ContractNo.: YH
Transaction number: YH. RK-5BBG9 16
Execution code: YHBG3C 12 18.
Signing address: Shenzhen, China
Party A (investor): Hong Kong xxx
Party B (project party): Sichuan xxx
In order to develop supporting construction projects such as education, environmental protection, medical care, transportation and energy, reservoirs and high-tech ports, Party A sincerely arranges financing funds for Party B's projects, and Party B sincerely issues a letter of guarantee, that is, a B/G letter of guarantee bill, for the banks recognized by Party A as collateral for project financing. Party A and Party B agree to establish a Sino-foreign joint venture in Chengdu, China, and Party A will introduce project construction funds as project investment funds. To this end, the two parties reached the following contract terms through consultation.
1. Party A guarantees that it has the ability to arrange the US dollar funds of the world's top 50 banks, and the sources of the funds are good, clean, legal and have no criminal record.
Two. Party B agrees to entrust Party A as the authorized representative of Party B (see Annex 3 for details) to arrange the payment. The funds obtained from financing are guaranteed to be used for the development of China Huanggaoneng electric vehicle manufacturing project (see the project list for details), and shall not be used for arms trading and criminal acts.
Three. Collateral conditions:
1. Name of collateral: letter of guarantee issued by the business department of Chengdu Branch of China Bank of Communications to access the banking system network.
2. Total fund: 10 billion USD.
3. Term: one year and one day (366 days), after which the letter of guarantee will automatically become invalid.
4. The face value of the letter of guarantee: USD 20 million each.
Beneficiary of the letter of guarantee: Party A is the beneficiary of the letter of guarantee, and Party A will close the position and repay the principal when it expires (see Annex II).
6. Payment rate: (100%) face value of bank guarantee (B/G).
7. Annual interest rate: zero (no interest).
8. Operating expenses: After each batch of payment, the project enterprise will return two percent (2%) to Party A..
9. Issuer: Chengdu Branch of China Bank of Communications (five domestic banks are above the provincial level).
10. Operating bank: Bank of China (Hongkong) Branch.
1 1. nature of the letter of guarantee: transferable, divisible, irrevocable, unconditionally confirmed at maturity, confirmed by the issuing bank's head office, and can be queried and transmitted through SWIFT.
12. transaction method (see annex 4): batch multi-card operation between banks (by SWIFT between banks).
Four, operating procedures:
1. Party A and Party B sign this contract in Shenzhen, China. Party A shall provide the coordinates of the operating bank, and Party B shall provide the coordinates of the issuing bank and the documents listed in the operating procedures (see Annex I) of the credit line letter (see Annex V).
2. Within 65,438+06 banking working days after the signing of this contract, Party B shall issue a letter of ability to open a letter of guarantee (B/G) containing the above contents through the issuing bank (see Annex 2) or a copy of the original B/G, and send it to Party A's operating bank through SWIFT for inquiry, and fax the copy to Party A for reference.
3. Party A's operating bank receives the copy of the Letter of Issuing Ability or the original letter of guarantee, and after Party A inquires through SWIFT, it sends the bank payment letter to the issuing bank through SWIFT (see Annex 6).
4. After receiving the bank payment letter, Party B's issuing bank will issue letters of guarantee in batches, and each batch of letters of guarantee will be regarded as a certificate with an amount of not less than USD 500 million. At the same time, the first original batch guarantee (B/G) will be sent to the receiving bank of Party A through SWIFT and faxed to Party A for reference.
5. Party A's operating bank will pay in batches according to the agreed payment rate after receiving copies of the original letter of guarantee in batches. A on the seventh banking day, pay15% of B/G denomination; B. Pay 30% of the B/G denomination on the 2nd1bank working day; C. Pay 55% of the B/G denomination on the 60th bank working day. The amount payable by Party A in installments shall be transferred to the bank account designated by Party B through SWIFT. ..
6. Within seven working days after the funds with the total denomination of each batch of letter of guarantee are put in place, the issuing bank will send the original of this batch of letter of guarantee to the account designated by Party A of Bank of China (Hongkong Branch) through the bank express channel, until it continues to the total financing amount signed in the contract.
Verb (abbreviation of verb) liability for breach of contract:
1. Party A and Party B agree that after the signing of this contract, neither party may unilaterally terminate the contract, and failure to report to the head office of the issuing bank within 15 days is considered as breach of contract. Both parties are absolutely responsible for this and earnestly implement and abide by it. Anyone who breaks the contract will bear all legal responsibilities. The observant party has the right to investigate all consequences of the breaching party. The breaching party shall compensate the observant party for at least 2% of the B/G denomination and pay it to the observant party 1% and other relevant intermediaries 1%. The amount of compensation for this breach of contract is 2%, which is effective at any time without the assistance of international lawyers.
2. Party A and Party B, including the relevant direct or indirect personnel, shall keep absolutely confidential, and shall not disclose the relevant information of the other party, and must strictly abide by the provisions of ICC500/600 on no fraud, no disclosure and no cross-relationship with the other party.
3. This contract is governed by the laws of China, Hongkong and London.
This contract is valid within 30 days from the effective date.
The supplementary contracts, agreements and memoranda related to this contract are regarded as an integral part of this contract.
Seven. This contract is in Chinese, with seven originals and three for Party A; 4 copies for Party B; The witness holds one copy, which has the same legal effect and takes effect after being signed and sealed by both parties.
Party A (investor): Hong Kong xxx Party B (project party): Sichuan xxx.
Legal Representative of Party A Mr. Chen Zhiqing Legal Representative of Party B:
Managing director
Seal: Chen Zhiqing Signature: President Seal: Signature
ID card/passport number: ID card/passport number: 5 10 12xxx
Witness of Party A: (signature and seal) Witness of Party B: (signature and seal)
Id card/passport number
Date in 2000
operation sequence/order
I. Information submitted by the demander
1. Project loan application (in Chinese and English).
2 instructions on the flow and use of funds (two copies in Chinese and English).
3. See the sample list (in Chinese and English) for the main part of project approval.
4. Power of attorney of the demander (two copies in Chinese and English).
5. Company data sheet countersigned by the bank (two copies in Chinese and English).
6. Letter of credit with bank confirmation and seal (see sample) (two copies in Chinese and English).
7. Letter of guarantee (see sample) Bank confirmation (two copies in Chinese and English).
8. The original approval of SAFE and a copy of the bank credit line, stamped with the official seal of the user (in duplicate).
9. When inquiring the sample bank by bank telex SWIFT, the bank shall confirm it, including the document version that should be issued by the relevant bank. (in duplicate)
10, annual interest payment list and repayment plan.
1 1. Copy of business license, legal person certificate and legal person ID card.
Second, the loan will reply to the demand side after studying the above information.
Three. The two sides signed a financing agreement. 4. The demander's bank issues a letter of intent to guarantee the demander and provide financing as collateral in the form of B/G, and the letter of intent is given to the lender (see paragraph (6) above).
Verb (abbreviation of verb) After the lender inquires that the letter of intent is correct, the lender's bank submits the bank details and financing guarantee to the demander.
6. The buyer's bank shall submit a copy of the collateral and the original letter of guarantee to the lender's bank.
Seven, the loan bank received a copy of the original collateral B/G, and after verification, issued to the buyer's bank installment bank statement, referred to as L/G. At the same time, the original B/G of the buyer's bank guarantee was exchanged.
VIII. The lender's bank will start to transfer funds to the bank account designated by the buyer in batches within 10 working days.
Hong kong Xinhai investment development company
Date, month, 2000
Operating bank information
Bank of China (HK)
Address: Hong Kong Garden Road, xx Road 1, Hong Kong
Telegraph: 73772 BKCHLHX
Fax: 00852-28266888
Bank code: BKCHHKHH
Company name: Yemen Investment and Development Company
Account: 012-875-9-218663-9 (USD)
Address: 529 Central Road, Kowloon, Kowloon, Hong Kong
Fnx:(00852)23382099
Website:
Date, month, 2000
Conditions required by the consortium
1. The letterhead of the loan application should have the company name.
2. Project approval
3. Enterprise information (corporate information)
4. The bank agrees to issue a letter of guarantee (one of the top five banks).
5 branches, the local government or enterprise with the signature of the branch (branch level) and bank consultation.
Two, the enterprise will mortgage the project to the bank, and the bank agrees to issue a letter of guarantee.
1, project approval
2. Reply to the feasibility report
3, the people's government to the enterprise project power of attorney
The letterhead of the loan application should have the company name.
5. Repayment plan
6. Coordinate network number of bank guarantee (number can be inquired)
7. Copies of corporate ID card, business license and organization code certificate shall be stamped with the official seal of the enterprise.
8. The procedures of Sichuan Huangcheng Electric Vehicle Manufacturing Co., Ltd. need the approval of the Provincial Planning Commission. If the above terms can be reached, the investor will give a reply within two days and provide a confirmation letter.
If there are national debt projects, they can also be handled together.
20xx year x month x day Guangzhou
Bank loan guarantee (format)
According to the request of the applicant: Sichuan Huangcheng Electric Vehicle Manufacturing Co., Ltd., we agree to provide guarantee for the applicant and issue this irrevocable and confirmed bank guarantee to the beneficiary (Mr. Chen Zhiqing) as the guarantee for the financing contract (contract number). The guarantee amount is RMB, and the annual interest rate is%, which is valid for 10 years from the date of issuance. The specific guarantees are as follows:
1. During the execution of the contract, when the beneficiary informs the applicant in writing that Sichuan Huangcheng Electric Vehicle Manufacturing Co., Ltd. fails to pay the annual interest (equivalent to% of RMB), our bank guarantees to unconditionally pay the annual interest and transfer it to your designated account within seven banking working days, and waives all rights of defense and counterclaim.
2. After the expiration of this contract, when the beneficiary receives the written notice that the applicant Sichuan Huangcheng Company has not repaid the principal or part of the principal of the investment fund, our bank promises to unconditionally transfer the unpaid part of the principal of the capital-guaranteed investment fund to your designated account in one lump sum within seven banking working days, and waives all defenses and litigation rights.
3. This guarantee is irrevocable, non-transferable and irrevocable, and will be paid unconditionally after its expiration.
Issuing bank: China xx (Guarantee Department)
Line number: 6xx
Legal address:No. xx, Chengdu
Tel: 865250 10
President: Jiang xx (signature)
Director of Sales Department: Zhang Ping (signature)
20xx year, month and day