Statement and Commitment. 1. The Borrower represents as follows: (1) The borrower shall be legally registered and legally existing, and shall have the full civil rights capacity required for the signing and performance of this Contract capacity for action; (2) The signing and performance of this Contract is based on the true intention of the Borrower, and has obtained legal and effective authorization in accordance with the requirements of its articles of association or other internal management documents, and will not violate any agreement, contract and other legal documents binding on the Borrower; The Borrower has or will obtain all relevant approval, permission, filing or registration required for the signing and performance of this Contract; (3) All the documents, financial statements, vouchers and other materials provided by the Borrower to the Lender under this Contract are true Solid, complete, accurate and effective; (4) The transaction background of the borrower’s application for the narrative business with the lender is true and legal, and does not involve money laundering, terrorist financing, proliferation financing of weapons of mass destruction, tax evasion, fraud and other illegal purposes, and the transaction does not involve the violation of the United Nations, China or other activities Sanctions that the lender considers necessary to apply; (5) The Borrower does not conceal from the Lender any events that may affect the financial position and performance capacity of the Borrower and the guarantor; (6) The borrower and the loan project meet the national environmental protection standards, and the energy consumption and pollution announced and identified by the relevant national departments For enterprises and projects with outstanding problems and ineffective rectification, there is no energy consumption and pollution risk; (7) Other matters stated by the Borrower: 2. The Borrower undertakes to be as follows: (1) Regularly or timely submit the financial statements (including but not limited to the annual, quarterly and monthly statements) and other relevant information to the lender as required by the lender; the Borrower shall ensure that it continuously meets the following financial indicators: negative assets of the Borrower (2) If the Borrower has or will enter into a countersecurity agreement or similar agreement with the Contract guarantor for its warranty obligations, such The Agreement will not prejudice any rights of the Lender under this Contract; (3) Accept the credit inspection and supervision of the lender and provide sufficient assistance and cooperation; the borrower shall follow the lender Make a regular summary report on the payment and use of loan funds. The specific summary report time is: monthly (4) In the event of merger, division, capital reduction, equity transfer, foreign investment, substantial increase in debt financing, transfer of material assets and creditor’s rights, and other matters that may adversely affect the solvency of the borrower, it shall be obtained in advance Written consent of the Lender; The Borrower shall promptly notify the Lender of the following circumstances: A. Change of the articles of association, business scope, registered capital and legal representative of the borrower or the guarantor company; B. Conduct any form of joint venture, joint venture with foreign investors, cooperation, contracted operation, restructuring, restructuring, planned listing and other modes of operation change; C. Involin a major litigation or arbitration case, or the property or security is seized, seized or supervised, or set up new security on the security; 1. The Borrower fails to perform the payment and repayment obligations to the Lender as agreed herein; 2. The borrower fails to use the loan funds in the manner agreed herein, and the fund or does not use the obtained funds for the purposes agreed herein Way; or the borrower uses the loan funds for lending or buying other financial products arbitrage; 3. The statement made by the Borrower in this Contract is untrue or violates its commitment made in this Contract; 4. In the case of Item (4) of Article 10, the lender considers that the financial situation may affect the financial position and performance ability of the borrower or the guarantor, and the borrower fails to provide a new guarantee or replace the guarantor in accordance with the provisions of this Contract; 5. The borrower’s credit status declines, or the borrower’s profitability, solvency, operating capacity, cash flow and other financial resources The indicators deteriorate, breaking through the index constraints or other financial agreements agreed herein; 6. The Borrower defaults under other contracts with the Lender or other institutions of Bank of China Limited Event: Event of default under the credit extension contract between the borrower and other financial institutions; 7. The guarantor violates the provisions of the guarantee contract or between the lender or other institutions of Bank of China Limited Event of default under other contracts; 8. The Borrower terminates business or has dissolution, cancellation or bankruptcy. 