Today, with rapid changes, agreements are used more and more frequently, which has played a positive role in the performance of both parties' affairs. So how can the agreement be written to play its greatest role? The following is the debt financing agreement I compiled for you for your reference, hoping to help friends in need.
Debt financing agreement 1 This agreement is made by the following parties on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A: _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID card: _ _ _ _ _ _ ID card: _ _ _ _ _ _ _
Whereas Party A hopes to recommend investors through Party B so that Party A can obtain financing opportunities (including but not limited to equity financing, debt financing, convertible bonds, etc.). ), Party B is willing to provide relevant services for Party A. Through negotiation, both parties reached the following agreement on matters related to Party A entrusting Party B to provide financing services:
I. Financing services
1. Party A and Party B agree that Party B will recommend investors for Party A and provide relevant financing services according to this agreement.
2. Party A agrees that after Party A confirms the investors recommended by Party B, if Party A or its shareholders or other affiliated institutions or personnel reach various investment and financing agreements (including but not limited to equity financing, debt financing, convertible bond financing, etc.) and obtain financing, it will be deemed that Party A has succeeded in financing under the service of Party B, and both parties will sign a confirmation letter of financing success. Party A shall pay the financing service fee to Party B according to this agreement.
Two. Financing service fee and payment method
1. The total service fee for this financing is RMB _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _).
2. Payment method: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Three. Obligations of all parties
1. Obligations of Party A:
1) Party A shall provide detailed information of the financing project (enterprise) as required by Party B, including but not limited to basic information of the project (enterprise) (business license, enterprise code certificate, tax registration certificate), business plan and other materials, and fill in relevant forms truthfully.
2) Party B shall obtain the approval of the competent department of Party A after providing the information of the financing party.
3) During the execution of this Agreement, Party A shall provide necessary support and convenience for Party B's work as far as possible.
4) Party A shall, according to Party B's requirements, issue a valid signature confirmation letter to Party B to confirm Party B's recommendation to investors. Before issuing the confirmation letter, Party A shall not contact the investors recommended by Party B..
5) Party A shall inform Party B of the investment contact, negotiation and cooperation in time, especially the signing of important agreements and the availability of investment funds.
6) Keep business secrets as agreed.
7) Party A shall pay various fees to Party B according to this Agreement, including but not limited to financing service fees.
2. Party B's obligations:
1) Provide preliminary suggestions and guidance on the financing materials prepared by Party A. ..
2) Organize the information provided by Party A and make a simple business plan.
3) According to Party A's project information, check the investor information and conduct investor screening.
4) Recommend Party A's projects to domestic and foreign investors.
5) After Party A issues a confirmation letter to Party B about the investors recommended by Party B, it will provide Party A with investor information to help Party A get in touch with investors.
6) After the signing of the investment (financing) agreement, Party B shall try its best to assist Party A in urging investors to get the funds in place.
7) Keep business secrets as agreed.
Four. Representations and warranties
1, Party A's representation and guarantee
1) Party A has the legal qualification and right to sign this contract, and has taken all necessary actions to obtain authorization, accept the terms and conditions of this contract, and sign and perform this contract.
2) All information and materials provided by Party A to Party B are true, accurate and complete.
2. Party B's statements and warranties
1) Party B has the legal qualification and right to sign this contract, and has taken all necessary actions to obtain authorization, accept the terms and conditions of this contract, and sign and perform this contract.
Verb (abbreviation for verb) is confidential.
1. If the information and materials provided by Party A need to be kept confidential or required not to be fully disclosed to investors, it shall be separately explained to Party B in writing.
2. Party A is obliged to keep all the information of investors obtained from Party B confidential and ensure that these information will not be used for other purposes than financing under this agreement.
3. Party B has the right to provide investors with the information provided by Party A (unless Party A explicitly requests confidentiality or prohibits external provision), and Party B is not responsible for any damage that investors may cause to Party A in the process of possessing and using relevant information.
Other agreements of intransitive verbs
1. Party B is only responsible for recommending investors to Party A. All expenses, disputes and responsibilities arising from Party A's contact with the investors recommended by Party B shall be borne by Party A and the investors themselves, and Party B shall not bear any responsibilities.
2. The travel expenses incurred by both parties for handling the confirmation letter of investor recommended by Party B shall be borne by Party A, and will be deducted from the financing service fee after the financing is successful.
3. If Party A requests Party B to provide business plan preparation, participate in negotiation, investigation, roadshow promotion, etc. Both parties shall negotiate separately, and the relevant expenses shall be borne by Party A, which will be deducted from the financing service fee after the financing is successful.
4. At the request of Party A, Party B may recommend accounting firms, law firms and other intermediaries related to financing activities. All expenses, disputes and responsibilities arising from Party A's contact with the intermediary agency recommended by Party B shall be borne by Party A and the intermediary agency, and Party B shall not bear any responsibilities.
Seven. Alteration, rescission and termination of the agreement
1. Without the written consent of both parties, neither party may change any content of this agreement and its annexes.
2. After this agreement comes into effect, Party A and Party B shall not unilaterally terminate the contract for any other reason.
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3. After the rights and obligations of this Agreement are terminated, both parties shall abide by the principle of good faith and perform the obligations of notification, assistance and confidentiality according to the trading habits. The confidentiality provisions of this agreement shall remain legally binding on both parties after the termination of this agreement.
Eight. Settlement of disputes
1. This agreement is governed by the laws and regulations of People's Republic of China (PRC).
2. All disputes arising from or related to the execution of this Agreement shall be settled by all parties through friendly negotiation. If negotiation fails within 30 days, both parties to the dispute may bring a lawsuit to the people's court with jurisdiction at Party B's domicile.
