Party A: _______________
Party B: _______________
Party A and Party B have reached an agreement through friendly negotiation on the mutual guarantee for the enterprise's loans to banks or relevant financial institutions. As follows:
1. The investment direction of loan funds requires that the investment direction of the loan funds used by one party shall comply with the national industrial policy and the business scope permitted in the corporate business license. Party A and Party B promise to provide each other with the necessary funds to process the loan. credit guarantee, and sign a guarantee contract with the creditor bank or relevant financial institution as required by the other party.
2. Principle of Mutual Guarantee Mutual guarantee adopts the principle of equal amounts, and the balance of the guarantee shall not exceed RMB ____________________. This limit applies to all loans or credits granted on a recurring basis within the validity period stipulated in the loan contract signed by each party with a bank or futures-related financial institution (hereinafter referred to as the "loan contract").
3. The loan contract referred to in the previous article of mutual guarantee period is limited to the maturity date of the loan signed with the bank or relevant financial institution from the date of signing of the agreement in _______year_______month_ Loan contract before ______ date.
IV. Agreement Effectiveness The mutual guarantee period shall be from the effective date of this agreement to ________ years after the expiration of the debt performance period stipulated in the loan contract. During this period, if the creditor-debt relationship in the loan contract disappears due to the respective repayment behaviors of Party A and Party B, this agreement will automatically become invalid.
5. Scope of mutual insurance The scope of mutual insurance is all debts under the loan contract and the relevant guarantee contract signed with the bank or relevant financial institution in accordance with this agreement (hereinafter referred to as the "guarantee contract"), including But not limited to: principal, interest, penalty (compound) interest, liquidated damages, damages and various ancillary expenses. The mutual insurance entities are Party A and Party B or their absolutely controlled subsidiaries. In order to ensure the interests of both parties, some shareholders of Party A and some shareholders of Party B are willing to provide counter-guarantee and bear the joint and several liability of the guarantor. (Separately sign a counter-guarantee agreement)
6. Reimbursement Agreement If either party fails to perform the debt performance period stipulated in the loan contract upon expiration or fails to fully perform the due debts, or fails to comply with the time stipulated in the loan contract, The party providing the guarantee guarantees that after receiving the written notice from the creditor bank requiring the guarantor to perform its guarantee obligations, the party providing the guarantee will unconditionally repay the debt owed on its behalf according to the notice of the creditor bank within _______ days.
7. Changes to the Guarantee Contract Any changes to the loan contract made by either party, the lending bank or relevant financial institution must seek the consent of the guarantor in advance. After the guarantor agrees, the guarantor will continue to assume joint and several guarantees for the modified loan contract. liability and sign a supplementary guarantee agreement.
8. Agreement on transfer of claims and debts
1. A creditor bank or relevant financial institution in a loan contract may transfer all or part of its claims to any third party in accordance with the law without obtaining a guarantee from the party in advance. With the consent of the guarantor, the guarantor party will continue to bear joint and several liability for the guarantee scope and guarantee period stipulated in the loan contract and guarantee contract.
2. During the mutual guarantee period, neither party shall transfer all or part of its rights and obligations under the loan contract and guarantee contract to any third party without the written consent of the other party.
9. Obligations and Notification Clauses of Major Events
1. Party A and Party B promise to fulfill the obligations stipulated in their respective loan contracts.
2. The guarantor has the right to require the other party to truthfully provide relevant financial statements and other information that can reflect its solvency.
3. After either party repays the loan from the creditor bank or relevant financial institution within the time limit stipulated in the secured loan contract, it shall fax or mail a copy of the loan repayment voucher to the guarantor within _______ days.
4. If either party plans to engage in contracting or leasing operations, mergers or acquisitions, partial or full shareholding reform, division or joint venture, joint venture cooperation, property rights transfer, asset or debt restructuring and suspension, bankruptcy, dissolution, In case of bankruptcy or other acts, the other party should be notified in writing _______ days in advance and explain the relevant plan. Both parties will negotiate with the creditor bank or relevant financial institution in the loan contract and adopt measures recognized by the three parties to protect the creditor bank or relevant financial institution. The institution's claims are not infringed.
10. Early termination of the mutual guarantee agreement If there is evidence that one party has suffered serious operating losses, its bank has poor reputation, or company dissolution, division, or other major events have occurred, which may bring anticipated risks to the other party, The other party has the right to terminate the above agreement early and report it to the relevant financial institution.
11. Other matters not covered shall be resolved through negotiation between the two parties.
12. This agreement will come into effect upon signature by both parties. This Agreement is made in duplicate, with each party holding one copy.
Party A (signature and seal): ______________ Party B (signature and seal): ______________
Representative (signature): ______________ Representative (signature): ______________
Signing date: _________year_______month_______day
Signing place: ______________________