Pledge Guarantee Contract (I) Pledgee (Party A):
Domicile (address):
Legal representative:
Contact person:
Tel: Fax: Postal Code:
Pledger (Party B):
Domicile (address):
Tel: ID number:
According to the agreement of 1997. In the Entrusted Guarantee Contract signed between Party A and (hereinafter referred to as the Borrower), Party A acts as the guarantor to provide guarantee for the RMB bank financing of the Borrower. Now Party B voluntarily takes the shares it holds (hereinafter referred to as the pledged subject matter) as the borrower to provide Party A with pledge counter-guarantee. Party A and Party B sign this contract through negotiation.
Article 1 The object of pledge of rights
As a percentage of the shares, the capital contribution is RMB 1 ten thousand yuan.
Article 2 Pledge value of the subject matter of pledge of rights
Party A and Party B agree that the pledge value of the subject matter of rights pledge is RMB.
Article 3 The scope of counter-guarantee pledged by Party B includes:
1. All the money repaid by the borrower when Party A performed the guarantee obligations agreed in the Entrusted Guarantee Contract, as well as the interest and other expenses and losses since the date of payment;
2. The liquidated damages and compensation that the borrower should pay to Party A as stipulated in the Entrustment Guarantee Contract, and the expenses for realizing Zhao Quan's pledge (legal fees, attorney fees, auction fees, evaluation fees, travel expenses of recovery personnel, printing fees, pledge transportation fees, pledge transfer fees, various taxes payable for transfer, etc.). ), as well as other expenses and losses.
3. During the validity period of this contract, if Party B transfers or re-pledges the pledged property under this contract to any third party or disposes of the pledged property in any other way without the written consent of Party A, its behavior is invalid, and Party A can still exercise its rights on the pledged property; If any third party infringes on Party A's rights under this contract, Party A has the right to bring a lawsuit.
Article 4 Pledge period: from YY to YY.
Article 5 As the pledger of this contract, Party B makes the following statements and guarantees on this contract:
1. Party B guarantees that it is the complete, effective and legal owner of the collateral under this contract;
2. Party B guarantees that there is no comprehensive dispute over the pledged property under this contract;
Three. Party B guarantees that the pledge and future transfer of the pledged goods under this contract are not subject to any legal restrictions;
Four. Party B declares that it did not dispose of the pledge under this contract before the signing of this contract, especially did not set any mortgage or pledge, and there is no other third party right on this pledge; And before the pledge is released as agreed in this contract, without the written consent of Party A, Party B shall not transfer, re-pledge the pledged property to any third party or dispose of it in any other way. ..
5. Party B declares and promises that it has not done and will not do anything that may cause losses to the pledgee and devalue the pledged property;
The intransitive verb Party B declares that it voluntarily signs this contract and considers that it has all necessary rights and authorization to sign this contract and perform its obligations under this contract.
Article 6 Within seven days after the signing of this contract, Party B must cooperate with Party A to complete the pledge registration procedures, obtain the pledge registration certificate, and record the pledge matters in the register of shareholders of the company. No matter whether the contract is overdue or not, it shall be regarded as Party B's breach of contract. All expenses required for the pledge registration shall be borne by Party B. Before the pledge registration is completed, Party A has the right to refuse to perform the guarantee obligation under the Entrusted Guarantee Contract.
Article 7 If Party A is unable to enjoy the pledge due to Party B's violation of Article 7, Party B shall be jointly and severally liable to Party A for all debts owed by the borrower, and Party A may require Party B to pay a penalty of 65,438+00% of the pledged value of the pledge.
If Party B violates Party B's obligations or guarantees agreed in this contract, it shall pay Party A a penalty of 65,438+00% of the pledged value of the subject matter of rights pledge, and bear all losses caused to Party A therefrom.
Article 8 Realization of Pledge Right
If Party B fails to pay off the compensation within 65,438+00 days after Party A performs the compensation obligation according to the Entrusted Guarantee Contract, Party A shall discount the pledge of rights in the form prescribed by law, or auction or sell the pledge according to law.
If the proceeds from the pledge of rights are discounted or are still insufficient to pay off after auction or sale, Party A has the right to continue to claim compensation from Party B for the insufficient part.
Other terms agreed in Article 9.
Article 10 Settlement of disputes
Disputes arising from this contract can be settled by both parties through consultation. If negotiation fails, both parties agree to bring a lawsuit to the people's court where Party A is located.
Article 11 This contract shall come into effect after being sealed by Party A and signed by Party B.. Party B shall deliver the shares to Party A and record them in the register of shareholders. If required by Party A, it shall be notarized, and all expenses shall be borne by Party B. ..
Any supplement, modification and change related to this book shall be agreed by both parties and a written agreement shall be signed.
The place where this contract is signed is the place where Party A is located.
Article 12 This contract is made in quadruplicate, one for each party, and submitted for the record.
Party A: (official seal)
Legal representative:
(or authorized agent)
Date, year and month
Party B: (seal or signature)
Date, year and month
Pledge Guarantee Contract (II) ContractNo.: Pledge Promise. _ _
Pledgee: (hereinafter referred to as Party A)
Pledger: (hereinafter referred to as Party B)
According to the Entrusted Guarantee Contract signed by Party A and Party B (hereinafter referred to as the Entrusted Contract) and the Guarantee Contract signed by Party A and Rongchang Rural Credit Cooperative Association (hereinafter referred to as the Lender), Party A, as the guarantor, borrows RMB10,000 from the Lender [(Rural Credit Cooperative]]. In order to ensure the realization of Party A's secured loan creditor's rights, Party B shall provide Party A with counter-guarantee. According to the provisions of relevant laws and regulations, Party A and Party B enter into this contract through consultation.
I. Types and amounts of principal creditor's rights pledged by counter-guarantee:
That is, the loan with credit guarantee provided by Party A as agreed in the above loan contract signed by Party B and the lender is RMB 1 million.
Second, the time limit for the debtor to perform the debt:
From June to June.
Three. Counter-guarantee pledged property:
Party B is willing to provide Party A with the pledged counter-guarantee with the property that it enjoys the ownership or disposal right. See the Pledged Property List (attached) under this contract for details, which is an integral part of this contract.
Four. Scope of pledge counter-guarantee:
(1) All debts paid off by Party A on behalf of Party B (principal, interest, compound interest, liquidated damages of Party B, custody fees of pledged property, expenses for realizing creditor's rights, etc.). ), and the compensation fund occupation fee that Party B should pay to Party A. The compensation fund occupation fee is based on all the compensated debts, and is calculated by 50% increase in the benchmark interest rate of bank loans in the same period from the day after compensation.
(2) The liquidated damages, compensation and guarantee fees that Party B shall pay to Party A as stipulated in the entrustment contract. The guarantee fee is calculated according to the actual guarantee period, guarantee amount and guarantee rate.
(3) Expenses incurred by Party A to realize the pledge, such as attorney fees, attorney fees, consulting fees, travel expenses, etc.
Verb (abbreviation of verb) Date of handover of pledged property:
Party B shall hand over the pledged property and the pledged property certificate to Party A for possession, and Party A shall issue a receipt to Party B, and at the same time, Party B shall pay Party A the custody fee of the pledged property.
Other special items of intransitive verbs:
(1) The expenses of notarization, evaluation, registration, appraisal, insurance, maintenance and storage of the counter-guarantee contract shall be borne by Party B, and Party A shall keep its relevant property right certificate and all legal documents.
(II) Before the signing of this contract, Party B shall take out property insurance for the pledged property. The first beneficiary of the insurance shall be Party A, and the insurance period shall be longer than the six-month guarantee period. The relevant documents of pledge insurance shall be kept by Party A. During the pledge period, if the pledged property suffers losses within the scope of insurance liability, Party B agrees that Party A shall handle the insurance compensation obtained according to the following principles:
1, which shall be deposited into the designated account by Party A;
2. If Party B repays the principal and interest in full and on time, Party A will return all the insurance compensation to Party B;
3. If Party B fails to repay the principal and interest in full and on time, after Party A assumes the liability for compensation, the insurance compensation will be used for Party B to pay off the debt to Party A. ..
If Party A thinks that the insurance compensation obtained is not enough to guarantee its creditor's rights, Party B shall provide another corresponding guarantee within 15 days.
(3) After the pledge is handed over to Party A for safekeeping, Party B shall provide corresponding guarantee within 15 days after receiving the written notice, except that the pledge is damaged or its value is obviously reduced due to Party A's improper safekeeping.
(IV) Party A promises to keep the pledged property properly. If the pledged property is lost or damaged due to improper storage, Party A shall compensate Party B at the market price within 15 days after the termination of this contract.
(5) Party B shall not conceal any defects of the pledged property (such as ownership disputes, sealing up, seizure, pledge, etc.). ).
(VI) The legal fruits and natural fruits of pledged property and rights shall be collected by Party A. ..
(VII) If Party A fails to pay off after compensation, Party A and Party B shall negotiate the discount of pledged property within 10 days after compensation by Party A; If both parties fail to reach an agreement within 65,438+00 days, Party A will auction and sell the pledged property according to the authorization of Party B, and Party B shall actively cooperate. The actual price obtained from the discount of pledged property or auction or sale shall be paid off to Party A first (the actual price is the balance after deducting relevant expenses from the proceeds from auction or sale). In case of insufficient payment, Party A shall separately claim compensation from Party B for the insufficient part according to law; The balance after the discount of pledged property or the actual price obtained from auction or sale is paid off to Party A shall belong to Party B and shall be delivered to Party B within 15 after payment.
(VIII) In case of any of the following circumstances, Party B shall promptly notify Party A in writing:
1. The operating mechanism changes, such as contracting, leasing, joint venture, merger (merger), division, shareholding system reform or shareholder change, joint venture (cooperation) with foreign investors, bankruptcy, closure and dissolution.
2. Litigation involving major economic disputes;
3. The ownership of the pledged property is disputed;
4. Being suspended for rectification and having its business license revoked;
5. Being punished for Party B's illegal behavior in business operation;
6. The company's domicile, telephone number, legal representative, business scope, registered capital and articles of association are changed.
The situation of item 1 shall be notified to Party A seven days in advance, and the situation of items 2 to 6 shall be notified to Party A within three days afterwards.
Seven. After the termination of this contract, Party A shall return the pledged property and its title certificate to Party B within 15 days.
Eight. Liability for breach of contract:
If either party breaches the contract, it shall pay a penalty of RMB10,000 to the other party at the rate of% of the above-mentioned secured loan amount. If the breaching party causes losses to the other party and the liquidated damages are insufficient to compensate, the breaching party shall also compensate.
Nine. In case of any dispute during the performance of this contract or any party needs to change the terms of this contract, both parties shall settle it through consultation. If negotiation fails, bring a lawsuit to Rongchang County People's Court.
X. this contract shall come into effect after being signed and sealed by both parties. At the same time, you should go to the notary office for notarization. The Contract is made in quintuplicate, two for each party and one for the lender, all of which have the same legal effect.
Party A: Party B:
Legal representative:
Signing place:
Date of signature: 2000.
Pledge Guarantee Contract (III) ContractNo.: _ _ _ _ _ _ _ _ _ _ _ _ _
Pledger (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account opening financial institution and account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Pledgee (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (or entrusted agent): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to ensure the performance of loan contract no. _ _ _ _ _ _ _ (hereinafter referred to as the loan contract), Party A is willing to pledge the property it has the right to dispose of, and Party B agrees to accept the pledge of Party A's property after examination. According to relevant laws and regulations, Party A and Party B reach the following terms through consultation:
Article 1: Party A shall use? List of pledged property? The listed property has been pledged.
Article 2 The amount of the loan pledged by Party A is (in words) _ _ _ _ _ _ _ _ _ Yuan, and the loan term starts from _ _ _ _ _ _ _ _.
Article 3 Party A guarantees to enjoy the ownership or management right of the pledged property according to law.
Article 4 Party A shall, on _ _ _ _ _ _ _ _ _ _ _ _
Article 6 The effectiveness of this contract is independent of the secured loan contract. The invalidity of the loan contract shall not affect the validity of this contract.
Article 7 All expenses related to evaluation, appraisal, insurance, storage and transportation under this contract shall be borne by Party A. ..
Article 8 During the pledge period, Party B has the obligation to properly keep the pledged property. If the value of pledged property decreases due to Party B's fault, Party B shall:
(1) Party B shall compensate Party A after the borrower fully performs the debts under the loan contract;
(2) If the borrower fails to fully perform the loan contract debt, Party B's compensation liability may be partially or completely offset by the unfulfilled loan contract debt.
Article 9 Party A shall handle the property insurance of the pledged property during the pledge period. The first beneficiary of property insurance is Party B. The insurance documents are kept by Party B on its behalf.
Article 10 During the pledge period, if the insurance coverage of the pledged property is damaged or the value of the pledged property is reduced due to the actions of a third party, the insurance compensation or damages shall be deposited into the account designated by Party B as the pledged property, and both parties shall not use it during the pledge period.
Article 11 If the value of pledged property decreases due to no fault of Party B, Party A shall provide Party B with a guarantee equivalent to the reduced value within 30 days.
Article 12 During the pledge period, Party A shall take full responsibility for the environmental pollution or other damage caused by the pledged property.
Article 13 During the pledge period, Party A shall not give, transfer, lease, transfer, remortgage (pledge) or dispose of the pledged property under this contract in any other way without the written consent of Party B. ..
Article 14 During the pledge period, with the written consent of Party B, the proceeds from the transfer of pledged property by Party A shall be used to pay off the creditor's rights guaranteed by Party B in advance.
Article 15 After the loan contract expires, if the borrower fails to pay off the debt, Party B has the right to be repaid in advance by discounting the pledged property or auctioning, selling or selling the pledged property to realize the pledge.
Article 16 Under any of the following circumstances, Party B has the right to dispose of the pledged property in advance to realize the pledge right, stop issuing the loan under the loan contract or recover the loan principal and interest already issued under the loan contract in advance:
1. Party A is declared bankrupt or dissolved;
2. Party A violates Article 9, 1 1, 13, 14 or other serious breach of contract;
3. During the performance of the loan contract, the borrower is declared bankrupt, dissolved or changes the enterprise system without authorization, which leads to the invalidation of the loan creditor's rights of Party B, the change of the loan purpose, the involvement or imminent involvement in major litigation (or arbitration) procedures, and other acts that may affect its solvency or lack the sincerity to pay debts.
Article 17 If Party A conceals the existence, disputes, sealing-up, seizure and mortgage of mortgaged property, causing economic losses to Party B, it shall pay Party B a penalty of _ _ _% of the loan amount under the loan contract. If the liquidated damages are insufficient to make up for Party B's losses, Party A shall also compensate the insufficient part. Party B has the right to directly offset the liquidated damages and compensation with the funds in Party A's deposit account.
Article 18 The proceeds from Party B's disposition of pledged property according to law shall be distributed in the following order:
1. Pay the expenses required to dispose of the pledged property;
2. Pay off the loan interest owed by the borrower to Party B;
3. Pay off the loan principal, liquidated damages (including penalty interest) and compensation owed by the borrower to Party B;
4. Pay other expenses.
Article 19 Other agreed matters
__________________________________________
Article 20 Settlement of Contract Disputes: Disputes arising during the performance of this contract shall be settled by both parties through consultation; It can also be mediated by the local administrative department for industry and commerce; If negotiation or mediation fails, it shall be settled in the following _ _ _ _ _ _ way;
(1) Submit to _ _ _ _ _ _ Arbitration Commission for arbitration.
(two) to the people's court according to law.
Article 21 This contract shall come into effect as of the date when Party A delivers the pledged property to Party B for possession.
Article 22 This contract shall be signed and sealed by the legal representatives of both parties (or their authorized agents).
Article 23 The original of this contract is in duplicate, with each party holding one copy.
Attached:
List of pledged property (omitted)
Party A (official seal): _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _
(or entrusted agent)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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