How Should We Draw Up The Financing Agreement?
This agreement is signed by the following parties in the year of the year of the year of the year of the year.
(1) the "People's Republic of China" (Registration No.): registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration, registration,
Borrower
"Including its successor";
(2) the address is located in the area of the Bank of China, as the lender of the loan (hereinafter referred to as "lender" or "loan bank"), which may include its successor and assignee under the context; and
(3) the company is registered under the law of the people's Republic of China (hereinafter referred to as "the guarantor of the company", including its successor).
In view of the consent of the lender according to the request of the borrower, according to this agreement,
clause
A regular loan (us$_________) is provided to the borrower (hereinafter referred to as the "loan amount"), and the company Guarantor agrees to provide the following guarantees, statements and promises, as well as the company's guarantee, as stipulated in this agreement.
Therefore, the parties concerned have reached an agreement as follows:
Article 1 Definition
1.1 in this agreement, unless otherwise defined, the following terms have the following meanings:
1.1.1 "applicable law" includes any constitution, treaty, decree, legislation at all levels, common law, customary law and judicial precedent relating to the signing, submission, performance, validity and enforceability of this Agreement and security documents in Singapore, Hongkong and People's Republic of China.
1.1.2 "pfer contract" includes the assignment of insurance policies, the pfer of sales proceeds, the pfer of rental income and other pfer contracts that the borrower requests from time to time on the basis of their own decisions.
1.1.3 "contract of assignment of insurance policies" refers to the contract of assignment of insurance policies, which is separately or jointly signed by the company surety and the company in accordance with the format of the annex a of this agreement or other forms specified by the lender, and the pfer policy of the first beneficiary by the borrower (and all rights, interests and interests of the insurance policy).
1.1.4 "rental income pfer contract" means the company will be pferred.
Guarantor
In accordance with the format of the Appendix B of this agreement or other forms specified by the lender, the pfer contract of the rental income of all the rights, interests and interests related to the rental income pferred by the borrower as the first beneficiary shall be separately or jointly signed.
1.1.5 "pfer of sales revenue" means a contract which will be signed in accordance with the format of the Appendix C of this agreement or other forms specified by the lender, with all rights, interests and interests related to the rental income pferred by the borrower as the first beneficiary.
1.1.6 "withdrawal period" refers to the period of 1 months from the date of signing the agreement, or from the date of signing the agreement to the full withdrawal of the loan amount, whichever is earlier.
1.1.7 "working days" refers to the days when banks and foreign exchange markets are usually open in Singapore, Hongkong, China and New York except for Saturday and Sunday.
1.1.8 "company guarantee" means a guarantee which will be signed by the guarantor of the company in accordance with the format of the Appendix E of this agreement or other forms specified by the lender, with the loan as the first beneficiary, including any modification, alteration or extension thereof from time to time.
1.1.9 "drawing day" means that the borrower can start drawing money under the provisions of Clause 5.1 of this Agreement (whether the withdrawal actually occurs).
1.1.10 "withdrawal" means the amount of loans that have been or will be provided to the borrower under the fifth provision of this agreement.
1.1.11 "drawing notice" refers to a notice of authorization from the board of directors of the borrower, which is authorized by the board of directors of the borrower, to request one or more withdrawals according to the format and contents of the "F" of the annex to this agreement, in accordance with the provisions of article fifth of this agreement.
1.1.12 "breach of contract" means any breach of contract stipulated in article twelfth of this agreement.
1.1.13 "loan quota" refers to the amount of loan that the lender will provide to the borrower under this agreement not exceeding the total amount of the principal.
1.1.14 "last repayment date" means any other date on which the date of withdrawal is twelve (12) months from the date of withdrawal, or the absolute determination of the borrower pursuant to the terms and conditions stipulated in this agreement.
1.1.15 "debt" means the obligation or responsibility of the borrower to pay any money to any third party under the provisions of paragraph 12.1.5 of this agreement.
1.1.16 "insurance policy" refers to the insurance documents obtained on the mortgage and all its ancillary facilities, decoration, decoration, commercial equipment and all other properties borrowed by the borrower for the purpose of operating the hotel. The insurance covers the total value of the above property or the value of the lender's decision on other risks such as fire, theft, lightning, accident, riot, damage, loss, devaluation or the borrower's decision from time to time.
1.1.17 "interest payment day" means the last day of each interest period.
1.1.18 "interest period" refers to each successive period determined according to the following provisions:
1.1.18.1 the first interest period related to withdrawals should be three months or six months from the date of withdrawals or other periods selected by the lender.
1.1.18.2 each subsequent interest period shall be three months or six months from the last day of the previous interest bearing period or any other period chosen by the lender.
1.1.18.3 if a period of interest is extended or shortened, the next interest period should end as the previous interest period has not been extended or shortened, unless the next interest period itself has been correspondingly extended or shortened.
1.1.18.4 any interest period beyond the last repayment bar should be shortened to the end of the final repayment date.
1.1.19 "loan" means the sum of the principal amount of the loan amount that has been extracted and not yet paid by a borrower at a certain time, or the amount that the borrower has not paid at a certain time according to the terms and conditions of the agreement according to the specific provisions of the agreement.
1.1.20 "month" refers to the period from the date of a calendar month to the next calendar month (including that day), but (1) if the period starts from the last working day of a calendar month and the working day has no corresponding date in the next calendar month, the period should end on the last working day of the next calendar month. (2) if the same day is not a working day, the period should end on the next working day of the same day, but if the next day is not working day, the period should end on the previous working day of the same day.
1.1.21 "mortgage agreement" means a security document that has been or will be signed by the mortgagor in accordance with the format and contents of annex g of this agreement.
The definition of "1.1.22" in this agreement is the same as the definition of "collateral" in the mortgage agreement.
1.1.23 the definition of "mortgagor" in this agreement is the same as the definition of "mortgagor" in the mortgage agreement.
1.1.24 "basic interest rate" refers to the US dollar basic loan interest rate used by the lender from time to time.
1.1.25 "total principal amount" means the total amount of the amount not exceeding the total principal amount of USD (us$_________).
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