Agreement on Assignment of Creditor's Rights 1 Buyer (Party A): Address (Party A): Transferor (Party B): Address (Party B):
According to the Contract Law of People's Republic of China (PRC), both parties transfer the equity of Entity Transfer Network Co., Ltd. (registration number 1 10) to Party A, and Party A agrees to purchase the equity and pay relevant taxes.
Article 1 Division time of creditor's rights and debts
1. After the legal representative of the company is changed, Party A shall assume all creditor's rights, debts and legal liabilities. The specific cutting time of creditor's rights, debts and legal liabilities shall be based on the time when the industrial and commercial changes are submitted.
2. Party B shall bear all creditor's rights, debts and legal liabilities before the change of the legal representative of the company. The specific cutting time of creditor's rights, debts and legal liabilities shall be based on the time when the industrial and commercial changes are submitted.
3. Party B guarantees that the equity transferred to Party A is legally owned by Party B, and Party B has complete and effective disposal rights. And guarantee that the equity transferred by it has no mortgage or other security rights and is not subject to any third party's recourse.
4. List of assets attached to the transferor:
Article 2 After the change of the legal representative of the company is completed, Party A obtains the corresponding right to operate the company.
After the change and transfer, Party B will no longer bear any responsibilities of the enterprise and will not enjoy any benefits of the enterprise.
Article 3 Settlement of Contract Disputes
Disputes arising under this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit shall be brought to the people's court with jurisdiction according to law.
Article 4 Other clauses
1. This agreement shall come into force as of the date of signature by both parties.
2. For matters not covered in this agreement, Party A and Party B shall sign a supplementary agreement, which shall have the same legal effect as this agreement after signing.
3. This Agreement is made in duplicate, with each party holding one copy.
Party A (official seal): _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
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A limited company (hereinafter referred to as "Company A"), a limited liability company established and existing under the laws of China, has its legal address at. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B Co., Ltd. (hereinafter referred to as "Party B Company") is a limited liability company established and existing according to the laws of China, and its legal address is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Factory C is a state-owned enterprise established and existing under the laws of China, and its legal address is located at. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The above entities are individually referred to as "one party" and collectively referred to as "both parties".
foreword
Whereas, Company A, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Whereas: Company A intends to transfer the above-mentioned creditor's rights to Factory C (hereinafter referred to as "creditor's rights"), and Company B intends to accept these creditor's rights;
Therefore, both parties agree as follows:
Article 1 Assignment of Creditor's Rights
Company A agrees to transfer the creditor's rights to Company B according to the terms and conditions of this agreement, and Company B agrees to receive the creditor's rights of Company A according to the terms and conditions of this agreement.
All parties agree that the transfer of creditor's rights under this agreement is free, and Company A will not charge Company B any consideration for it.
Factory C agrees to repay the debt to Company B after the transfer of creditor's rights is completed. These debts include principal (RMB 10,000) and interest.
The way and time limit for repayment of debts by Factory C to Company B are as follows:
The repayment period is from _ _ _ _ to _ _ _ _.
Pay half of the debt principal and interest (interest rate _ _%) to Company B before _ _ _ _ _ _ _ _ _ _ _. 1/2 of the principal and interest of the debt shall be repaid to Company B before _ _ _ _ _ (interest rate _%).
The above-mentioned time limit is the time limit for factory C to pay company B. If company B fails to receive the above-mentioned money in time due to reasons not attributable to factory C, factory C will not bear any responsibility. In addition, after receiving the payment from Factory C, Company B shall issue an invoice to it according to law.
Article 2 Representation, Warranty and Commitment
Company A promises and guarantees that:
It is legally established and effectively exists, has the right to transfer the creditor's rights under this agreement, and can independently bear civil liabilities;
The transferred creditor's rights are legal and valid.
Company B promises and guarantees that:
It is legally established and effectively exists, and has the right to accept the creditor's rights under this agreement and bear civil liabilities independently;
Its creditor's rights transfer under this agreement has been authorized or approved by its internal relevant institutions.
Factory C promises and guarantees that:
Established according to law and effectively existing;
It is willing and able to pay off the above debts to Company B as agreed, and is willing to perform this contract with Company B with the property of _ _ _ _ _ square meters it owns as a guarantee, and the guarantee agreement shall be signed separately by both parties.