Nine. Entry into force of the agreement
1. This agreement shall come into effect after being signed and sealed by both parties.
2. For matters not covered in this agreement, both parties shall negotiate separately and sign a supplementary agreement. The annexes and supplementary agreements to this agreement are an effective part of this agreement and are legally binding on both parties.
3. This Agreement is made in duplicate, with each party holding one copy. This agreement shall come into effect after being signed by the legal representatives (or authorized representatives) of both parties and stamped with official seals.
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _
Debt financing agreement 2 Party A: _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID card: _ _ _ _ _ _ _ _ ID card: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Whereas Party A hopes to obtain financing opportunities through Party B's use of the legal creditor's rights of the third party in its hands, Party B is willing to provide relevant services for Party A. Through negotiation, both parties have reached the following agreement on matters related to entrusting Party B with debt financing services:
I. Debt financing services
1. Party A and Party B agree that Party B will pledge Party A's legal creditor's rights to Party A for creditor's rights financing and provide related financing follow-up services according to this agreement.
2. Party A agrees that Party A's confirmation that Party B uses its legal creditor's rights to carry out relevant financing activities and obtain financing shall be regarded as Party A's successful financing under the service of Party B. Party A shall pay Party B the financing service fee according to this agreement. After the financing is successful, 20% of the financing amount will be used as Party A's risk deposit, which will be kept by Party B. The interest of the risk deposit will also be borne by Party A. ..
II. Debt financing service fee and payment method
1. The total service fee for this financing is RMB _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _).
2. Payment method: After signing this agreement, Party A shall pay Party B RMB _ _ _ _ _ _ _ _.
Three. Obligations of all parties
1. Obligations of Party A:
1) Party A shall provide detailed information of the financing project (enterprise) as required by Party B, including but not limited to basic information of the project (enterprise) (business license, enterprise code certificate, tax registration certificate), business plan and other materials, and fill in relevant forms truthfully.
2) During the execution of this Agreement, Party A shall provide necessary support and convenience for Party B's work as far as possible.
3) Party A shall, according to Party B's requirements, issue a confirmation letter with valid signature to Party B to confirm Party B's legal debt financing activities.
4) Party A shall pay various fees to Party B according to this Agreement, including but not limited to financing service fees.
2. Party B's obligations:
1) Provide preliminary suggestions and guidance on the financing materials prepared by Party A. ..
2) According to Party A's project information, consult relevant materials to screen investors.
3) After the signing of the investment (financing) agreement, Party B shall try its best to assist Party A in urging investors to get the funds in place.
Four. Representations and warranties
1, Party A's representation and guarantee
1) Party A has the legal qualification and right to sign this contract, and has taken all necessary actions to obtain authorization, accept the terms and conditions of this contract, and sign and perform this contract.
2) All information and materials provided by Party A to Party B are true, accurate and complete.
2. Party B's statements and warranties
1) Party B has the legal qualification and right to sign this contract, and has taken all necessary actions to obtain authorization, accept the terms and conditions of this contract, and sign and perform this contract.
Verb (abbreviation for verb) is confidential.
1. If the information and materials provided by Party A need to be kept confidential or required not to be fully disclosed to investors, it shall be separately explained to Party B in written form.
2. Party A is obliged to keep all the information of investors obtained from Party B confidential and ensure that these information will not be used for other purposes than financing under this agreement.
3. Party B has the right to provide investors with the information provided by Party A (unless Party A explicitly requests confidentiality or prohibits external provision), and Party B is not responsible for any damage that investors may cause to Party A in the process of possessing and using relevant information.
Other agreements of intransitive verbs
1. Party B is only responsible for recommending investors to Party A. All expenses, disputes and responsibilities arising from Party A's contact with the investors recommended by Party B shall be borne by Party A and the investors themselves, and Party B shall not bear any responsibilities.
2. The travel expenses incurred by both parties for handling the confirmation letter of investor recommended by Party B shall be borne by Party A, and will be deducted from the financing service fee after the financing is successful.
3. If Party A requests Party B to provide business plan preparation, participate in negotiation, investigation, roadshow promotion, etc. Both parties shall negotiate separately, and the relevant expenses shall be borne by Party A, which will be deducted from the financing service fee after the financing is successful.
4. At the request of Party A, Party B may recommend accounting firms, law firms and other intermediaries related to financing activities. All expenses, disputes and responsibilities arising from Party A's contact with the intermediary agency recommended by Party B shall be borne by Party A and the intermediary agency, and Party B shall not bear any responsibilities.
Seven. Alteration, rescission and termination of the agreement
1. Without the written consent of both parties, neither party may change any content of this agreement and its annexes.
2. After this agreement comes into effect, Party A and Party B shall not unilaterally terminate the contract for any other reason.
3. After the rights and obligations of this Agreement are terminated, both parties shall abide by the principle of good faith and perform the obligations of notification, assistance and confidentiality according to the trading habits. The confidentiality provisions of this agreement shall remain legally binding on both parties after the termination of this agreement.
Eight. Settlement of disputes
1. This agreement is governed by the laws and regulations of People's Republic of China (PRC).
2. All disputes arising from or related to the execution of this Agreement shall be settled by all parties through friendly negotiation. If no settlement can be reached through consultation within 30 days, both parties to the dispute may apply to Changsha Arbitration Commission where Party B is located for mediation.
Nine. Entry into force of the agreement
1. For matters not covered in this agreement, both parties shall negotiate separately and sign a supplementary agreement. The annexes and supplementary agreements to this agreement are an effective part of this agreement and are legally binding on both parties.
2. This Agreement is made in duplicate, with each party holding one copy. This agreement shall come into effect after being signed by the legal representatives (or authorized representatives) of both parties and stamped with official seals.
Party A: Party B:
Legal representative: