5 In case entrusted payment If the loan is usedpaid by entrustment, the lender Lender has the right of restricting to restrict the payment acts and remittance activities and functions through and withdrawal function of online bankinternet banking, telephone bankphone banking, cash management channel and or other non-counter channels relating to the account of relevant accountsthe Borrower.

Appears in 2 contracts

Sources: Bank Loan Agreement (Maxclean Holdings LTD), Bank Loan Agreement (Maxclean Holdings LTD)

Entrusted payment. 3.4.3.1.1 In case if adopting one of the following circumstances existsunder distribution, the borrower Borrower shall commission authorize the lender Lender to pay the loan funds to Borrower’s transaction parties whose transaction contracts meet the counterparty of the borrower that is condition described in line with this contract and business contracts’ the agreed purpose in the business contract related to use of the loan:purpose; (1) The payment object is definite objects are clear and the amount of one single withdrawal exceeds 90amount is more than / % of the loan amount;, (2) The payment object is definite objects are clear and the amount of one single withdrawal exceeds amount is more than 5 million RMB Nine million (including the equivalence of include equal value foreign currency); (3) Other circumstance agreed between cases the two partiesparties agree: N/A 3.4.3.1.2 In case If adopting the entrusted payment, the Borrower shall submit an application for withdrawal and the notice on entrusted payment to the Lender one day earlier, who is usedalso required to provide related materials, such as business contract corresponding to the withdrawal, invoices and other certificates. Upon confirmation, the borrower shall submit to the lender around three days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loan. After they are examined and confirmed, the lender Lender will pay the loan directly to the counterparty of the borrower Borrower’s trading partner through the account of Borrower’s account. Where the borrower. In case application for withdrawal is inconsistent with the provisions for withdrawal application of as prescribed in the borrower is not in line with withdrawal conditions hereunderContract, or the application of for entrusted payment has inconformity is inconsistent with the contractContract, existing incomplete or untrue false trading materials or other circumstancesinformation, the lender could refuse Lender may choose not to issue release or pay the corresponding loan; and the Lender shall not be liable for breaching of contract by the Borrower to its trading partners or other damages hereunder. The lender assumes no liability Lender shall not bear responsibility for borrower’s breach the delay of contract with his counterparty or other losses. The lender assumes no liability for delayed or failed payment of failure in loan arising from inaccurate or release due to incorrect and incomplete payment information provided by the borrowerBorrower. 3.4.3.1.3 In case If the borrower Borrower applies to defer for payment suspension or withdraw abandon the entrusted paymentpayment entrustment, he it shall file submit the application in written prior to the lender in writing before the payment is made by the lender; Lender. Upon the Lender’s confirmation, the entrusted payment will be suspended and corresponding the correspondent loan could be taken back after it is examined and confirmed by collected back; however, the lender. In interest for correspondent loan shall be collected pursuant to the Contract during this period, interest shall be calculated as agreed hereunder for . Where the corresponding loan. In case the borrower wants Borrower applies to resume the entrusted payment after afterward, it is suspended, he shall handle it as agreed in Subparagraph the procedures according to provision 3.4.3.1.2. 3.4.3.1.4 Payment entrustment No condition shall be attached no conditions. In case the borrower attaches conditions in the “Entrusted Payment Notice”, the conditions shall bring no obligations to the lenderentrusted payment。If there is condition attached to the Notice of Entrusted Payment, no obligation shall be created to the Lender hereof. Unless otherwise agreed specified in writing between the two partieswritten, the lender bears no obligations Borrower is not obligated to inform the Lender for issues of informing payment entrustment, suspension, abandonment and resuming. 3.4.3.1.5 If adopting the borrower when handling entrusted payment, payment suspension, payment withdrawal, payment resumption the Lender will be entitled to restrict the Borrower’s relevant account in functions of payments and other issues. 3.4.3.1.5 In case entrusted payment is used, the lender has the right of restricting the payment acts automatic withdrawals through and withdrawal function of online bankoff-counter channels such as internet banking, telephone bankbanking, cash management channel and other non-counter channels of relevant accountsetc.

Appears in 1 contract

Sources: Loan Contract (China Shenghuo Pharmaceutical Holdings Inc)

Entrusted payment. 3.4.3.1.1 In case one of 3.3.3.1.1 The Borrower will entrust the following circumstances exists, Lender to defray the borrower shall commission the lender to pay the loan Loan to the counterparty of the borrower that is in line with this contract and agreed Borrower conforming to the purpose of use provided in the business contract related to use of Contract and the loantransaction contract: (1) The payment object is definite and the amount of one single withdrawal exceeds 905% of the loan amountTotal Investment of the Project; (2) The payment object is definite and the amount of one single withdrawal exceeds RMB Nine million Five Million (5 million) (including the equivalence of equivalent foreign currency); (3) Other circumstance situations agreed between by the two partiesParties: N/A. 3.4.3.1.2 In case entrusted payment is used3.3.3.1.2 The Withdrawal Application, the borrower Entrusted Payment Notice and other relevant required materials shall submit be provided to the lender around three Lender by the Borrower Five (5) days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loanin advance. After they are examined and confirmed, the lender The loan money will pay the loan be defrayed directly to the counterparty of the borrower through Borrower from the Borrower’s account of after approved by the borrowerLender. In case The Loan money may not be released where the withdrawal application of Withdrawal Application does not conform to the borrower is not in line with withdrawal conditions hereunderprovided Withdrawal Conditions, or the application of entrusted payment has inconformity with application does not conform to the contractContract, incomplete or untrue trading the transaction materials is not complete or other circumstancestrue; in such case, the lender could refuse will not assume any responsibilities or liabilities where the Borrower defaults or cause any loss to issue or pay the corresponding loancounterparty. Translation of Fixed Assets Loan Contract KSCP 3.3.3.1.3 As for the Project Financing Business, The lender assumes no liability for borrower’s breach of contract with his counterparty or other losses. The lender assumes no liability for delayed or failed payment of Lender will defray the loan arising from inaccurate or incomplete payment information money pursuant to the joint signed certificate provided by the borrowerindependent intermediary chose by both the Lender and the Borrower and the contractor after jointly inspecting the plant construction and the construction progress when necessary. 3.4.3.1.3 In case 3.3.3.1.4 The Borrower shall notify the borrower Lender in written before the Lender defrays the money where the Borrower applies to defer for deferring payment or withdraw withholding payment. The Lender may stop the entrusted payment, he payment and recall the loan after approval and confirmation; the interest thereof shall file the application accrue pursuant to the lender in writing before Contract. The Borrower may apply for resuming the payment is made by the lender; the entrusted payment will be suspended and corresponding loan could be taken back after it is examined and confirmed by the lender. In this periodEntrusted Payment, interest which shall be calculated as agreed hereunder for the corresponding loan. In case the borrower wants to resume the entrusted payment after it is suspended, he shall handle it as agreed handled in Subparagraph 3.4.3.1.2accordance with Article 3.3. 3.4.3.1.4 Payment entrustment shall be attached no conditions. In case the borrower attaches conditions in the “Entrusted Payment Notice”, the conditions shall bring no obligations to the lender. Unless otherwise agreed in writing between the two parties, the lender bears no obligations of informing the borrower when handling entrusted payment, payment suspension, payment withdrawal, payment resumption and other issues. 3.4.3.1.5 In case entrusted payment is used, the lender has the right of restricting the payment acts through and withdrawal function of online bank, telephone bank, cash management channel and other non-counter channels of relevant accounts.

Appears in 1 contract

Sources: Fixed Assets Loan Contract (Sagent Pharmaceuticals, Inc.)

Entrusted payment. 3.4.3.1.1 In case one of 3.3.3.1.1 The Borrower will entrust the following circumstances exists, Lender to defray the borrower shall commission the lender to pay the loan Loan to the counterparty of the borrower that is in line with this contract and agreed Borrower conforming to the purpose of use provided in the business contract related to use of Contract and the loantransaction contract: (1) The payment object is definite and the amount of one single withdrawal exceeds 905% of the loan amountTotal Investment of the Project; (2) The payment object is definite and the amount of one single withdrawal exceeds RMB Nine million Five Million (5 million) (including the equivalence of equivalent foreign currency); (3) Other circumstance situations agreed between by the two partiesParties: N/A. 3.4.3.1.2 In case entrusted payment is used3.3.3.1.2 The Withdrawal Application, the borrower Entrusted Payment Notice and other relevant required materials shall submit be provided to the lender around three Lender by the Borrower Five (5) days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loanin advance. After they are examined and confirmed, the lender The loan money will pay the loan be defrayed directly to the counterparty of the borrower through Borrower from the Borrower’s account of after approved by the borrowerLender. In case The Loan money may not be released where the withdrawal application of Withdrawal Application does not conform to the borrower is not in line with withdrawal conditions hereunderprovided Withdrawal Conditions, or the application of entrusted payment has inconformity with application does not conform to the contractContract, incomplete or untrue trading the transaction materials is not complete or other circumstancestrue; in such case, the lender could refuse will not assume any responsibilities or liabilities where the Borrower defaults or cause any loss to issue or pay the corresponding loancounterparty. Translation of Fixed Assets Loan Contract KSCP 3.3.3.1.3 As for the Project Financing Business, The lender assumes no liability for borrower’s breach of contract with his counterparty or other losses. The lender assumes no liability for delayed or failed payment of Lender will defray the loan arising from inaccurate or incomplete payment information money pursuant to the joint signed certificate provided by the borrowerindependent intermediary chose by both the Lender and the Borrower and the contractor after jointly inspecting the plant construction and the construction progress when necessary. 3.4.3.1.3 In case 3.3.3.1.4 The Borrower shall notify the borrower Lender in written before the Lender defrays the money where the Borrower applies to defer for deferring payment or withdraw withholding payment. The Lender may stop the entrusted payment, he payment and recall the loan after approval and confirmation; the interest thereof shall file the application accrue pursuant to the lender Contract. The Borrower may apply for resuming the Entrusted Payment, which shall be handled in writing before accordance with Article 3.3.3.1.2 herein. 3.3.3.1.5 The Lender may renegotiate the advance and payment is made by Conditions with the lender; Borrower or stop advancing and paying where the credit status of the Borrower degrades, does not pay the loan in accordance with the Contract, the construction process of the Project falls behind the process of fund use, avoid entrusted payment will be suspended and corresponding loan could be taken back after it is examined and confirmed by way of breaking the lender. In this periodwhole into parts, interest shall be calculated as agreed hereunder for the corresponding loan. In case the borrower wants to resume the entrusted payment after it is suspended, he shall handle it as agreed in Subparagraph 3.4.3.1.2etc. 3.4.3.1.4 3.3.3.1.6 The Entrusted Payment entrustment shall not be attached no subject to conditions. In case the borrower attaches The attached conditions provided in the Entrusted Payment Notice”, Notice shall not bind the conditions shall bring no obligations to the lenderLender. Unless otherwise agreed provided by the Parties in writing between the two partieswritten, the lender bears no obligations of informing Lender will not assume the borrower when handling entrusted obligation to notify the receiver for the Entrusted Payment, deferring payment, payment suspensionwithholding payment, payment withdrawalresuming payment, payment resumption and other issuesetc. 3.4.3.1.5 In case entrusted payment is used, the lender has the right of restricting the payment acts through and withdrawal function of online bank, telephone bank, cash management channel and other non-counter channels of relevant accounts.

Appears in 1 contract

Sources: Fixed Assets Loan Contract (Sagent Pharmaceuticals, Inc.)

Entrusted payment. 3.4.3.1.1 In case one of the following circumstances exists, the borrower shall commission the lender to pay the loan to the counterparty of the borrower that is in line with this contract and agreed purpose in the business contract related to use of the loan: (1) The payment object is definite and the amount of one single withdrawal exceeds 90N/A % of the loan amount; (2) The payment object is definite and the amount of one single withdrawal exceeds RMB Nine thirty million (including the equivalence of foreign currency); (3) Other circumstance agreed between the two parties: N/A 3.4.3.1.2 In case entrusted payment is used, the borrower shall submit to the lender around three ten days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loan. After they are examined and confirmed, the lender will pay the loan directly to the counterparty of the borrower through the account of the borrower. In case the withdrawal application of the borrower is not in line with withdrawal conditions hereunder, or the application of entrusted payment has inconformity with the contract, incomplete or untrue trading materials or other circumstances, the lender could refuse to issue or pay the corresponding loan. The lender assumes no liability for borrower’s breach of contract with his counterparty or other losses. The lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete payment information provided by the borrower. 3.4.3.1.3 In case the borrower applies to defer or withdraw the entrusted payment, he shall file the application to the lender in writing before the payment is made by the lender; the entrusted payment will be suspended and corresponding loan could be taken back after it is examined and confirmed by the lender. In this period, interest shall be calculated as agreed hereunder for the corresponding loan. In case the borrower wants to resume the entrusted payment after it is suspended, he shall handle it as agreed in Subparagraph 3.4.3.1.2. 3.4.3.1.4 Payment entrustment shall be attached no conditions. In case the borrower attaches conditions in the “Entrusted Payment Notice”, the conditions shall bring no obligations to the lender. Unless otherwise agreed in writing between the two parties, the lender bears no obligations of informing the borrower when handling entrusted payment, payment suspension, payment withdrawal, payment resumption and other issues. 3.4.3.1.5 In case entrusted payment is used, the lender has the right of restricting the payment acts through and withdrawal function of online bank, telephone bank, cash management channel and other non-counter channels of relevant accounts.

Appears in 1 contract

Sources: Circulating Capital Loan Contract (China Yuan Hong Fire Control Group Holdings LTD)

Entrusted payment. 3.4.3.1.1 In case one (a) For any proposed utilisation amount exceeding RMB 10,000,000 (inclusive), such Loan shall be advanced by means of “entrusted payment”. The Facility Agent shall, upon the payment instruction and the particulars described in paragraph (b) of this Clause 5.6 below given by the Borrower, directly transfer the amount of the following circumstances existsLoan to the relevant payee(s) on the date such amount is deposited into the Loan Account pursuant to paragraph (b) of Clause 5.4 (Lenders’ Participation) above. If the payee(s) or the payee(s) account number (s) given by the Borrower in its payment instruction are inconsistent with that in the particulars submitted by them in accordance with Clause 5.6(b)(i) below, the borrower shall commission Facility Agent has the lender right to pay the loan refuse such payment until such inconsistency has been resolved to the counterparty Facility Agent’s reasonable satisfaction. (b) The Borrower shall, no later than 11:00 a.m. on the day at least five (5) Business Days before the Utilization Date, submit to the Facility Agent the following additional documents for the purpose of such “entrusted payment” together with the borrower that is in line with this contract and agreed purpose in the business contract related to use of the loanUtilisation Request: (1i) The payment object is definite and the amount of one single withdrawal exceeds 90% particulars of the loan purpose of such utilisation and relevant supporting documents (including but not limited to payee name, payee account number, payment amount, purpose, contract number (if any), photocopy of the contract (if any), purchase order (if any), and invoice (if any)), subject to any applicable confidentiality obligations; (ii) payment instruction; and (iii) other materials as reasonably requested by the Facility Agent. In respect of item (i) above, any such contract, purchase order or invoice shall specify the name of the counterparty, payment amount (which shall be no less than the proposed drawdown amount) and name of goods (if applicable). In respect of item (ii), such payment instruction shall indicate the name of the payee which is consistent with the name of the counterparty as set out in the applicable contract, purchase order or invoice in item (i). The Facility Agent shall, (x) within one (1) Business Day after receiving the Utilisation Request, provide the Utilisation Request to the Lenders; (y) at least two (2) The payment object Business Days before the Utilisation Date but in any event promptly after reviewing the documents required above, confirm at its reasonable discretion whether such disbursement of the Loan proceeds is definite consistent with the loan purpose of the Facility and notify the amount Lenders of one single withdrawal exceeds RMB Nine million the same; and (including z) within five (5) Business Days after the equivalence of foreign currencyUtilization Date, provide email confirmation to the Lenders that the Loan proceeds so requested by the Borrower have been transferred to the relevant payee(s);. (3c) Other circumstance agreed between If any amount transferred by the two parties: N/A 3.4.3.1.2 In case entrusted payment is used, the borrower shall submit to the lender around three days before to application of withdrawal and “Entrusted Payment Notice”, and provide business contract, invoices, other documents and materials related to use of loan. After they are examined and confirmed, the lender will pay the loan Facility Agent directly to the counterparty relevant payee pursuant to paragraph (a) above is refunded to the Loan Account due to incompleteness or incorrectness of such payment information filled in by the borrower through Borrower or for any other reason, the Facility Agent shall have the right not to credit such refund in the interim, or freeze such refund that has been credited into 1602149 12 Facility Agreement the Loan Account, until the Borrower re-submits the correct payment instruction. (d) Notwithstanding the foregoing, in no case can the funds in the Loan Account be paid into any other account of opened by the borrowerBorrower with the Facility Agent or any other financial institution. In case of any Event of Default, the Facility Agent shall have the right to refuse and/or stop any withdrawal application by the Borrower of funds in the Loan Account. (e) The Lenders hereby agree that the Facility Agent may use its reasonable commercial efforts to act on behalf of the borrower is not in line with withdrawal conditions hereunder, or the application of entrusted payment has inconformity with the contract, incomplete or untrue trading materials or other circumstances, the lender could refuse Lenders to issue or pay the corresponding loan. The lender assumes no liability for borrower’s breach of contract with his counterparty or other losses. The lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete payment information examine all supporting documents provided by the borrowerBorrower and make judgement whether to grant drawdown under this Clause 5. 3.4.3.1.3 In case the borrower applies to defer or withdraw the entrusted payment, he shall file the application to the lender in writing before the payment is made by the lender; the entrusted payment will be suspended and corresponding loan could be taken back after it is examined and confirmed by the lender. In this period, interest shall be calculated as agreed hereunder for the corresponding loan. In case the borrower wants to resume the entrusted payment after it is suspended, he shall handle it as agreed in Subparagraph 3.4.3.1.2. 3.4.3.1.4 Payment entrustment shall be attached no conditions. In case the borrower attaches conditions in the “Entrusted Payment Notice”, the conditions shall bring no obligations to the lender. Unless otherwise agreed in writing between the two parties, the lender bears no obligations of informing the borrower when handling entrusted payment, payment suspension, payment withdrawal, payment resumption and other issues. 3.4.3.1.5 In case entrusted payment is used, the lender has the right of restricting the payment acts through and withdrawal function of online bank, telephone bank, cash management channel and other non-counter channels of relevant accounts.

Appears in 1 contract

Sources: Facility Agreement (Tiffany & Co)

Entrusted payment. 3.4.3.1.1 In case one of The Borrower may entrust the following circumstances exists, the borrower shall commission the lender Lender to pay the loan to the a counterparty of the borrower that is in line with this contract and agreed Borrower for such purpose as specified in the business contract related Agreement or in the commercial contracts relating to the use of loan under any of the loanfollowing circumstances: (1) The payment object the payee is definite clearly specified and the amount of one single withdrawal exceeds 90each utilisation shall exceed_--_ % of the loan amountloan; (2) The payment object the payee is definite clearly specified and the amount of one single withdrawal exceeds RMB Nine million each utilisation shall exceed--_ (including the equivalence of or an equivalent amount in foreign currency); (3) Other circumstance circumstances agreed between by the two parties: N/Aparties hereto:-- 3.4.3.1.2 In case entrusted payment If the loan is usedpaid by entrustment, the borrower Borrower shall submit deliver its utilisation request and the Entrusted Payment Notice to the lender around three Lender __-- days before to application of withdrawal and “Entrusted Payment Notice”in advance, and provide business contractthe relevant information such as the commercial contracts, invoices, invoices and other documents and materials related evidences relating to the use of loanloan upon request of the Lender. After they are examined and confirmedverification by the Lender, the lender will Lender shall directly pay the loan directly to the counterparty of the borrower Borrower through the account of the borrowerBorrower. In case If the withdrawal application utilisation request of the borrower is Borrower does not in line with withdrawal meet the conditions hereunderof utilisation under the Agreement, or the application of entrusted payment has inconformity with request is contrary to the contractAgreement, or the transaction information is incomplete or untrue trading materials or other circumstancesuntrue, the lender could Lender may refuse to issue grant or pay such loan; and the corresponding loan. The lender assumes no liability Lender shall not be liable for borrower’s the breach of contract with his counterparty by the Borrower arising therefrom or any other losseslosses so incurred. The lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete Lender shall not be held liable if the payment information provided by the borrowerBorrower is incorrect or incomplete that results in delay or failure of payment. 3.4.3.1.3 In case If the borrower Borrower applies to defer for deferred payment or withdraw revokes the entrusted payment, he it shall file notify the application to the lender Lender in writing before the payment is made by the lender; Lender. After verification by the Lender, the Lender may then terminate the entrusted payment will be suspended and recover the corresponding loan could be taken back after it is examined loan; and confirmed by the lender. In this period, interest for such period shall be calculated as agreed hereunder for at a rate specified in the corresponding loanAgreement. In case the borrower wants to resume If, after termination of the entrusted payment after it is suspendedpayment, he the Borrower applies for resumption of the entrusted payment, the relevant procedures set out in Clause 3.4.3.1.2 shall handle it as agreed in Subparagraph 3.4.3.1.2apply. 3.4.3.1.4 Payment entrustment The entrusted payment shall be attached no conditionsunconditional. In case Even if the borrower attaches Borrower has set out conditions in on the Entrusted Payment Notice, the such conditions shall bring no obligations to not constitute an obligation of the lenderLender. Unless otherwise agreed by the parties in writing between the two partieswriting, the lender bears no obligations Lender shall not be obliged to notify the payee in respect of informing the borrower when handling entrusted payment, deferred payment, revocation or resumption of payment suspension, payment withdrawal, payment resumption and other issuesrelated matters. 3.4.3.1.5 In case entrusted payment If the loan is usedpaid by entrustment, the lender Lender has the right of restricting to restrict the payment acts and remittance activities and functions through and withdrawal function of online bankinternet banking, telephone bankphone banking, cash management channel and or other non-counter channels relating to the account of relevant accountsthe Borrower.

