Enterprise financing agreement 3
As society continues to progress, the use of the agreement more and more places to sign an agreement to maximize the protection of their legal rights. So what kind of agreement is valid? The following is my organization's corporate finance agreement, welcome to learn and reference, I hope to help you.
Enterprise financing agreement 1
Signing place:
Signing time:
Party A (funding party)
Party B (borrower)
I. General
Party A with the company's legal person all of the economic and legal responsibility to ensure that the arrangement of good clean, clean clean, non-criminal funds to finance Party B's project.
Party B guarantees with all the economic and legal responsibility of the company's legal person, the ability to issue a certificate of deposit from the bank as a condition of financing the development of Party B's project, and agrees to take the corresponding project guarantee and take the project towing pipe financing.
Second, financing and its related conditions
1, currency: U.S. dollars. Euro. RMB ......
2. Total amount of financing:
3. Financing conditions: bank deposit certificates or letters of credit or guarantees valid for more than one year.
4, the issuing bank: China's four major commercial banks, Bank of Communications or Minsheng Bank, CITIC Industrial Bank, etc.; well-known international banks.
5, borrowing period: 3 - 20 years
6, a one-time interest rate of 6-8% (various costs: U.S. bank operating fees, U.S. investment company commission, the Chinese intermediary fee, etc.)
7, the financing of the annual interest rate: 2.95% (tentative) the finalized interest rate to the Party to play into the The finalized interest rate is based on the long-term lending rate announced by the Federal Reserve at the time of the first payment, and the rate will remain unchanged during the borrowing period.
8, the first tranche: $ 10,000
9, the subsequent tranche: according to the two sides to agree on the implementation of the tranche plan
10, the query mode: swift
11, the mode of operation: bank-to-bank
2, in order to monitor the funds for better operation, Party A sent two people into the leadership of the project company, to participate in the project construction and operation (macro). Operation (Macro)
13. If Party B suffers losses due to poor operation and cannot repay the loan at maturity, Party B's relevant assets will be authorized according to the relevant Chinese laws, and its relevant assets will be transferred to Party A.
Third, the operating procedures
1, the two sides to complete all the financing terms and conditions of the negotiation of the terms of the preliminary work, first of all, by e-mail or fax to the contract for the signing of the confirmation.
2, by fax after the signing of the confirmation of three bank working days, the two sides formally signed the contract, while Party B to provide the coordinates of the receiving bank and the company's effective legal text, a copy of the company's business license, a copy of the corporate code certificate, a copy of the ID card of the legal representative, the board of directors on the financing of the resolution, letter of full power of attorney, and so on.
3, after the formal signing of the contract, Party B shall issue the original bank deposit slip from the bank within half a month, and scan the original bank deposit slip to Party A by e-mail.
4, Party A's bank receives the scanned copy of the original bank deposit slip issued by Party B's bank by e-mail, the query through swift, after the query is correct, within 15 bank working days according to Party B's request to the receiving bank to issue a payment notice.
5, Party A payment notice issued within 21 banking days after the first batch of money to Party B's designated receiving bank.
6, in the first payment in place, the remaining balance in 3-5 months to pay in full.
7, Party B received the full amount, Party A in December 15 each year before the relevant bank with Party B account to Party A issued by the interest sheet to take the interest, while the bank issued by the second year of the interest sheet to Party A.
8, Party B issued by the bank deposit slip in one year and one month after the self-freezing.
Fourth, the legal basis
Paris International Chamber of Commerce icc500 (1993) last revised version of the terms.
V. ***The Same Compliance Clause
Once this contract is signed, no party shall terminate or withdraw this contract for any reason.
Six, the responsibility for breach of contract
1, A and B earnestly carry out the terms of the contract; according to icc500 clause, the defaulting party to the abiding party to compensate for the contract amount of 1% of the liquidated damages, and bear the corresponding legal responsibility.
2, the contract implementation icc500 terms, due to force majeure factors, natural disasters, turmoil, war and caused by this agreement can not be performed when the A and B are not liable for breach of contract.
3, not according to the terms of the contract operation and lead to the termination of the transaction or violation of the terms of the contract is considered a breach of contract.
4, Party B guarantees that the deposit slip and related information and documents issued are legal and true, such as Party A's bank verification found false and untrue, it is considered a breach of contract.
5. If Party A fails to allocate funds to Party B according to the terms of the contract, it will be regarded as a breach of contract.
VII. Settlement of disputes termination
In the event of a breach of contract dispute between the two parties, either party shall have the right to initiate arbitration, the place of arbitration shall be Beijing, and the arbitration authority shall be the China International Economic and Trade Arbitration Commission (CIETAC)/Chinese Chamber of Commerce (CCC) Arbitration Institute (CCCI).
VIII, the entry into force and termination
1, this contract for the Chinese version, in duplicate, each of the two sides of a copy.
2, this contract shall enter into force immediately after the signing of this contract, the two sides agreed in writing all the contents of this contract, fulfillment is terminated.
3, this contract has not been developed separately contract copy, contract copy is an integral part of this contract, and this contract has the same legal effect.
Party A: Party B:
Seal Seal Seal
Signed by representative Signed by representative
Year Month Day Year Month Day
Enterprise Financing Agreement 2Article 1: Party A and Party B
Party A: ______________
Party B: ______________
Article II: Cooperation
In view of Party A and Party B have a clear investment will and investment intention, after friendly consultation, each other in the spirit of mutual benefit and reciprocity, with an eye to the future investment in financing, and hereby sign this agreement.
Article III: the basic rights of both parties
1, Party A throughout the strategic planning of investment projects, construction project access, the submission of the project implementation program;
2, Party B to give Party A the above rights, project investment, supervision of the implementation of Party A's project.
Article IV: Financing projects
1, this agreement does not cover specific investment projects, is a venture capital capital operation, by the Party is mainly responsible for researching the market, looking for investment opportunities, and in the selection of suitable projects with the Party to negotiate with the Party B investment matters, start the investment.
2. Party B accepts Party A's request for financing, and accepts Party A's overall operation of the funds after the capital injection (after the investment).
3, Party A, such as cooperation with a third party, must submit the original contract with the third party to Party B to see, while providing a copy to Party B, and signed an additional agreement attached to this agreement.
Article 5: Financing amount and payment
1, in order to maximize the protection of the rights and interests of Party A and Party B, Party A sets the minimum amount of financing, the minimum amount of financing _____________ million yuan.
2, after the signing of the financing agreement, Party B must be a one-time funds into the same account on both sides of the ****, withdrawals must be confirmed by the signatures of both parties.
Article 6: Equity and Benefit Distribution
1, Party A accounts for _____________% of all equity; earnings are obtained at ___________%, and the time of benefit distribution is once every ___________ month according to the actual situation; Party B accounts for _____________% of all equity; earnings are obtained at ___________% is obtained, and the time of benefit distribution is carried out once every ___________ months in accordance with the actual situation.
2, A and B signed this agreement, Party B will be a one-time funds into the two sides *** the same account name 'public account, withdrawals shall be confirmed by the signature of both parties.
3, A and B are not allowed to unilaterally transfer funds at any time for various reasons, the flow of funds through the two sides to the bank *** with the signature formalities to be effective.
4, such as the loss of capital, Party A does not bear the corresponding responsibility, such as losses beyond the investment amount, A and B *** with responsibility;
Article VII: the rights and obligations of Party B
1, involving third-party contracts, Party B has the right to ask to see the Party and the third party's original contract, photocopy of the contract copy, in accordance with this as a measure of the distribution of benefits of the original material (or the annex to this contract). Materials (or annexes to this contract);
2, involving third-party cooperation, Party B shall not exceed Party A and the third party contact negotiation, or with the third party to sign the relevant agreement directly, or as a breach of contract;
3, the main content of the work of Party B
(1) assessment of the investment program proposed by Party A, with the right of veto;
(2) tracking the implementation of the program, and put forward rationalized recommendations. The implementation of the program, put forward rationalization proposals, supervise the implementation of Party A;
(3) Party A and third-party contracts, subject to Party B's assessment and confirmation before implementation;
Article 8: the rights and obligations of Party A
1, responsible for the entire project to find the feasibility of the pre-feasibility assessment for the project positioning qualitatively, to submit a full analysis of the project program to discuss with Party B;
2, with Party B to discuss with Party B;
2, with Party B to find a project to develop a project to develop the project. p>
2, negotiate with the third party, write the contract text, the contract text shall be evaluated by Party B;
3, responsible for the implementation of the entire project, to ensure that the interests of Party A and Party B are maximized;
4, to solve the problems in cooperation with the third party, to ensure smooth cooperation;
Article IX: Payment of Fees
1, A and B Within three days after the signing of the contract, A and B issued valid documents for *** with the account;
2, the fourth to thirteenth day (within a week), Party B should be all investment funds into the two sides of the *** with the account;
3, the two sides designated _____________ bank;
4, *** with the account name: _________________;*** same account number: _________________.
Article 10: the commitment of both parties
1, Party A shall be in good faith, professionalism, efficiency and professionalism for Party B to provide quality investment services;
2, Party A shall ensure that the provision of a variety of information accuracy, completeness and legitimacy;
3, Party A shall not require Party B to do to engage in things that violate state laws and regulations.
Article 11: Liability for breach of contract
1, if Party A does not fulfill the obligation of good faith, want Party B to conceal, misrepresentation of relevant information and data, then Party A compensate Party B for breach of contract of 5,000 yuan, the automatic termination of this agreement.
2, if party B signed this agreement does not according to the agreement time in *** with the account into the agreement investment amount, compensation for party A 5000 yuan liquidated damages, this agreement continues to be effective.
Article XII: the contract dispute resolution
1, this agreement in the course of the fulfillment of the dispute, the two parties to negotiate a solution; consultation fails, you can apply to the local Arbitration Commission arbitration, or directly to the local people's court of appeal;
2, this agreement is in duplicate, both parties signed to enter into force. Agreement if the need for third-party cooperation in addition to the signing of the agreement, attached to this agreement as an annex.
Party A: ______________ Party B: ______________
ID: ______________ ID: ______________
Contact: ______________ Contact: ______________< /p>
Date: _____________
Corporate Finance Agreement 3Conclusion of the contract between the two parties:
Party A (the seller): (Note: must fill in the full name of the unit registered in the business license)
Registered address: (Note: subject to the business license) Zip code:
Correspondence address: (Note: subject to the actual office address) Zip code.
Legal representative/responsible person:
Contact person: Tel:
E-mail: Fax:
Party B (buyer): (Note: must fill in the full name of the unit registered in the business license)
Registered address: (Note: subject to the business license) Zip code:
Correspondence address: (Note: subject to the actual office address) Zip code:
The company is a registered trademark of the Company, which is registered in the United States and other countries. (Note: the actual office address shall prevail) Zip code:
Legal representative/person in charge:
Contact person: Tel:
E-mail: Fax:
In view of the fact that Party A is carrying out (equity/debt) financing for the project of _________ (hereinafter referred to as the "Target Project"), after friendly negotiation between the two parties, the following full financing cooperation agreement has been reached:
The following is the full financing cooperation agreement.
Article 2: Party A's minimum requirements and commitments for project financing:
1. Financing amount: _________ million yuan.
2, financing period: _________ years
3, the investor can hold (yes / no), can account for the equity ratio of _________%.
4. In case of fixed return (or loan) financing, Party A is willing to pay an annual return interest rate of up to _________%.
5. Party A undertakes and guarantees that the following assets or warrants of itself or others can be used as mortgage or pledge for this financing.
(1) _________.
(2) _________.
(3) _________.
6. In accordance with the provisions of the Articles of Association of Party A, Party A shall convene a shareholders' meeting or the board of directors to make a written resolution of consent to the financing, and give the current legal representative the corresponding authorization, and the original of the resolution of the shareholders' meeting or the board of directors shall be handed over to Party B to keep a copy of the resolution. The shareholders' meeting or board of directors shall approve the agreement within three days after the formal investment (financing or cooperation) agreement is signed. If Party A's legal representative cannot be personally responsible for matters related to the project financing, the company is requested to authorize the person concerned, specify the scope of authorization and issue a power of attorney to facilitate the negotiation and related activities of such person. The original of the power of attorney shall be given to Party B for retention.
Article 3 Rights and Obligations of Party B
1, Party B has the right to communicate and negotiate with investors independently within the scope of Party A's requirements;
2, Party B has the right to receive remuneration for consultancy services as agreed by the two parties;
3, in principle, Party B can not exceed the Party A's requirements, and if in the process of financing, the investor or the target of the financing puts forward the requirements of Party A, then Party B will be entitled to receive remuneration for consultancy services. If in the financing process, the investor or the financing object puts forward matters contrary to Party A's requirements, Party B can not be unauthorized, should seek Party A's advice in writing, to be Party A's formal reply (fax or official text), Party B will then make the corresponding reply to the investor.
4, Party B's main work:
(1) set up a special financing team for the project, and assign the team leader to be responsible for the financing of the project;
(2) go to the project to conduct on-site inspections, and conduct a prudent investigation;
(3) according to the prudent investigation, to formulate the financing strategy of the project and the financing of the implementation of the progress of the plan;
(4) Make a business plan for the project;
(5) Carefully select suitable investors;
(6) Conduct preliminary communication and Q&A with investors;
(7) Organize key investors to visit the project;
(8) Assist Party A in negotiating with the investors;
(9) Be responsible for drafting the relevant investment agreement (draft) and articles of association (draft). draft), articles of association (draft), resolutions of shareholders' meeting (draft), resolutions of board of directors (draft).
(10) Assisting Party A in arranging the signing ceremony.
(11) Advise on the organization of the new company.
5. Party B shall report to Party A in writing every week on the progress of financing the target project.
Article 4 Rights and Obligations of Party A
(1) Party A has the right to obtain the corresponding high-quality services as agreed in the agreement;
(2) Party A has the right to inquire about and supervise the progress of Party B's work on the target project, and Party B shall answer truthfully and in detail.
(3) Party A shall truthfully inform Party B of the matters annexed to this Agreement, and shall not conceal or misrepresent them;
(4) Party A shall skillfully prepare the questions for the investor according to Party B's requirements, and there shall be no mistakes;
(5) Party A shall give a written and formal reply to the questions and requests raised by Party B in the course of the financing within 2 days;
(6) Party A shall Cooperate with Party B in the negotiation with the investors, and shall not postpone or refuse without reason;
(7) Party A shall receive the key investors in a friendly and considerate manner, and may decide whether to request the relevant leaders of the local government departments to participate in the reception according to the instructions of Party B. Party B shall bear the responsibility for the appropriate and proper inspection. Party A shall bear the corresponding legitimate inspection costs (including Party B accompanied by the investor's travel expenses, if the investor requests to bear its legitimate transportation costs, Party A should not refuse).
(8) Party A shall pay the corresponding service fees to Party B as required by the agreement.
Article 5 agreement period: from the date of signing the financing service agreement between the two parties to _________ year _________ month _________ day, due to the Party A reasons for the delay in time then the corresponding period of time will be postponed. If after the expiration of the time, the financing work has entered the substantive key stage, then with the consent of Party A, the period can be extended, specifically by the two parties to sign a supplementary agreement to clarify.
Article 6 Fee Payment
1. The total fee of the financing service shall be paid by Party A to Party B according to _________% of the actual financing amount. Fee payment methods:
(1) down payment deposit, within 2 days after the two sides signed the full financing cooperation agreement and confidentiality agreement, Party A pays _________ the deposit of pre-financing service fee.
(2) Within 7 days after the first financing funds reach the relevant account, Party A pays Party B the rest of the money after deducting the down payment deposit.
2. Party A will transfer the fee to Party B's designated account at Party B's request:
Account name: _________, account number: _________.
Article 7 Commitment of both parties
(1) Party B shall provide Party B with high quality service in the spirit of honesty, professionalism, and high efficiency;
(2) Party A shall be responsible for all the information provided and guarantee its authenticity, completeness, and legality;
(3) Party A shall not require Party B to do anything against the strong state and industry laws and regulations.
Article 8 Default Terms
(1) If Party B does not fulfill the obligations related to financing without any reason after receiving the fees, Party A has the right to ask Party B to return the default amount by double of the amount already paid.
(2) If the financing is not successful within the term of the agreement, and Party A also proposes to terminate the agreement, Party B shall unconditionally return 50% of the deposit paid to Party A, and the agreement shall be terminated. If the financing work is reasonably postponed due to Party A, the term of the agreement shall be postponed accordingly. If Party A requests for a longer delay, Party B has the right to unilaterally terminate the Agreement.
(3) If Party A fails to fulfill its obligation of good faith and conceals or misrepresents the relevant information and data to Party B and the investors, Party B shall have the right to terminate the service agreement in advance and require Party A to pay liquidated damages amounting to twice of the down payment deposit.
(4) If the financing work can not be continued due to Party A's reasons, the investor's funds can not be put in place, such as Party A's bankruptcy and liquidation; Party A gives up this agreement in the middle of the day for various reasons (such as other funds in place, acquired, etc.), Party B has the right to require Party A to continue to perform this agreement, if Party A refuses to continue to perform, Party B has the right to unilaterally terminate the agreement and require Party B to pay the down payment of two times deposit, while retaining the default penalty. If Party A refuses to continue to perform, then Party B has the right to unilaterally terminate this Agreement and require Party B to pay two times of the down payment deposit as liquidated damages, and at the same time, reserve the right to claim damages (including, but not limited to, loss of credibility due to Party A's breach of contract that causes Party B to lose credibility in the field of investors, etc.).
(5) If Party A fails to pay the relevant amount as agreed in this Agreement, a penalty of five thousandths of one percent of the unpaid amount shall be paid for each day of delay from the date when the payment should be made.
Article 9: Option of Party A and Party B
Within one month after signing:
(1) Option of Party A: Party A can terminate this agreement and notify Party B in writing, and Party A can't ask for the fees that Party A has already paid to Party B. Party B can't ask for compensation for Party A's loss of the pre-investment and other related losses due to the termination of the contract. This agreement is terminated early.
(2) Party B's right to choose: If Party B finds that there are fewer interested investors after working for a certain period of time, Party B has the right to terminate the service and notify Party A in writing, but Party B should return all the deposit that Party A has already paid, and Party A should not claim for compensation from Party B. This agreement is terminated early.
Article 10 Contract Dispute Resolution:
Disputes arising in the course of the fulfillment of this contract shall be resolved through consultation between the two parties; failing which, the parties may apply for arbitration by _________ Arbitration Commission, or sue directly to _________ People's Court.
Article XI of this contract in duplicate, signed by both parties to take effect, if the distance is far away, you can also sign by fax, but need to attach the signatory's ID card or legal person's business heat photo fax.
Article XII of this Agreement shall enter into force on the date of signature of both parties.
(No text below)
(contract signature page)
Party A (company chapter): Party B (company chapter):
Legal representative legal representative
(or authorized representative): (or authorized representative):
Date of signing: month and year
Signing place: it is recommended to fill in our signing body Place of signing: It is recommended to fill in our signing subject's location