Simple guarantee agreement template: name of buyer (customer): _ _ _ _ _ _ (hereinafter referred to as Party A)
Name of the Seller: _ _ _ _ _ _ (China) Co., Ltd. (hereinafter referred to as Party B)
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Name of guarantor: _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party C)
At the request of Party A, Party C is willing to provide guarantee for the sales contract (hereinafter referred to as the main contract) signed by Party A and Party B on.
Upon examination, Party B agrees that Party C is the guarantor of Party A's performance of the main contract. The following contract is reached through negotiation among the three parties:
1. Party C shall provide guarantee for Party A to perform its obligations under the main contract, that is, pay the payment to Party B.. The amount of the letter of guarantee is the amount that Party A should pay to Party B but has not paid.
Two. Party C shall be jointly and severally liable for the funds listed in the preceding article. If the payment for goods is not paid in full as agreed in the master contract, Party B has the right to claim directly from Party C. Party C guarantees to pay the above payment within _ _ _ _ _ working days after receiving the written reminder from Party B. ..
3. Party C agrees to repay all the funds and property of the company in advance when Party B claims compensation according to this contract, and transfer the creditor's rights to Party C after Party C pays off. ..
4. Party B hereby agrees that if Party A fails to repay in time temporarily, Party A can put forward a reasonable and effective repayment plan according to Party B's requirements, and Party B will not claim from Party C for the time being, and the time limit for Party B to claim from Party C will be extended accordingly. However, if Party A fails to repay the loan as scheduled, Party B may ask Party C to pay off the loan at any time.
5. Party C's guarantee liability shall not be exempted due to any instruction from Party A's superior unit, changes in Party A's status and financial status, any agreement or document signed between Party A and any unit, or the invalidation or cancellation of the main contract guaranteed by this guarantee contract.
If the organization of intransitive verb Party C is changed or cancelled, it shall notify Party B and Party A in writing _ _ _ days in advance. After the merger of Party C, the changed organization shall bear joint and several liabilities; Or Party A and Party C become new guarantors accepted by Party B. If Party C goes bankrupt, Party A shall provide a new guarantor within two months before Party C goes bankrupt.
7. During the validity of this contract, Party A, Party B and Party C shall not change or terminate this contract without authorization. If it is necessary to change the repayment method of this contract, the three parties shall reach a written agreement through consultation.
Eight. responsibility for breach of contract
If Party C violates Article 2 of this Contract and fails to pay off the due debts on time, Party B may charge _ _ _ _% of the total guarantee amount from Party C as appropriate.
Nine. Method of dispute settlement
The dispute settlement methods of Party A, Party B and Party C are consistent with the agreement in the main contract.
X this contract shall be signed by the legal representatives of party a, party b and party c or their authorized agents and stamped with the official seal of the company, and shall come into effect as of the effective date of the independent contract.
XI。 The original of this contract is in triplicate, with Party A, Party B and Party C holding one copy respectively.
Authorized agent of Party A (official seal) (signature): _ _ _ _ _ _ _ _ _ _ _
Authorized agent of Party B (official seal) (signature): _ _ _ _ _ _ _ _ _ _ _
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Template II of Simple Guarantee Agreement Principal: (hereinafter referred to as Party A) Legal Representative: _ _ _ _ _ _ _ _ _ _ _
Guarantor: (hereinafter referred to as Party B) Legal Representative: _ _ _ _ _ _ _
Whereas:
1. Party A intends to sign a loan contract with (in figures) _ _ _ _ _ _ _ _ _ (hereinafter referred to as "loan contract") with the contract number of _ _ _ _ _ _ _ _ _ _. (in words) _ _ _ _ _ _ _ _ _ _. The term of the loan is from year month to year month.
2. Party B shall provide loan guarantee to the loan bank according to the requirements of Party A, 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 terms agreed in 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 the loan from the loan bank.
Article 2: Counter-guarantee and other risk prevention measures
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:
(1) Mortgaging/pledging Party A's own property (including but not limited to movable property, real estate, intellectual property, machinery and equipment, bills, creditor's rights, charging rights, equity held in other companies, etc.). ) to Party B. To this end, Party A and Party B shall separately sign a mortgage/pledge counter-guarantee contract and go through the corresponding mortgage/pledge registration procedures.
(2) Mortgaging/pledging the property owned by a third party (including but not limited to movable property, real estate, intellectual property, machinery and equipment, bills, creditor's rights, charging rights, shares held in other companies, etc.). ) to Party B. To this end, Party A and Party B shall separately sign a mortgage/pledge counter-guarantee contract and go through the corresponding mortgage/pledge registration procedures.
(3) A third party (including but not limited to enterprise legal persons and natural persons) shall sign an irrevocable counter-guarantee contract with Party B and bear joint and several liabilities.
(4) other ways.
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 to pay Party B a risk deposit of _ _% of the loan amount, * * * RMB (in figures) _ _ _ _ _ _. (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Pay to the account designated by Party B. ..
(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 borne by Party B, and is charged at the annual rate of _ _ _ _ _ _%, * * * (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 validly existing in accordance with the laws of People's Republic of China (PRC).
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.
Article 6: Commitments and guarantees of the legal representative or responsible person of Party A and all directors.
1. The legal representative or person in charge of Party A and all directors promise that all documents, materials and information provided by Party A to Party B are true, complete and accurate, otherwise, Party B has the right to pursue the legal responsibilities of individuals or owners according to law.
2. Due to the breach of contract by Party A or the counter-guarantor, Party B shall bear the repayment obligation of Party A on behalf of the loan bank, and the legal representative or responsible person of Party A and all directors shall be jointly and severally liable for Party B's losses ... The compensation liability of the above-mentioned personnel shall not be released due to the termination of their respective posts.
Article 7: Claims under the Guarantee Contract
1. 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 its behalf as agreed in the guarantee contract. After Party B pays Party A's repayment to the loan bank, Party B enjoys absolute recourse against Party A, the counter-guarantor, the legal representative and successor of Party A, and is not affected by any instructions received by Party A from the superior unit and any agreements and documents signed between Party A and any unit.
2. From the date of prepayment, Party B has the right to charge Party A a penalty in addition to the loan interest rate of the bank for the same period, and to multiply the daily prepayment amount by the actual number of days in advance. 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 8: Late payment fee
Party A shall pay the risk deposit, guarantee fee and other expenses to Party B in strict accordance with the agreement. If Party A fails to pay the above fees to Party B in time, Party A shall pay Party B a penalty of _ _ _ _ _ _ _ ‰ of the total overdue fees multiplied by the number of overdue days.
Article 9: Breach of Contract and Liability
1. Any violation of the terms of this agreement is a breach of contract.
2. 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 will be regarded as Party A's breach of contract and expected breach of contract with Party B. ..
3. 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 10: Party B waives the exercise of rights and remedies.
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, nor does it mean that Party B tacitly accepts that Party A is not liable for breach of contract.
Article 11: Modification of Guarantee Contract
1. When Party A thinks it is necessary to modify the guarantee contract signed by Party B and the loan bank, it shall submit a written application for modification to Party B and explain the reasons ... No matter whether the relevant modification is beneficial to Party A and/or Party B, Party A shall be deemed to agree to the corresponding modification after receiving the written confirmation from Party B, otherwise the modification will be invalid.
2. If the change involves increasing the amount of the guarantee contract and/or extending the guarantee contract, Party A must also increase and/or extend the guarantee for Party B (including but not limited to increasing the third party counter-guarantee and providing new collateral/pledge, etc.). ), otherwise Party B will not accept Party A's amendment application.
Article 12: application of law
This Agreement shall be governed by the relevant laws of People's Republic of China (PRC). In case of any dispute during the performance of this Agreement, both parties shall settle it through negotiation. If negotiation fails, either party shall bring a lawsuit to the people's court where the guarantor is located.
Article 13: Entry into force and termination of the agreement
This contract is made in duplicate, one for Party A and one for Party A..
(There is no text below)
Party A (official seal): _ _ _ _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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Simple Guarantee Agreement Template 3 Party A: _ _ _ _ _ _
Party B: _ _ _ _ _ _
In order to ensure the performance of _ _ _ _ _ _ _ _ _
Article 1: According to the master contract, Party A and Party B shall perform the following obligations: _ _ _ _ _ _ _.
Article 2: Party A shall pay Party B a deposit of RMB _ _ _ _ _ _ _ _ _ _ _ _ within _ _ _ _ _ years.
Article 3: After this contract comes into effect, neither party may change or dissolve it without authorization, unless both parties reach a written agreement through consultation.
Article 4: After Party A has fulfilled its obligations under the main contract, Party B shall return the deposit or use the deposit to offset the amount payable by Party A to Party B. ..
Article 5: If Party A fails to perform the main contract, it has no right to demand the return of the deposit; If Party B fails to perform the main contract, it shall double the deposit. The execution of the deposit penalty does not affect the right of either party to claim compensation.
Article 6: This contract shall come into effect as of the date when both parties sign and pay the deposit.
Party A (official seal) _ _ _ _ _ _ Party B (official seal) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Simple Security Agreement Template 4 Creditor (Party A): _ _ _ _ _ _ _ _ _ _
Guarantor (Party B): _ _ _ _ _ _ _ _ _ _ _
Article 1: In order to ensure the performance of the loan contract signed by Party A and _ _ _ _ _ _ _ (hereinafter referred to as the loan contract).
Article 2: The scope of Party B's guarantee includes the borrower's loan principal of RMB (in words) _ _ _ _ _ _ _ Yuan from Party A and its interest (including compound interest and extra interest due to the borrower's default or overdue repayment), the borrower's liquidated damages and the expenses for realizing creditor's rights (including legal fees and attorney's fees).
Article 3: The term of performance of the loan contract guaranteed by this contract starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The guarantee period of this guarantee contract is two years, counting from the date when the borrower fails to perform the debt.
Article 4: This guarantee contract is independent of the loan contract, and Party B's guarantee liability under this contract is not exempted because the loan contract is invalid.
Article 5: Party B promises to be jointly and severally liable for the repayment obligations of the borrower, and always keeps _ _ _ _ _ _% of the borrower's loan balance in the account opened by Party A as the security deposit for fulfilling the guarantee obligations. If the Borrower fails to fulfill the repayment obligation as agreed in this Contract, Party B promises to fulfill the repayment obligation within _ _ _ _ _ days after receiving the written dunning notice from Party A. If Party B voluntarily fails to do so, it means that Party B authorizes Party A to deduct it from the account opened by it.
Article 6: Party B agrees that when the borrower fails to repay the principal and interest of the loan within the time limit, Party A has the right to directly request Party B to perform its obligations in the manner specified in Article 5.
Article 7: Party B guarantees that if the loan contract under the loan contract expires in advance and the borrower fails to repay the loan in time, Party B will immediately begin to perform the guarantee obligations.
Article 8: Party B guarantees that it has sufficient capacity to undertake the above-mentioned guarantee responsibilities, and is not exempted from responsibilities due to any instructions received by Party B, changes in Party B's financial situation or any agreements signed between Party B and any unit.
Article 9: After this contract comes into effect, Party B shall accept the investigation on its capital and property by Party A, and Party B shall provide relevant information on its assets in time according to Party A's requirements. ..
Article 10: During the validity of this contract, Party B shall provide a guarantee to a third party, which shall not harm the interests of Party A. ..
Article 11: Either party shall not change or terminate this contract without authorization. When one party needs to change the contract, it shall reach a written agreement through negotiation.
Article 12: If the borrower and Party A agree to change the loan contract, Party B shall agree; Without Party B's consent, Party B will only undertake the responsibilities within the scope and duration of guarantee stipulated in this contract. However, if Party A implements the new interest rate due to the adjustment of national policies, Party B's consent is not required. ..
Article 13: If either party fails to perform its obligations as agreed in this contract, causing economic losses to the other party, it shall pay _ _ _% of the guarantee balance to the other party as liquidated damages. If the liquidated damages are insufficient to make up for the losses of the other party, compensation shall also be made for the insufficient part.
Article 14: Other matters agreed by both parties:
1._______________。
2._______________。
Article 15: Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties shall choose one of the following methods:
1. Submit to the people's court where _ _ _ _ _ _ _.
2. Submit to the Arbitration Commission for arbitration.
Article 16: This Contract is concluded in the form of _ _ _ _ _ _ _ _ _.
Article 17: This contract shall come into effect after being signed and sealed by both parties.
Party A (seal) _ _ _ _ _ _ _ Party B (seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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