Highway toll rights pledge contract
Contract number: __________________
Pledgor: ____________________________
residence:______________________
Legal representative: ________________________
Pledgee: ____________________________
residence:______________________
Legal representative: ________________________
Signing time:__________________________
place of signing:__________________________
In order to ensure that the ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
First definition
“Loan contract” means the amount of ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Loan contract.
“________ Highway” means the road from ________________ to ________________ and its ancillary facilities.
The “charge right” is to indicate that the quality person has the right to collect and dispose of the vehicle toll on the ________________ road.
The “charge pledge” refers to the pledge that the quality person pledges the ________________ highway’s right to charge to the pledgee as a borrower’s loan.
“Pledge Owner Supervision” means that the pledgee has sent personnel to supervise the charges, and urges the Pledgor to deposit its fee income into the special account for vehicle toll collection, which is used to return the principal and interest of the loan until the secured debt is paid off.
The second pledgor and the pledgee agree to use the toll right of the highway as the pledge guarantee for the loan contract.
Article 3 The scope of the Pledge Pledge Guarantee is the loan principal and interest, the default of the borrower and the cost of realizing the pledge.
Article 4 Pledge Commitment
Expropriated by the lawful enjoyment of highway toll rights, the quality of the act is true and effective;
When obtaining the approval file of the charging right, it shall be kept by the pledgee;
During the existence of the loan contract, without the consent of the pledgee, the pledgor may not waive, repeat the pledge or transfer the pledge of the pledge to others;
If the State Council, the State Council department in charge of transportation or the provincial people's government instructs the pledgee to transfer the road toll right or use the right to invest according to the needs of the state, the pledgor shall immediately notify the pledgee and use the proceeds from the transfer of the road toll right. Priority shall be paid to the principal and interest of the loan pledge secured by this contract, and insufficient pledged portion shall provide the guarantee recognized by the pledgee.
Article 5 Account Supervision
The pledgor opens a special account for vehicle toll charges at the pledgee or its designated institution and is supervised by the pledgee.
The vehicle toll collected by the pledgor for the right to charge must be deposited in the special account for the toll fee charged. The account is unique and the funds in the account cannot be transferred to the accounts of other banks.
When the borrower fails to perform or does not fully perform the obligation to repay the principal and interest as agreed in the loan contract, the pledgor agrees that the pledgee directly transfers the amount of the special account for the charge to the borrower's repayment fund account, the direct sinking fund account The balance is in accordance with the loan contract.
Article 6: Realization of pledge
Prerequisites for the realization of pledge rights.
1. The borrower does not perform or does not fully perform the obligation to repay the principal and interest as agreed in the loan contract;
2. The pledgor violates the provisions of Articles 4 and 5 of this contract.
The way and order in which pledges are realized.
1. When the first item of Article 6 of this contract occurs, the pledgee first requires the pledgor to perform its obligations in accordance with Article 5 of this contract. If the pledgor fails to perform, the pledgee has the right to impose it in accordance with the provisions of this contract. The funds in the special account for charging shall be transferred to the account of the borrower's repayment fund, and deducted from the account of the repayment fund according to the provisions of the loan contract, or may be directly deducted from the special account for charging;
2. When the pledgee fails to fully realize the creditor's rights according to the provisions of the preceding paragraph, the pledgee has the right to deduct all bank accounts from the pledgor until the creditor's rights are fully realized;
3. When the pledgee fails to fully realize the creditor's rights through the first two measures, the pledgee can realize the pledge by means of supervision by the pledgee;
4. When the pledgee fails to fully realize the creditor's rights through the first three measures, the pledgee may dispose of the pledge right by means of agreement transfer, auction, etc., and receive preferential compensation according to the proceeds.
Article 7 The pledgee may realize the pledge in advance in one of the following circumstances:
The pledged person goes out of business, is dissolved, is revoked, and his business license is revoked;
The pledgee recovers the loan in advance according to the agreement of the loan contract, and the creditor's rights under the loan contract are not realized or are not fully realized.
Article 8 The pledgor shall notify the pledgee in writing of one of the following circumstances:
Changes in operating mechanism, such as contracting, leasing, joint venture merger, separation, shareholding system transformation, joint venture with foreign companies;
Litigation involving major economic disputes;
The right to pledge is disputed;
Closed, disbanded, suspended, rectified, revoked business license, and revoked;
The legal representative, residence, telephone number, etc. have changed.
If the pledgor has the preceding paragraph, the pledgee shall be notified at least 30 days in advance; in other cases listed in the preceding paragraph, the pledgee shall be notified within seven days after the event.
Article 9 The pledgor shall pledge the highway toll rights as the loan guarantee under the loan contract, and the insured contract shall not be invalidated or revoked due to the change, elimination or transfer of the principal of the pledgor, and the pledge and its secured claims shall exist simultaneously. .
Article 10 Due to force majeure factors such as national policy adjustments, natural disasters or third-party reasons, the pledgor loses the right to road toll or affect the income of road tolls. The compensation or compensation received by the pledger shall be used preferentially to repay the loan. Principal interest.
Article 11 After the contract comes into effect, the borrower and the lender agree to extend the time limit for the performance of the loan contract, and shall obtain the consent of the pledge and handle the change registration with the original registration authority.
Article 12 After the entry into force of this contract, both the pledgor and the pledgee shall perform the obligations stipulated in the contract. If either party fails to perform or does not fully perform its obligations under this contract, it shall bear the corresponding liability for breach of contract and compensate for the other party. Loss.
Article 13 The intrinsic derogation contract is independent of the loan contract, and is not changed due to the modification or change of the loan contract, nor is it invalid due to the invalidity of the loan contract.
Article 14 If a dispute arises between the parties to the contract in the course of performance of this contract, it shall be settled through consultation; if the negotiation fails, ________________________.
Article 15 The signing of the essential deed contract between the pledgor and the pledgee shall be signed by the legal representative and affixed with the official seal.
Article 16 The contract of the essential charge shall be approved by the relevant government department, and the pledger shall go through the pledge registration with the relevant registration authority according to law.
Article 17 This contract is a _______ share, each of which is held by _______________.
Pledgor: ________________________________
Legal representative: _________
Pledgee: _____________________________
Legal representative: _________
Highway toll rights pledge contract
Highway toll rights pledge contract
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