Common use of Payments and Evidence of Debt Clause in Contracts

Payments and Evidence of Debt. 9.01 On each date on which an amount is due from the Borrower hereunder, the Borrower shall before 5:00p.m. (Hong Kong Time) on the due date remit the amount in immediately available funds to the Lender in US Dollars by electronic bank transfer to the Lender’s designated bank accounts, the details of which are set out below: Account Name: xxxxxx Bank: xxxxxx Address: xxxxxx Swift Code: xxxxxx Bank Account No.: xxxxxx INNOVATIVE • GLOBAL • INVESTMENTS Room 2002 / 20th Floor / Fairmont House / ▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ / ▇▇▇▇▇▇▇ / ▇▇▇▇ ▇▇▇▇ The Lender reserves all rights to unilaterally vary the manner to which payments are to be made, and in the event of such variance the Lender will notify the Borrower of the same in writing. 9.02 All payments to be made by the Borrower hereunder shall be made in full, without any set-off or counterclaim whatsoever and free and clear of any deduction or withholding. If at any time any law, enactment, regulation or regulatory requirement or any governmental authority, monetary authority or central bank requires the Borrower to make any deduction or withholding in respect of any present or future taxes, levies, imposts, duties, charges or fees of whatever nature, from any payment due hereunder, the sum due from the Borrower shall be increased to the extent necessary to ensure that after the making of such deduction or withholding, the Lender receives a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrower shall account to the appropriate authorities for the amounts so deducted or withheld. 9.03 Whenever any payment would otherwise be due or any Interest Period would otherwise end, on a day which is not a Business Day, the next following Business Day shall be substituted for such day unless such next following Business Day falls in the next calendar month in which case the immediately preceding Business Day shall be substituted therefor. 9.04 If any Interest Period would otherwise commence or any payment would otherwise be due on the last Business Day of a calendar month or on a day for which there is no numerically corresponding day in the relevant calendar month, the last Business Day of such relevant calendar month shall, subject to Clause 9.03, be substituted therefor. 9.05 The Lender shall maintain on its books in accordance with its usual practice a set of accounts recording the amounts from time to time owing by the Borrower hereunder. In any legal proceeding for the purposes of this Agreement, the entries made in such accounts shall, in the absence of manifest error, be conclusive and binding on the Borrower as to the existence and amounts of the obligations of the Borrower recorded therein. 9.06 A certificate of determination by the Lender as to the amount of any sum or rate payable by the Borrower hereunder or any other matter shall (save for manifest error) be conclusive and binding on the Borrower.

Payments and Evidence of Debt. 9.01 9.1 On each date on which an amount is due from the Borrower hereunder, the Borrower shall before 5:00p.m. (Hong Kong Time) on the due date remit the amount in immediately available funds to the Lender in US Dollars by electronic bank transfer to the Lender’s designated bank accounts, the details of which are set out below: Account Name: xxxxxx ICG Venture Limited Bank: xxxxxx Address: xxxxxx Swift Code: xxxxxx Hang Seng Bank Account No.: xxxxxx INNOVATIVE • GLOBAL • INVESTMENTS Limited Room 2002 / 20th Floor / Fairmont House / ▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ / ▇▇▇▇▇▇▇ / ▇▇▇▇ ▇▇▇▇ ICGVE-US-UNIS-A02 16.June.15 Final Loan Agreement Address: xxxxxxxxxxxxxxxxxxxx Swift Code: xxxxxxxx Bank Account No.: xxxxxxxxxxxx The Lender reserves all rights to unilaterally vary the manner to which payments are to be made, and in the event of such variance the Lender will notify the Borrower of the same in writing. 9.02 9.2 All payments to be made by the Borrower hereunder shall be made in full, without any set-off or counterclaim whatsoever and free and clear of any deduction or withholding. If at any time any law, enactment, regulation or regulatory requirement or any governmental authority, monetary authority or central bank requires the Borrower to make any deduction or withholding in respect of any present or future taxes, levies, imposts, duties, charges or fees of whatever nature, from any payment due hereunder, the sum due from the Borrower shall be increased to the extent necessary to ensure that after the making of such deduction or withholding, the Lender receives a net sum equal to the sum which it would have received had no such deduction or withholding been required to be made and the Borrower shall account to the appropriate authorities for the amounts so deducted or withheld. 9.03 9.3 Whenever any payment would otherwise be due or any Interest Period would otherwise end, on a day which is not a Business Day, the next following Business Day shall be substituted for such day unless such next following Business Day falls in the next calendar month in which case the immediately preceding Business Day shall be substituted therefor. 9.04 9.4 If any Interest Period would otherwise commence or any payment would otherwise be due on the last Business Day of a calendar month or on a day for which there is no numerically corresponding day in the relevant calendar month, the last Business Day of such relevant calendar month shall, subject to Clause 9.03, be substituted therefor. 9.05 9.5 The Lender shall maintain on its books in accordance with its usual practice a set of accounts recording the amounts from time to time owing by the Borrower hereunder. In any legal proceeding for the purposes of this Agreement, the entries made in such accounts shall, in the absence of manifest error, be conclusive and binding on the Borrower as to the existence and amounts of the obligations of the Borrower recorded therein. 9.06 9.6 A certificate of determination by the Lender as to the amount of any sum or rate payable by the Borrower hereunder or any other matter shall (save for manifest error) be conclusive and binding on the Borrower.