Property equity mortgage contract
In view of the requirements of the 777 branch of the Bank of China, the syndicated loan arranged by the joint leader for Company A agreed to issue a letter of guarantee to ____ Company and ____ Bank. Company A and its shareholders, namely Company B and Bank of China, signed the equity mortgage of the industry. In the same place, the parties hereby undertake the following responsibilities:
Article 1 Company A agrees to pledge the buildings of the ____ Building and all its facilities, property, business income of Company A and all proceeds and rights to Bank of China. BOC has the first mortgage and first lien on all assets. Shareholders agree to pledge the shareholder ownership of all the above assets and all shareholders' rights to Company A to BOC, but the shareholder's liability to Bank of China under this mortgage contract is limited to its shareholding.
Article 2 During the construction of the ____ Building, as all assets have not yet been formed, Company A agrees to the performance bond related to the construction of the ____ Building as “beneficiary”, “header” and “consignee”. The contractual contract and insurance documents and all their securities and property rights certificates were first mortgaged to BOC. All equipment, materials, property, etc. belonging to Company A in the building area of ____ Building are also mortgaged to Bank of China.
Article 3 After the completion of the opening of the ____ Building, Company A agrees to deposit all assets owned by it, whether fixed assets or current assets, whether it is currently or in the future, of any kind, expired or unexpired in any bank. All deposits were given to the Bank of China.
Article 4 The Bank agrees that before the Bank exercises the powers conferred by this mortgage contract in accordance with the provisions of Article 6 of this contract, Company A has the right to use and operate the ____ Building and to use all assets within the normal business scope.
Article 5 Under the premise that the joint lead bank and/or the correspondent bank does not require the Bank to fulfill its obligations under the letter of guarantee, the parties agree to any compensation for the performance bond, contract and insurance documents related to the construction of the ____ building, which shall be paid Company A is used to complete the ____ building and maintain the normal business and repay the loan principal and interest under the loan contract.
Article 6 Under the premise that Company A has not violated the provisions of the loan contract to repay the principal of the loan and the interest incurred, and the joint lead bank and/or the agent bank does not require the Bank to fulfill its obligations under the letter of guarantee, Company A may The loan agreement and the ____ company contract signed between the shareholders distribute dividends to the shareholders. The dividends distributed are the private property of the shareholders and are not subject to this contract.
Article 7 Company A and the shareholders agree that once BOC fulfills its payment obligations under its guarantee letter, it repays part or all of the guarantee amount to the syndicate, or Company A or the shareholder violates any of the terms of this mortgage contract. Bank of China is in Company A. Seven days after the shareholders have received a written notice from the Bank of China, they can automatically acquire ownership of all assets and equity. BOC agrees that if Company A or its shareholders compensate the Bank of China for all losses or compensate for the breach of contract within seven days, the Bank will not exercise its power to acquire ownership.
eighth
Company A and the shareholders agree that: once the Bank acquires ownership of all assets and equity, it can own or operate the ____ building by itself or through a designated person, or after the shareholders decide not to purchase the ____ building, the Bank will handle all assets at will. And equity. The order is: the Bank of China and the shareholders will agree on the price. If the agreement on the sale and purchase price cannot be reached within seven days, the Bank of China can sell the best price at the time of sale and freely include any shareholder. Sell its rights in the __ building.
Bank of China may use the proceeds from operations or sales to compensate for its losses.
If the business or sales proceeds are sufficient to compensate the losses suffered by BOC, the remaining amount will be paid to Company A or its shareholders in accordance with the rights of the parties in the joint venture contract. If Company A or its shareholders have compensated BOC for losses, and Bank of China has not sold the ____ Building, all assets and equity will be returned to Company A and its shareholders.
Article 9 Company A and shareholders guarantee to BOC:
Company A and Company B are registered in ____ and are all reputable legal persons. The signatory of each party involved in this contract is a representative authorized by the board of directors or the competent department of the higher party, and has the right to sign this contract on behalf of the party.
Company A provided the Bank of China with the relevant files and financial statements of the ____ Building during construction and operation on time, so that the Bank can understand the construction, operation and income and expenditure of the ____ Building.
BOC has the right to review all the accounts and business files of Company A, and has the right to attend the Dongchen meeting held by Company A to provide opinions and suggestions on all aspects of Company A's work.
Company A properly repairs and maintains all assets of the ____ Building and insures all necessary insurance according to the actual value of the assets.
