Debt financing agreement
Today, with rapid changes and constant changes, the agreement is used more and more frequently, which plays 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 creditor's rights financing agreement I compiled for you, for your reference, hoping to help friends in need.
creditor's rights financing agreement 1
this agreement is made in China on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
party a: _ _ _ _ _ _ _ _ party b: _ _ _ _ _ _ _
legal representative: _ _ _ _ _ _ _ _ _ legal representative: _ _ _ _ _ _ _ _ _
Upon mutual agreement, the following agreements are reached on matters related to Party A's entrustment of Party B to provide financing services:
1. Financing services
1. Both parties agree that Party B will recommend investors for Party A and provide relevant financing services according to the agreement.
2. Party A agrees that after Party A confirms the investor recommended by Party B, if Party A or its shareholders or other affiliated institutions or personnel reach various investment and financing agreements with the investor (including but not limited to equity financing, debt financing, convertible bond financing, etc.) and obtain financing, it will be deemed that Party A has successfully financed under the service of Party B, and a confirmation letter of financing success will be signed by both parties. Party A shall pay the financing service fee to Party B according to the agreement.
ii. Financing service fee and payment method
1. The total financing service fee for this time is RMB _ _ _ _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _)
2. Payment method: _ _ _ _ _. On _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Including but not limited to the basic information of the project (enterprise) (business license, enterprise organization code certificate, tax registration certificate), business plan and other information, and truthfully fill in the relevant forms.
2) after providing the information of the financier, Party B shall obtain the approval of the authority of Party A..
3) during the execution of this agreement, party a shall provide necessary support and convenience for party b's work as much as possible.
4) Party A shall, according to Party B's requirements, issue a confirmation letter with valid signature to Party B to confirm Party B's recommendation to investors. Party A shall not contact the investors recommended by Party B until it issues the confirmation letter.
5) Party A shall inform Party B of investment contacts, negotiations and cooperation in a timely manner, especially the signing of important agreements and the availability of investment funds.
6) keep business secrets in accordance with this agreement.
7) party a shall pay various expenses to party b according to this agreement, including but not limited to financing service fees.
2. Obligations of Party B:
1) Provide preliminary suggestions and guidance on the financing information compiled by Party A..
2) collate the information provided by party a and make a simple business plan.
3) according to party a's project information, check the investors' information to screen investors.
4) recommend party a's projects to domestic and foreign investors.
5) after party a issues a confirmation letter to party b on the investors recommended by party b, it provides 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 do its best to assist Party A in urging investors to get the funds in place.
7) keep business secrets in accordance with this agreement.
iv. representations and warranties
1. representations and warranties of party a
1) party a has legal qualifications and rights 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. Statement and guarantee of Party B
1) Party B has legal qualifications and rights 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.
V. Confidentiality
1. If the information and materials provided by Party A need to be kept confidential or required not to be fully disclosed to the investors, a separate explanation shall be issued to Party B in written form.
2. Party A has the obligation to keep all the materials of investors obtained from Party B confidential and guarantee that they will not be used for other purposes than financing under this agreement.
3. Party B has the right to provide the investors with the information provided by Party A (unless Party A explicitly requests confidentiality or does not allow it to be provided to the outside world), and Party B will not assume any responsibility for the damage that investors may cause to Party A in the process of possession and use of relevant information.
VI. Other agreements
1. Party B is only responsible for recommending investors to Party A.. All expenses, disputes and responsibilities arising from the contact between Party A and 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 in handling the confirmation letter of the 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 requires party b to provide business plan preparation, participation 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 can recommend accounting firms, law firms and other intermediaries related to financing activities. All expenses, disputes and responsibilities arising from the contact between Party A and 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.
VII. Alteration, dissolution and termination of the agreement
1. Neither party shall alter any content of this agreement and its annexes without the agreement reached by both parties through consultation and signed in writing.
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.
VIII. Settlement of disputes
1. This agreement is governed by the laws and regulations of the People's Republic of China.
2. all disputes arising from the execution of this agreement or related to this agreement shall be settled through friendly negotiation between all parties. If no settlement can be reached through consultation within 3 days, both parties to the dispute may bring a lawsuit to the people's court with jurisdiction at Party B's domicile.
IX. Entry into force of the agreement
1. This agreement shall come into force 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 all effective parts 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: _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID card: _ _ _ _ _ _ _ _ _ _ ID card: _ _ _ _ _ _____
In view of Party A's desire to obtain financing opportunities through Party B's use of the legal creditor's rights of a third party, Party B is willing to provide relevant services for Party A.. Upon the agreement of both parties, the following agreements are reached on matters related to Party A entrusting Party B with debt financing services:
1. Debt financing services
1. Party A and Party B agree that Party B will pledge Party A's legal debt in accordance with the agreement to provide debt financing for Party A and related financing follow-up services.
2. Party A agrees that Party A's confirmation of Party B's use of 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 the financing service fee to Party B according to the agreement. And after the financing is successful, 2% of the financing amount shall be reserved as the risk deposit of Party A, which shall be kept by Party B.. The interest on the risk deposit shall also be borne by Party A..
ii. debt financing service fee and payment method
1. the total financing service fee is RMB _ _ _ _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _ _ _ _)
2. payment method:. Party A shall pay Party B RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Including but not limited to the basic information of the project (enterprise) (business license, enterprise organization code certificate, tax registration certificate), business plan and other information, and truthfully fill in the relevant forms.
2) during the execution of this agreement, party a shall provide necessary support and convenience for party b's work as much 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 financing activities with its creditor's rights.
4) party a shall pay various expenses to party b according to this agreement, including but not limited to financing service fees.
2. Obligations of Party B:
1) Provide preliminary suggestions and guidance on the financing information compiled by Party A..
2) according to party a's project information, check the relevant information to screen investors.
3) after the signing of the investment (financing) agreement, Party B shall do its best to assist Party A in urging investors to get the funds in place.
iv. representations and warranties
1. representations and warranties of party a
1) party a has legal qualifications and rights 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. Statement and guarantee of Party B
1) Party B has legal qualifications and rights 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.
V. Confidentiality
1. If the information and materials provided by Party A need to be kept confidential or required not to be fully disclosed to investors, a separate explanation shall be issued to Party B in written form.
2. Party A has the obligation to keep all the materials of investors obtained from Party B confidential and guarantee that they will not be used for other purposes than financing under this agreement.
3. Party B has the right to provide investors with the materials provided by Party A (except those which Party A explicitly requires to be kept confidential or not to be provided to the outside world), and Party B shall not be responsible for any damage that investors may cause to Party A in the process of possessing and using relevant materials.
VI. Other agreements
1. Party B is only responsible for recommending investors to Party A.. All expenses, disputes and responsibilities arising from the contact between Party A and 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 in handling the confirmation letter of the 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 requires party b to provide business plan preparation, participation 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 can recommend accounting firms, law firms and other intermediaries related to financing activities. All expenses, disputes and responsibilities arising from the contact between Party A and 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.
VII. Alteration, dissolution and termination of the agreement
1. Neither party shall alter any content of this agreement and its annexes without the agreement reached by both parties through consultation and signed in writing.
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.
VIII. Settlement of disputes
1. This agreement is governed by the laws and regulations of the People's Republic of China.
2. all disputes arising from the execution of this agreement or related to this agreement shall be settled through friendly negotiation between all parties. If no settlement can be reached through consultation within 3 days, both parties to the dispute may submit to the Changsha Arbitration Commission where Party B resides for mediation.
IX. Entry into force of the Agreement
1. Matters not covered in this Agreement shall be negotiated separately by both parties and a supplementary agreement shall be signed. The annexes and supplementary agreements to this agreement are all effective parts 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: legal representative: