Maximum Volume Guarantee Agreement
(TRANSLATION)
Guarantor shall
carefully read content of this guarantee agreement, especially the
content marked ▲▲. Please contact loaner for
explanation if you have any question.
Guarantor: Chen Dong
Legal
representative:
Type of
certificate: Passport Card no.:
BA118201
Location of
residence: ________________________________________________________
Post
address: Room 304,Lianhua Bei, Futian District, Shenzhen,
Guangdong,China
Postal Code:
Telephone: 33965188
Loaner: Bank of
Communications Co., Ltd Huafu Branch
Postal address:
1 st Floor West, Zhonghang Building, Futian District,
Shenzhen
Whereas,
Long-e Technology (Shenzhen) Co., Ltd (hereunder refers to
“debtor”) dually signed the main contract (Contract
no.): BCMS4433102008L100000000 , Name: Maximum Volume
Guarantee Agreement . In order to realize the loan shall be
continuously realized, guarantor agrees to offer the guarantee for
maximum volume.
Both guarantor
and Loaner come into an agreement to identify obligations and
duties of both parties.
1.1 Guarantor offered guarantee services for
total main loan which are main loan claims under main agreement,
including all types of loan, import trade, import financing
collecting, financing for import, export trade, collection for
export financing, financing for export invoices, packing credit and
other financing offered by loaner, or, bank acceptance bill, letter
of credit or back letter( including standby letter of credit) made
by loaner to have right on loan (including or having).
When main loan happened under main contract,
loaner and debtor shall dually agreed on currency, amount, interest
rate and time limit of debt performance for relevant loan principal
in record of “Application for Credit
Volume”.
1.2 Scope of guarantee shall include principal,
interest, compound interest, penalty interest, liquidated damages,
damage compensation, and expenses for loan realization under main
contract. Expenses used for loan realization shall include and not
limited to overdue fee, litigation fee (or arbitration fee),
protection fee, notice fee, performance fee, legal fee, traveling
fee or other expenses.
Maximum volume under guarantee by guarantor
shall be (currency in capital): said RMB twenty millions
only . Interest, expenses (if have) in scope of guarantee shall
depend on reality.
1.3 Main credit relationship being guaranteed
under agreement herein shall be identified on occurrence date of
latest main credit relationship (refers to “identification
date of main credit relationship”). Otherwise, the date of
credit cancellation shall be the identification date of main credit
relationship, if creditor cancelled credit volume depend on main
contract.
Main credit relationship or interest (including
compound interest and overdue or misappropriate penalty interest)
which continuously maintained until the time that guarantors
undertake the obligations before identification date of main credit
relationship (including that very day), fees used to realize credit
relationship of loaner ( by provision 1.2 of agreement herein) or
other relevant expenses totally included in the scope of guarantee
contract herein.
Occurrence of main credit relationship means
actions that loaner offer loan, financing or make bank acceptance
bill, letter of credit or back letter.
Ⅱ. Obligations and duties of
guarantee
2.1 Guarantee under this agreement refers to
guarantee with joint liability.
2.2 Guarantee period shall be calculated
accordance to debt performance date recorded in “Application
for Credit Volume” under main contract, if there are bank
acceptance bill, letter of credit or back letter made, the date
shall depend on advance date, same as follow). Guarantee period in
each “Application for Credit Volume” shall start from
expired date of debt performance date (or advance date) agreed in
each Application for Credit Volume, until two years after the
expired date of debt performance date (or advance date) agreed in
each “Application for Credit Volume”.
“Application for Credit Volume”
under main contract agreed that debtor may repay loan by
installment. Guarantee period shall be calculated respectively,
period shall start from expired date of debt performance date (or
advance date) until two years after the expired date of debt
performance date (or advance date).
If loaner announces the loan under main contract
shall be expired in advance, the expired debt performance date
shall be the announced expired date instead.
▲▲2.3 Pursuant to provision 5 in
“Guarantee Law of People’s Republic of China”,
both parties under this agreement have entered into agreement
especially hereunder: guarantee contract herein has separate
effect out of main contract. Relevant provision in main contract
cease in effect will not have influence on guarantee contract
hereto. Guarantor shall undertake joint liability for compensation
obligations if the main contract ceased in effect.
▲▲2.4 Guarantor shall not make
consent on amendment of content in main contract or
“Application for Credit Volume”, otherwise, guarantee
shall make consent on amendment on credit volume, credit period or
expired date of main contract.
▲▲Ⅲ. Guarantor’s
statement and guarantee