Without the consent of BOC, Company A shall not borrow from any bank, enterprise or private party, but BOC shall agree to Company A's development of loans for its normal business, including liquidity. Even if the loan is approved, the rights of other creditors may not precede the Bank of China.
Without the consent of BOC, Company A shall not sell, transfer, mortgage or otherwise dispose of all or part of its assets, but within the normal business scope, supplements, substitutions, leases to lessors, management agreements, and normal business scope Except for other businesses, when any shareholder transfers part or all of the shares, the transferee must be approved by BOC. The rights, obligations and liabilities of the shareholders in this mortgage contract will be borne by the assignee. The interpretation of this clause shall not in any way impede the operation of the ____ building within the normal business scope.
Article 10 Any dispute arising from this mortgage contract shall not be resolved through friendly negotiation and shall be submitted to the Arbitration Commission of China Council for the Promotion of International Trade for arbitration. The arbitral award is final. The arbitration fee shall be borne by the losing party.
Article 11 Any notice issued under this contract requires that the claim or other must be sent in writing and sent to the party at the following address or telex. .
Bank of China ____ Branch Credit Department
address:________
Telex: ____ back number: ____
Company A
address:________
Telex: ____ back number: ____
Company B
address:________
Telex: ____ back number: ____
Any notice, request, claim or other communication made under this contract:
1. If it is sent by telex, it will receive the telegram number;
2. If sent by mail, delivery to the above address is considered a proper delivery.
Article 12 The applicable law of this contract is the laws of the People's Republic of China, including all applicable laws relating to mortgages that have been published and become effective. However, if some special matters in this mortgage contract have not been legally enforceable in China, they can be implemented in accordance with international business practices.
Article 13 This mortgage contract shall become effective from the date of signature until the letter of guarantee issued by the medium behavior loan expires. If BOC fulfills its payment obligations in accordance with the letter of guarantee, the validity period of this mortgage contract will be extended until the amount paid under the BOC guarantee is fully repaid.
Article 14 The expenses incurred in the execution of this mortgage contract, including the notary fee of this mortgage contract, will be borne by Company A.
Article 15 This mortgage contract is written in both Chinese and English, and both texts have the same legal effect.
Bank of China ____ Branch
Representative: ________
Company A:
Representative: ________
Company B:
Representative: ________
Date of the contract: __year__month__day
Place of contract: ________
Article 1 Company A agrees to pledge the buildings of the ____ Building and all its facilities, property, business income of Company A and all proceeds and rights to Bank of China. BOC has the first mortgage and first lien on all assets. Shareholders agree to pledge the shareholder ownership of all the above assets and all shareholders' rights to Company A to BOC, but the shareholder's liability to Bank of China under this mortgage contract is limited to its shareholding.
Article 2 During the construction of the ____ Building, as all assets have not yet been formed, Company A agrees to the performance bond related to the construction of the ____ Building as “beneficiary”, “header” and “consignee”. The contractual contract and insurance documents and all their securities and property rights certificates were first mortgaged to BOC. All equipment, materials, property, etc. belonging to Company A in the building area of ____ Building are also mortgaged to Bank of China.
Article 3 After the completion of the opening of the ____ Building, Company A agrees to deposit all assets owned by it, whether fixed assets or current assets, whether it is currently or in the future, of any kind, expired or unexpired in any bank. All deposits were given to the Bank of China.
Article 4 The Bank agrees that before the Bank exercises the powers conferred by this mortgage contract in accordance with the provisions of Article 6 of this contract, Company A has the right to use and operate the ____ Building and to use all assets within the normal business scope.
Article 5 Under the premise that the joint lead bank and/or the correspondent bank does not require the Bank to fulfill its obligations under the letter of guarantee, the parties agree to any compensation for the performance bond, contract and insurance documents related to the construction of the ____ building, which shall be paid Company A is used to complete the ____ building and maintain the normal business and repay the loan principal and interest under the loan contract.
Article 6 Under the premise that Company A has not violated the provisions of the loan contract to repay the principal of the loan and the interest incurred, and the joint lead bank and/or the agent bank does not require the Bank to fulfill its obligations under the letter of guarantee, Company A may The loan agreement and the ____ company contract signed between the shareholders distribute dividends to the shareholders. The dividends distributed are the private property of the shareholders and are not subject to this contract.
Article 7 Company A and the shareholders agree that once BOC fulfills its payment obligations under its guarantee letter, it repays part or all of the guarantee amount to the syndicate, or Company A or the shareholder violates any of the terms of this mortgage contract. Bank of China is in Company A. Seven days after the shareholders have received a written notice from the Bank of China, they can automatically acquire ownership of all assets and equity. BOC agrees that if Company A or its shareholders compensate the Bank of China for all losses or compensate for the breach of contract within seven days, the Bank will not exercise its power to acquire ownership.
eighth
Company A and the shareholders agree that: once the Bank acquires ownership of all assets and equity, it can own or operate the ____ building by itself or through a designated person, or after the shareholders decide not to purchase the ____ building, the Bank will handle all assets at will. And equity. The order is: the Bank of China and the shareholders will agree on the price. If the agreement on the sale and purchase price cannot be reached within seven days, the Bank of China can sell the best price at the time of sale and freely include any shareholder. Sell its rights in the __ building.
Bank of China may use the proceeds from operations or sales to compensate for its losses.
If the business or sales proceeds are sufficient to compensate the losses suffered by BOC, the remaining amount will be paid to Company A or its shareholders in accordance with the rights of the parties in the joint venture contract. If Company A or its shareholders have compensated BOC for losses, and Bank of China has not sold the ____ Building, all assets and equity will be returned to Company A and its shareholders.
Article 9 Company A and shareholders guarantee to BOC:
Company A and Company B are registered in ____ and are all reputable legal persons. The signatory of each party involved in this contract is a representative authorized by the board of directors or the competent department of the higher party, and has the right to sign this contract on behalf of the party.
Company A provided the Bank of China with the relevant files and financial statements of the ____ Building during construction and operation on time, so that the Bank can understand the construction, operation and income and expenditure of the ____ Building.
BOC has the right to review all the accounts and business files of Company A, and has the right to attend the Dongchen meeting held by Company A to provide opinions and suggestions on all aspects of Company A's work.
Company A properly repairs and maintains all assets of the ____ Building and insures all necessary insurance according to the actual value of the assets.
Without the consent of BOC, Company A shall not borrow from any bank, enterprise or private party, but BOC shall agree to Company A's development of loans for its normal business, including liquidity. Even if the loan is approved, the rights of other creditors may not precede the Bank of China.
Without the consent of BOC, Company A shall not sell, transfer, mortgage or otherwise dispose of all or part of its assets, but within the normal business scope, supplements, substitutions, leases to lessors, management agreements, and normal business scope Except for other businesses, when any shareholder transfers part or all of the shares, the transferee must be approved by BOC. The rights, obligations and liabilities of the shareholders in this mortgage contract will be borne by the assignee. The interpretation of this clause shall not in any way impede the operation of the ____ building within the normal business scope.
Article 10 Any dispute arising from this mortgage contract shall not be resolved through friendly negotiation and shall be submitted to the Arbitration Commission of China Council for the Promotion of International Trade for arbitration. The arbitral award is final. The arbitration fee shall be borne by the losing party.
Article 11 Any notice issued under this contract requires that the claim or other must be sent in writing and sent to the party at the following address or telex. .
Bank of China ____ Branch Credit Department
address:________
Telex: ____ back number: ____
Company A
address:________
Telex: ____ back number: ____
Company B
address:________
Telex: ____ back number: ____
Any notice, request, claim or other communication made under this contract:
1. If it is sent by telex, it will receive the telegram number;
2. If sent by mail, delivery to the above address is considered a proper delivery.
Article 12 The applicable law of this contract is the laws of the People's Republic of China, including all applicable laws relating to mortgages that have been published and become effective. However, if some special matters in this mortgage contract have not been legally enforceable in China, they can be implemented in accordance with international business practices.
Article 13 This mortgage contract shall become effective from the date of signature until the letter of guarantee issued by the medium behavior loan expires. If BOC fulfills its payment obligations in accordance with the letter of guarantee, the validity period of this mortgage contract will be extended until the amount paid under the BOC guarantee is fully repaid.
Article 14 The expenses incurred in the execution of this mortgage contract, including the notary fee of this mortgage contract, will be borne by Company A.
Article 15 This mortgage contract is written in both Chinese and English, and both texts have the same legal effect.
Bank of China ____ Branch
Representative: ________
Company A:
Representative: ________
Company B:
Representative: ________
Date of the contract: __year__month__day
Place of contract: ________
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