Legal Representative: _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _
Guarantor: (hereinafter referred to as Party B) _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _
Whereas: Party B shall provide loan guarantee to the loan bank according to Party A's requirements and sign a guarantee contract with the loan bank. Accordingly, through friendly negotiation, Party A and Party B have reached the following agreement on the loan guarantee provided by Party B to Party A:
Article 1 On the premise that Party A abides by the provisions of this Agreement and provides Party B with counter-guarantee, Party B agrees to assume the guarantee responsibility for Party A's application for and obtaining a loan from the loan bank.
Article 2 With regard to risk prevention measures such as counter-guarantee:
1. Party A provides Party B with a counter-guarantee accepted and recognized by Party B, and its counter-guarantee measures are in one or more of the following forms:
Party A shall bear all expenses incurred in handling the above matters (including but not limited to mortgage/pledge registration, mortgaged property/pledge insurance, notarization and lawyer's witness).
2. Party A shall pay the risk deposit to Party B:
(1) Party A promises that Party B will pay Party B a risk deposit of _ _ _ _ _ _ _ _ (in words).
(2) After obtaining the relevant certificates that Party A has repaid the loan or that Party A's loan has been deposited into the repayment account, Party B shall return the deposit to Party A the next day or transfer it into the repayment account as agreed to offset part of Party A's loan.
(3) If Party A fails to fully fulfill its repayment obligations on time, or there is corresponding evidence to prove that Party A will have an expected breach of contract, Party B has the right to use the deposit at any time to reduce Party B's liability for compensation and pay all expenses incurred by Party B in fulfilling its liability for compensation.
3. Equity holding method:
Article 3 Guarantee fees and other expenses
1, guarantee fee:
The guarantee fee paid by Party A to Party B is based on the guarantee amount undertaken by Party B, and is charged at the annual rate of _% and * * * (in figures _ _) (in words _ _); Pay _ _ _ _ _ _ _ _ _ _ _ before _ _ _ _ _ _ _ _ On the date when Party B's guarantee contract is signed, Party B has the right to collect the guarantee fee and keep it for Party B. If the effective loan contract between Party A and the loan bank is invalid, the guarantee fee will not be refunded. If Party A or the counter-guarantor defaults or repays in advance, the guarantee fee will not be refunded.
2. Other expenses:
The expenses incurred by Party B in the course of compensation or litigation and the expenses incurred by Party A and/or a third party in implementing risk control measures such as mortgage/pledge shall be paid by Party A to Party B in time.
Article 4 Party A's Guarantee
1. Party A is a citizen, legal person or other organization registered and established according to law.
2. Party A has the capacity of civil rights and civil conduct to sign and execute the loan contract and this agreement with the loan bank.
3. Party A fully accepts the guarantee contract signed by Party B and the loan bank.
4. Party A shall be fully responsible for the authenticity, accuracy, completeness and legality of all documents and materials provided to the loan bank and Party B. ..
5. There is no potential dispute over the collateral/pledge provided by Party A. ..
6. Party A guarantees that Party B will not suffer any damage or loss due to its loan guarantee.
7. Party A promises to seriously, timely and fully perform the loan contract and this agreement signed with the loan bank.
8. Party A is obliged to timely and truthfully inform Party B of the performance of this contract and the following major matters in operation, including: the change of business address and legal representative, any litigation, arbitration and administrative dispute procedures, capital borrowing, operating losses and all other major matters affecting the creditor-debtor relationship of Party A..
9. Party A promises to accept Party B's regular or irregular inspection, and actively cooperate to provide reports and corresponding materials required for inspection.
10. Party A promises to submit monthly financial statements to Party B after signing the loan contract, or submit financial statements and explanations as required by Party B. ..
1 1. Party A shall provide Party B with the current valid business license, articles of association and other relevant documents and approvals required by Party B or considered necessary by Party B, as well as the resolutions of the shareholders' meeting and the board of directors related to this loan and guarantee.
12. Without the prior written consent of Party B, the shareholder composition and shareholding ratio of Party A shall not be changed, and Party A shall not entrust others to operate or manage its business, dispose of any assets, provide any form of guarantee to any third party, lease its core assets, recover its creditor's rights or bring arbitration or litigation against the debtor.
Article 5 Rights and Obligations of Party B
1. Party B has the right to ask Party A to pay the risk deposit, guarantee fee and other expenses.
2. If Party B assumes the guarantee responsibility due to Party A's reasons, Party B has the right to require the counter-guarantor provided by Party A to assume the guarantee responsibility for Party B's losses according to the counter-guarantee measures.
3. If Party B assumes the guarantee responsibility due to Party A's reasons, Party B has the right to exercise the right to dispose of the collateral or pledge (including equity and assets represented by equity) provided by Party A according to law to make up for Party B's losses, and Party A will give up any right of defense, and the expenses arising therefrom shall be borne by Party A. ..
4. Party B is not responsible for the authenticity, accuracy, completeness and legality of the certification documents and materials submitted by Party A to the loan bank. Party A shall be responsible for the legal consequences arising from the above documents provided by it.
5. Party B has the right to consult Party A's financial report and related business conditions, business contracts and agreements.
6. Upon Party A's application, Party B may independently hand over part or all of the above deposit to Party A for use.
7. If Party A or the counter-guarantor breaches the contract, which causes Party B to assume the repayment obligation of Party A on behalf of the loan bank, the legal representative or person in charge of Party A and all directors shall be jointly and severally liable for this part of Party B's losses.
8. The above-mentioned persons concerned shall not be relieved of their liability for compensation due to the termination of their respective posts.
Article 6 Claims under the Guarantee Contract
1. After Party A fails to fulfill the repayment obligation to the loan bank as agreed in the loan contract, which causes the loan bank to require Party B to repay on behalf of the loan bank as agreed in the guarantee contract, and Party B repays Party A on behalf of the loan bank due to the performance of the guarantee obligation, Party B has absolute recourse against the counter-guarantor Party A.. The legal representative and successor of Party A shall not be bound by any instruction from the superior unit or any agreement or document signed between Party A and any unit.
2. Party B has the right to charge Party A according to the loan interest rate of the bank for the same period from the date of prepayment, and has the right to charge _ _ _ _ of the daily prepayment amount. Multiplied by the actual days of advance payment, Party A will be charged a penalty. Party A must unconditionally pay off all the advance payment, interest and liquidated damages to Party B within seven days after receiving the debt collection notice from Party B. ..
Article 7 late fees
1. Party A shall pay the risk deposit, guarantee fee and other expenses to Party B in strict accordance with the agreement.
2. If Party A fails to pay the above fees to Party B, Party A shall pay _ _ _ _ of the total overdue fees. Multiplied by the number of overdue days, Party B shall be paid a late fee.
Article 8 Breach of Contract and Liability
1. If Party A enters bankruptcy proceedings, liquidation proceedings, litigation or arbitration proceedings in violation of other contracts, or disputes between shareholders, or Party A and its major shareholders are investigated for criminal responsibility, it shall be regarded as Party A's breach of contract and expected breach of contract with Party B. ..
2. If Party A commits the above-mentioned breach of contract, Party B has the right to ask Party A to deposit the funds equivalent to the loan balance of Party A into Party B's account, otherwise, Party B has the right to resort to law.
Article 9 Waiver of Party B's Rights and Relief
In the case of Party A's breach of contract, Party B's failure to exercise its rights or corresponding relief measures in time does not mean that Party B finally gives up or acquiesces.