Exhibit 10.4
Guarantee Contract for No.:
4403402912009110028
China Development Bank Co., Ltd.
RMB Capital
Lender: China Development Bank Co.,
Ltd.
Address:
707F,Buliding 9,Xiangxie Garden, Nongyuanlu, Futian District,
Shezhen
ID No.:
422426195803290012
Lender:
China Development Bank Co., Ltd.
Add: No.29 Fu
Cheng Men Wai Dajie, Xicheng District, Beijing, China
Legal
Representative: Chen Yuan
Operation
Branch: China Development Bank Co., Ltd., Shenzhen
Branch
Branch Address:
12-15/F,Citic Building,No.1093
Shennanzhonglu,Shenzhen,China
Branch Manager:
Yu Xiaoping
To ensure that
the Borrower (“Shenzhen Diguang Electronics Co., Ltd.”)
fulfills its loan contract No. 4403402912009110028 signed with the
Lender (hereinafter referred to as the “Main
Contract”), the Guarantor is willing to provide the guarantee
to the Lender. The Guarantor and the Lender have reached an
agreement to conclude this Contract.
Except for the
other stipulation of this Contract, the terms relating to the
definition in this Contract are the same as the Main
Contract.
Under the Main
Contract, the Borrower borrows RMB30 million that is thirty million
Yuan for one year , that is from the draw down date to the first
anniversary of such date.
The scope of
guarantee includes all principal, interest, default interest,
compensation, liquidated damages, damage awards and costs to gain
the right of mortgage of the borrowed amount as stipulated in the
Main Contract (include but not limited to the litigation or
arbitration fees, property preservation fee or evidence
preservation fee, enforcement fee, evaluation fee, auction fee,
appraisal fee, lawyer fee, travel fee and investigation-evidence
collection fees, etc.).
With the
repayment of principal amount borrowed in the Main Contract, the
principal amount secured under this Contract reduces
correspondingly.
The Guarantor
will provide the unlimited and joint obligation guarantee to the
Lender as specified under the scope of guarantee in this Contract
with all his personal properties (including the property that
belongs to the Guarantor in all the personal and husband-wife joint
properties).
No matter
whether or not the Borrower provides the material guarantee for the
Main Contract, if the Borrower fails to repay the loan under the
guarantee scope of this Contract, the Lender has the right to
directly demand the Guarantor to undertake the guarantee
responsibility, and the Guarantor should make the settlement within
5 days after receiving the written notice for fulfilling the
guarantee responsibility.
The guarantee
period of this Contract is two years starting from the expiry date
of the fulfillment period of each liability under the Main
Contract.
5.
Representations and Warranties given by Guarantor
(A) The
Guarantor is a citizen of P.R.China and has entire civil ability at
the time when this Contract is executed.
(B) For the
Guarantor, there is neither the personal liability nor any
influence on the litigation or arbitration for the status of his
personal property.
(C) The
Guarantor has the full right and power to sign this Contract and to
make the transactions under this Contract. This Contract is
effectively signed by the Guarantor.
(D) All
documents and materials provided by the Guarantor to the Lender are
true, accurate and complete.
(E) The
financial status of the Guarantor is sufficient to ensure that he
is able to fulfill the guarantee responsibility.
(F) The
Guarantor is willing to undertake the joint guarantee
responsibility with all his owned properties.
(G) The
Guarantor agrees to provide a list showing all his personal
properties (Annex 1) to the Lender. If the Lender thinks it
necessary, an evaluation of the listed properties can be made with
the evaluation fee to be undertaken by the Guarantor.
(H) The
Guarantor undertakes to own the entire ownership (or disposition)
of the listed properties. If the Lender thinks that it is
necessary, an insurance policy can be made to part of its
properties or the mortgage or pled
