(9) The guarantor covenants to supervise the use of the debt by the debtor, and the guarantor accepts and cooperates with the creditor in the verification of its qualification, capacity for performing vicarious liability, credit standing and investment.
(10) The guarantor is willing to assume the guarantee liability with all the property owned. Before the settlement of the secured debt, the guarantor covenants not to provide guarantee to any third party without the written consent of the creditor. If the guarantor’s property then is not sufficient to cover the guarantee liability, the guarantor undertakes to continue to be liable for liquidation of the insufficiency.
(11) The guarantor is not involved in any economic, civil, criminal, administrative proceedings, or similar arbitral proceedings that may have a material adverse effect on it, nor does it have any circumstances that could lead to its involvement in such proceedings or similar arbitral proceedings.
(12) No important assets of the guarantor is subject to any enforcement, seizure, detention, freezing, lien, or regulatory measures, or is under any circumstances that may lead to such measures.
6.2 If the guarantor is an institution, the guarantor further covenants as follows:
(1) None of the guarantor and any of its shareholders and affiliates has been involved in any liquidation, bankruptcy, reorganization, consolidation (merger), spinoff, restructuring, dissolution, capital reduction or similar legal proceedings, and no circumstances that may lead to such legal proceedings has occurred to them.
(2) Submit the financial statements (including but not limited to annual reports, semi-annual reports, quarterly reports and monthly statements) and other relevant materials to the creditor on a regular or timely basis as required by the creditor.
(3) If the guarantor has entered into or will enter into a counter-guarantee agreement or similar agreement with the debtor with respect to its guarantee obligations hereunder, such agreement will not prejudice any rights of the creditor hereunder.
(4) The guarantor cannot undergo merger, spinoff, capital reduction, equity transfer, foreign investment, substantial increase in debt financing, transfer of major assets and claims, and other matters that may adversely affect the guarantor’s guarantee ability unless the prior consent of the creditor is obtained.
(5) Under any of the following circumstances, the guarantor shall promptly notify the creditor:
a) any change in the articles of association, business scope, registered capital, and legal representative;
b) changing the business mode by carrying out any form of joint operation, establishing joint venture with, cooperating with foreign investors, contracting, restructuring, institutional shift, planned listing or otherwise;
c) being involved in a major litigation or arbitration, or having the property or collateral being seized, detained or regulated, or creating a new security interest in the collateral;
d) discontinuation of business, dissolution, liquidation, suspension of business for rectification, being revoked, being revoked of business license, and (being filed) filing for bankruptcy;
e) Any of its shareholders, directors and current officers is suspected of being involved in major cases or economic disputes;
f) an event of default under any other contract;
g) running into trouble in operation and deterioration of financial condition.
6.3 If the guarantor is a natural person, the guarantor represents and covenants as follows:
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Contract version number: FB201603 (Corporate) | | Page 5 of 11 |