9. The borrower is involved in or may involve in major economic disputes, litigation, arbitration, or its assets are sealed up, detained or enforced, or is investigated by judicial authorities or tax authorities or take punitive measures according to law, or may Can affect the performance of its obligations under this Contract; 10. Abnormal changes, disappearance or disappearance of the main investors and key management personnel of the borrower or investigation by judicial authorities according to law Personal freedom has been, or may affect the performance of its obligations under this Contract; 11. The financial position and performance capacity of the Borrower of the Lender in each quarter (i. e., the second quarter from the effective date of this Contract) During the audit, it is found that it may affect the financial condition and performance ability of the borrower or the guarantor; 12. The large amount and abnormal capital inflow and outflow occur in the designated fund withdrawal account, and the borrower cannot provide the approval of the lender The explanatory materials; 13. The borrower directly or indirectly participates in the illegal act of usury; 14. The borrower refused to cooperate with the lender to carry out due diligence, or the borrower is included in the United Nations, China or other lenders think the applicable sanctions, the lender found the borrower transaction illegal or violation of the aforementioned sanctions, or the lender has reasonable reason to suspect that the borrower or its related transactions / counterparties suspected of money laundering, terrorist or terrorist financing; 15. The borrower breaches other provisions in this contract on the rights and obligations of the parties. In the event of the event of default specified in the preceding paragraph, the lender shall have the right to take the following measures separately or at the same time according to the specific circumstances: 1. Ask the borrower and the guarantor to correct the default within a time limit;
Appears in 1 contract
Sources: Working Capital Loan Contract (Pop Culture Group Co., LTD)
Statement and Commitment. 1. The Borrower represents declares as follows:
(1) The borrower shall be Borrower registers legally registered and legally existingvalidly exists in good standing, and shall have it has the full civil rights capacity required for the signing and performance of this Contract capacity for actioncivil conduct and act necessary for entering and performing the Contract;
(2) The signing Contract entering and performance of this Contract is based on the true real intention of the Borrower, and . The Borrower has obtained attained the legal and effective authorization in accordance with according to the requirements of its articles of association or other internal management documents, and will it does not violate any agreement, contract and other legal documents with binding on effect to the Borrower; The Borrower has obtained or will obtain all relevant approval, permission, filing recording or registration required necessary for entering and performing the signing and performance of this Contract;
(3) All the documents, financial statements, vouchers certificates and other materials provided by the Borrower to the Lender under this the Contract are true Solidauthentic, complete, accurate and effectivevalid;
(4) The transaction trading background of the borrower’s application for the narrative Borrower used to conduct banking business with the lender Lender is true authentic and legallegitimate, and does but not involve used in the illegal objective like money laundering, terrorist financing, proliferation financing of weapons of mass destruction, tax evasion, fraud and other illegal purposes, and the transaction does not involve the violation of the United Nations, China or other activities Sanctions that the lender considers necessary to apply;
(5) The Borrower does not conceal from the Lender any events event that may affect the financial position condition and performance contractual capacity of the Borrower and the guarantorguarantor to the Lender;
(6) The borrower and the loan project meet the national environmental protection standards, and the energy consumption and pollution announced and identified by the relevant national departments For enterprises and projects with outstanding problems and ineffective rectification, there is no energy consumption and pollution risk;
(7) Other matters stated items declared by the Borrower:: .
2. The Borrower undertakes to be promises as follows:
(1) Regularly Periodically or timely submit the its financial statements (including but not limited to the annualannual report, quarterly report and monthly statementsreport) and other relevant information materials to the lender as required by Lender according to the lenderrequirements of the Lender; the Borrower shall ensure that it to continuously meets meet the following requirements of financial indicatorsindexes: negative assets of the Borrower;
(2) If the Borrower has entered or will enter into a countersecurity agreement the counter guarantee contract or the similar agreement on warranty obligations with the Contract guarantor for its warranty obligationsof the Contract, such The Agreement the agreement will not prejudice damage any rights right of the Lender under this the Contract;
(3) Accept the credit inspection checking and supervision of the lender Lender and provide support sufficient assistance and cooperation; the borrower shall follow the lender Make a regular summary report on the payment and use of loan funds. The specific summary report time is: monthlycoordination;
(4) In If there are the event of merger, division, capital reduction, equity transfer, foreign investment, substantial increase in debt financing, transfer of material assets and creditor’s rights, and other matters that may adversely affect the solvency of the borrower, it shall be obtained in advance Written consent of the Lender; The Borrower shall promptly notify the Lender of the following circumstances:
A. Change of the articles of association, business scope, registered capital and legal representative of the borrower or the guarantor company;
B. Conduct any form of joint venture, joint venture with foreign investors, cooperation, contracted operation, restructuring, restructuring, planned listing and other modes of operation change;
C. Involin a major litigation or arbitration case, or the property or security is seized, seized or supervised, or set up new security on the security;
1. The Borrower fails to perform the payment and repayment obligations to the Lender as agreed herein;
2. The borrower fails to use the loan funds in the manner agreed herein, and the fund or does not use the obtained funds for the purposes agreed herein Way; or the borrower uses the loan funds for lending or buying other financial products arbitrage;
3. The statement made by the Borrower in this Contract is untrue or violates its commitment made in this Contract;
4. In the case of Item (4) of Article 10, the lender considers that the financial situation may affect the financial position and performance ability of the borrower or the guarantor, and the borrower fails to provide a new guarantee or replace the guarantor in accordance with the provisions of this Contract;
5. The borrower’s credit status declines, or the borrower’s profitability, solvency, operating capacity, cash flow and other financial resources The indicators deteriorate, breaking through the index constraints or other financial agreements agreed herein;
6. The Borrower defaults under other contracts with the Lender or other institutions of Bank of China Limited Event: Event of default under the credit extension contract between the borrower and other financial institutions;
7. The guarantor violates the provisions of the guarantee contract or between the lender or other institutions of Bank of China Limited Event of default under other contracts;
8. The Borrower terminates business or has dissolution, cancellation or bankruptcy.
9. The borrower is involved in or may involve in major economic disputes, litigation, arbitration, or its assets are sealed up, detained or enforced, or is investigated by judicial authorities or tax authorities or take punitive measures according to law, or may Can affect the performance of its obligations under this Contract;
10. Abnormal changes, disappearance or disappearance of the main investors and key management personnel of the borrower or investigation by judicial authorities according to law Personal freedom has been, or may affect the performance of its obligations under this Contract;
11. The financial position and performance capacity of the Borrower of the Lender in each quarter (i. e., the second quarter from the effective date of this Contract) During the audit, it is found that it conditions may affect the financial condition and performance ability contractual capacity of the borrower Borrower or the guarantor;
12. The large amount , including but not limited to change the operation method in any manner like separation, combination, joint operation, joint venture with foreign capital, cooperation, contractual operation, recombination, restructuring and abnormal capital inflow and outflow occur in listing plan; decrease registered capital, implement material asset or stock transfer, assume material liability; or set new material liability to the designated fund withdrawal accountmortgage, and the borrower cannot provide the approval of the lender The explanatory materials;
13. The borrower directly mortgage is sealed, dissolved, cancelled or indirectly participates in the illegal act of usury;
14. The borrower refused applied for bankruptcy; or involve to cooperate with the lender to carry out due diligence, important contentious or arbitration cases; or the borrower operation and financial condition is included in the United Nations, China or other lenders think the applicable sanctions, the lender found the borrower transaction illegal or violation of the aforementioned sanctions, bad; or the lender Borrower has reasonable reason to suspect that the borrower or its related transactions / counterparties suspected of money laundering, terrorist or terrorist financing;
15. The borrower breaches other provisions in this contract on the rights and obligations of the parties. In the event of the event of default specified under other contract, the Borrower shall notify the Lender timely. If the Borrower adopts any one of the above acts and will adversely affect the repayment capacity of the Borrower, it shall be agreed by the Lender in advance;
(5) The repayment order of the Borrower to the Lender is prior to loans of the shareholders of the Borrower, and is not second to the similar loans of other creditors;
(6) If the net profit after tax in the preceding paragraphrelevant accounting year is zero or negative, or the net profit after tax is not sufficient to cover the accumulated deficit of the former accounting years, or the pretax profit is not used to repay the Borrower’s principal, interest and fee shall be repaid in the current accounting year, or the pretax profit is not sufficient to repay the principal, interest and fee of the next period, the lender Borrower shall have not distribute the right to take the following measures separately or at the same time according stock dividend and bonus to the specific circumstances: 1shareholders in any manner;
(7) The Borrower does not dispose its self-owned assets by means of decreasing its repayment capacity. Ask The Borrower promises that the borrower amount of external guarantee shall be less than one time of its self net assets, and the guarantor to correct amount of external guarantee and the default within a time limit;amount of single guarantee shall be less than the limited number regulated by its articles of association.
(8) Other items promised by the Borrower: .
Appears in 1 contract