Appears in 1 contract

Sources: Bank Loan Agreement (Maxclean Holdings LTD)

Entrusted payment. 3.4.3.1.1 In case one Under any of the following circumstances existscircumstances, the borrower shall commission entrust the lender to pay the loan funds in accordance with this Contract and corresponding to the used funds The counterparty of the borrower that is in line with this contract and agreed for the purpose specified in the business contract related to use of the loancontract: (1) The payment object is definite clear and the amount of one a single withdrawal exceeds 90% of the loan amount;one ten thousand yuan (including equivalent foreign currency) (2) The payment object is definite and the amount of one single withdrawal exceeds RMB Nine million (including the equivalence of foreign currency)Other circumstances as agreed upon by both parties; (3) Other circumstance agreed between the two parties: N/A 3.4.3.1.2 In case entrusted payment is usedFor grant payment, the borrower shall submit advance. Submit the withdrawal application and the entrusted payment notice to the lender around three days before to application of withdrawal and “Entrusted Payment Notice”Single, and provide the business contract, invoices, invoice and other documents and materials related vouchers corresponding to use the requirements of loanthe lender. After they are examined verification and confirmedconfirmation, the lender will shall pay the loan directly to the borrower’s counterparty through the borrower’s account. The borrower’s withdrawal with please do not conform to the conditions of the borrower through the account of the borrower. In case the withdrawal application of the borrower is not in line with withdrawal conditions hereundercontract, or the application of entrusted payment has inconformity pay committee ▇▇▇▇ single house does not accord with the contract, transaction information is incomplete or untrue trading materials or other circumstancesnot mining, the lender could refuse to issue or can not issue, not pay the corresponding loanborrow: causing the borrower to the counterparty default or form other damage, the lender is not liable. The lender assumes no liability for borrower’s breach of contract with his counterparty or other losses. The lender assumes no liability for delayed or failed payment of loan arising from inaccurate or incomplete payment information provided by the borrowerborrower is inaccurate and incomplete, and the delay or failure of the fund payment shall not be liable. 3.4.3.1.3 In case Where the borrower applies to defer for suspension of payment or withdraw withdrawal of the entrusted entrustment of payment, he it shall file submit the application to the lender in writing to the lender before the payment is made payment. After verification and confirmation by the lender; , the entrusted payment will shall be suspended and the corresponding loan could may be taken back after it is examined and confirmed by recovered, during which the lender. In this period, interest on the corresponding loan shall be calculated as agreed hereunder and charged in accordance with the contract. After the suspension of the entrusted payment, if the borrower applies for the corresponding loan. In case resumption of the borrower wants to resume the entrusted payment after entrustment, it is suspended, he shall handle it as agreed be handled in Subparagraph accordance with Article 3.4.3.1.2. 3.4.3.1.4 Payment The entrustment shall of payment cannot be attached no to conditions. In case If the borrower attaches conditions in the “Entrusted Payment Notice”Notice of Commissiof Payment, the attached conditions shall bring have no obligations obligation to the lender. Unless otherwise agreed in writing between the two by both parties, the lender bears no obligations Lender shall not have the obligation to notify the payee of informing the borrower when handling any matters such as entrusted payment, suspension of payment, withdrawal of payment suspension, payment withdrawal, payment and resumption and other issuesof payment. 3.4.3.1.5 In case If the entrusted payment is usedadopted, the lender has the right of restricting to restrict the payment acts through behavior and withdrawal payment function of online bank, telephone bank, cash management channel and other non-counter channels such as handheld banking, online banking, telephone banking and cash management channels of the relevant accountsaccounts of the borrower.

Appears in 1 contract

Sources: Working Capital Loan Contract (Xuhang Holdings LTD)