Article 3 Liability for breach of contract
Each party agrees that if one party violates its statements, warranties, commitments or any other obligations made in this Agreement, causing other parties to suffer or suffer damages, losses, claims, fines, litigation and arbitration, expenses, obligations and/or responsibilities, the breaching party shall make full compensation to the other party and protect it from harm.
Article 4 comes into force
This agreement shall come into force after being signed by authorized representatives of all parties.
Article 5 Applicable law
The conclusion, validity and interpretation of this Agreement shall be governed by the laws of China.
Article 6 Other provisions
Any amendment and supplement to this agreement must be made in writing and signed by the legally authorized representatives of all parties.
This agreement constitutes all the agreements and understandings reached by both parties on the subject matter of this agreement, and supersedes the previous agreements, understandings and/or arrangements reached by both parties on such matters.
Disputes arising from the performance of this Agreement shall be settled by both parties through friendly negotiation; If negotiation fails, either party has the right to bring a lawsuit to the people's court with jurisdiction.
This agreement is written in Chinese in triplicate, one for Party A, one for Party B and one for Party C, all of which are equally authentic.
In witness whereof, both parties have caused their legally authorized representatives to sign this Agreement on the date first written.
Company A (official seal) Company B (official seal)
Authorized representative: _ _ _ _ _ _ _
Authorized representative: _ _ _ _ _ _ _
Factory C (official seal)
Authorized representative: _ _ _ _ _ _ _
Signature time:
Agreement on assignment of creditor's rights between the parties 3 Brief introduction of Party A.
Party A (transferor of creditor's rights):
Party B (transferee of creditor's rights):
Based on the principle of good faith and in accordance with the Contract Law of People's Republic of China (PRC), General Principles of Civil Law, Civil Procedure Law, Bankruptcy Law and other relevant laws, Party A and Party B have reached the following agreement through friendly negotiation: Article 1 Contents of the assignment of creditor's rights.
1. 1 Party A agrees to transfer its creditor's rights to Industrial Co., Ltd. to Party B according to the terms of this agreement, and Party B agrees to receive Party A's creditor's rights according to the terms of this agreement.
1.2 The transferred creditor's rights are all the creditor's rights declared by Party A during the company's application for bankruptcy reorganization (the final amount shall be subject to the amount decided by the court after the administrator submits it to the court).
Article 2 Transfer Price and Payment of Creditor's Rights
Option 1:
2. 1 Both parties agree that the transfer price of creditor's rights is 10% of the confirmed creditor's rights held by Party A. ..
2.2 Party B will pay Party A in cash within 15 days after this contract comes into effect.
Option 2:
2. 1 Both parties agree that the transfer price of creditor's rights is 40% of the confirmed creditor's rights held by Party A. ..
2.2 Party B shall pay by installments within five years after the contract comes into effect, but not in the first two, third, fourth and fifth years. The date of payment is the date of each year.
The scheme adopted by both parties to this agreement through friendly negotiation is scheme.
Article 3 Representation, Warranty and Commitment
3. 1 Party A promises and guarantees that it is legally established and effectively exists, has the right to transfer the creditor's rights under this agreement, and can independently bear civil liabilities. The transferred creditor's rights are legal and valid.
3.2 Party B promises and guarantees that it is legally established and effectively exists, has the right to accept the creditor's rights under this agreement, and can independently bear civil liabilities; Its creditor's rights transfer under this agreement has been authorized or approved by its internal relevant institutions.
Article 4 Liability for breach of contract
Each party agrees that if one party violates its statements, warranties, commitments or any other obligations made in this Agreement, causing other parties to suffer or suffer damages, losses, claims, fines, litigation and arbitration, expenses, obligations and responsibilities, the breaching party shall fully compensate the other party and protect it from harm.
Article 5 Cost burden
Both parties agree that * * * shall bear the relevant expenses arising from the execution of this transfer contract, and Party A shall bear _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 6 Contract disputes
Any dispute arising from this contract shall be settled by both parties through negotiation. If negotiation fails, either party has the right to bring a lawsuit to the people's court with jurisdiction.
Article 7 This contract comes into effect.
1. This contract is made in quadruplicate, and the text of the contract is _ _ _ _ _ _ _ _.
2. This contract shall come into effect after the reorganization plan of Industrial Co., Ltd. is reviewed and approved by the creditors' meeting.
Party A (official seal): _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agreement on Transfer of Creditor's Rights between the Parties 4 Party A:
Address: Tel:
Party B: ID card:
Address: Tel:
Party C: ID card:
Address: Tel:
Party A, Party B and Party C have reached the following agreement on the transfer of creditor's rights and debts through equal and voluntary negotiation:
1. As of the signing date of this agreement, Party C owes Party B RMB10,000 Yuan.
2. Party A voluntarily transfers its due creditor's rights (price) to Party B. ..
3. Party A transfers its due creditor's rights to Party B for the purpose of paying due debts to Party B instead of Party C within the same creditor's rights.
Four. Party A promises that:
1. After the signing of this agreement, Party A shall actively cooperate with Party B to realize the creditor's rights to the company;
2. After the signing of this agreement, Party A shall not require the Company to perform its debts. If Party B fails to realize the creditor's rights on time due to Party A's reasons, Party A shall be liable for breach of contract to Party B within the scope of the principal and interest of Party B's creditor's rights and the expenses paid for realizing its rights (including but not limited to legal fees, attorney fees and transportation expenses).
Verb (abbreviation of verb) Party C promises:
1. After the signing of this agreement, Party C shall actively cooperate with Party B to realize the creditor's rights to the company. If Party B fails to realize the creditor's rights as scheduled due to Party C's reasons, Party C shall be liable for breach of contract to Party B within the scope of the principal and interest of Party B's creditor's rights and the expenses paid for realizing the rights (including but not limited to legal fees, attorney fees and transportation expenses);
2. Before Party B's creditor's rights can't be effectively compensated according to this agreement, Party C is still jointly and severally liable for repayment within the original debt scope; If Party B fails to realize the creditor's rights as scheduled according to the agreement, Party B has the right to continue to claim rights from Party C. ..
7. This agreement is made in triplicate, one for each party, and shall come into force after being signed and sealed by all parties; Any dispute arising from the performance of this agreement may be brought to the people's court where Party B is located.
Party A (official seal): _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Agreement on transfer of creditor's rights between the two parties 5 Party A (transferor):
Party B (transferee):
In order to properly solve the debt problem, Party A and Party B reached the following creditor's rights transfer agreement according to law through friendly negotiation, and kept it as creditor's rights:
1. Party A and Party B unanimously confirm that Party A owes Party B a loan of RMB * * * (in figures) from the date of signing this Agreement.
2. Both parties agree that Party A will transfer all the creditor's rights against Party C to Party B for exercise, and Party B will directly claim the creditor's rights against Party C according to this agreement.
Three. Representations, warranties and commitments:
1. Party A promises and guarantees that:
(1) It is legally established and effectively exists, and has the right to transfer the creditor's rights under this agreement, and can independently bear civil liabilities;
(2) The transferred creditor's rights are legal and valid.
2. Party B promises and guarantees that:
(1) is legally established and effectively exists, and has the right to accept the creditor's rights under this agreement and bear civil liabilities independently;
(2) Its transfer of creditor's rights under this Agreement has been authorized or approved by relevant internal institutions.
Four. After this agreement comes into effect, Party B shall not claim any creditor's rights from Party A. ..
Verb (abbreviation of verb) If this agreement is invalid or revoked, Party A will continue to perform its obligations according to the original contract and other legal documents.
The parties to the intransitive verb agree that if one party violates its statements, warranties, commitments or any other obligations made in this agreement, resulting in other parties suffering or suffering damages, losses, claims and other responsibilities, the breaching party shall make full compensation to the other party.
Seven. This Agreement shall come into effect after Party A and Party B affix their official seals and are signed by their respective legal representatives or agents authorized by their legal representatives.
Eight. Matters not covered in this agreement shall be handled in accordance with relevant national laws, regulations and rules.
Nine. This agreement is made in triplicate, one for each party, with the same legal effect.
Party A (official seal):
Legal representative (signature):
(or authorized agent):
Party B (official seal):
Legal representative (signature):
(or authorized agent)
Signing time: year month day
Signing place: