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Loan claims in general terms of loans

Article 45: Borrowers shall not violate legal provisions by evading bank debts or misappropriating credit funds through mergers, bankruptcies, or shareholding restructuring; they shall not evade credit supervision by lenders through contracting, leasing, etc. and the responsibility to repay the principal and interest of the loan.

Article 46: The lender has the right to participate in the debt restructuring of the borrower who is in the process of merger, bankruptcy or joint-stock reform, etc., and shall require the borrower to implement the repayment of principal and interest on the loan.

Article 47: Lenders shall require borrowers engaged in contracting and leasing operations to clearly implement the repayment responsibilities of the original loan debt in the contracting and leasing contracts.

Article 48: The lender shall require a borrower who undergoes joint-stock restructuring to re-sign a loan contract and clarify the liability for repaying the original loan debt.

For borrowers that implement the entire joint-stock system transformation, it should be clear that the loan debts owed by them will be fully borne by the company after the transformation; for borrowers that implement partial joint-stock system transformation, the transformed joint-stock company should be required to occupy the borrower's The proportion of the capital or assets that bear the loan debt of the original borrower.

Article 49: For borrowers who form a new corporate legal person after joint venture, the lender shall require the borrower to transfer the loan debt to the new corporate legal person based on the proportion of capital or assets occupied.

Article 50: The lender shall require the borrower to repay the loan debt or provide corresponding guarantee before the merger (merger).

If the borrower fails to repay the loan debt or fails to provide corresponding guarantees, the lender shall require the merged (merged) enterprise or the newly established enterprise after the merger to assume the obligation to return the original borrower's loan and re-sign the relevant contract or agreement.

Article 51: The lender shall require the borrower who has a joint venture (cooperation) with a foreign businessman to continue to bear the loan repayment responsibilities before the joint venture (cooperation), and require the borrower to give priority to the proceeds to repay the loan. The borrower must obtain the lender's consent when using property that has been pledged or pledged for a loan to form a joint venture (cooperation) with a foreign businessman.

Article 52: The lender shall require the divided borrower to pay off the loan debt or provide corresponding guarantee before the division.

If the borrower fails to repay the loan debt or provide corresponding guarantees, the lender shall require each enterprise after the division to repay the loan owed by the original borrower in accordance with the proportion of capital or assets occupied at the time of division or according to the agreement. responsibility. For borrowers that establish subsidiaries, their subsidiaries should be required to bear and repay the corresponding loan debts of the parent company in proportion to the capital or assets received.

Article 53: The lender shall require a borrower whose property rights are transferred for a fee or who applies for dissolution to repay the loan debt before the property rights are transferred or dissolved.

Article 54 The lender shall participate in the identification of the borrower’s bankruptcy property and the disposal of claims and debts in accordance with relevant laws. For loan claims where the bankrupt borrower has set up property mortgages, pledges or other guarantees, the loan shall The person shall have the priority right to be repaid in accordance with the law; loan claims without property guarantee shall be repaid in accordance with legal procedures and proportions.