Staking Contract
Pledgor:
Unified Social Credit**:
Residence: Legal representative:
Pledgee:
Unified Social Credit**:
Residence: Legal representative:
In order to ensure the performance of the "Loan Contract" with the contract number signed by the company (hereinafter referred to as the debtor) and the pledgee on XX, XX, XX, and to ensure the realization of the pledgee's creditor's rights, the pledgor is willing to provide pledge guarantee for the debtor's debts against the pledgee under the main contract. The parties have agreed to enter into this contract for mutual compliance.
Article 1 The basic information of the principal creditor's rights
1.1 The amount borrowed under the main contract.
The amount of the main contract loan is RMB: (uppercase) whole and (lowercase) yuan, and the specific amount is subject to the agreement in the main contract.
1.2 Loan term and interest rate.
The term of the loan is from XX-XX-XX to XX-XX-DD, and the specific loan term and interest rate are subject to the main contract.
Article 2 The subject matter of the pledge
2.1. The pledgor shall provide pledge guarantee to the pledgee with its (unified social credit**: equity pledge and its fruits (including but not limited to dividends, bonuses, share gifts and other income due from the pledged equity), and complete the registration of the equity pledge. The pledgee is the first and only pledgee on the above-mentioned pledge.
2.2. If the rights recorded in the "List of Pledged Objects" are inconsistent with the rights actually accepted by the pledgee, the pledge certificate or the pledge certificate or the rights indicated in the pledge register of the registration authority, the right certificate, pledge certificate or pledge certificate actually accepted by the pledgee or the rights indicated in the pledge register of the registration authority shall be the subject matter of the pledge.
2.3. If the pledged object is renewed with a new certificate of ownership or other rights, resulting in inconsistencies between the "List of Pledged Objects" of this contract or the pledge certificate or pledge certificate received by the pledgee and the relevant records of the new certificate of rights (clear) or the registration book of the registration authority, the pledgor shall not refuse to bear the guarantee liability on this ground.
2.4. The pledgor shall maintain the validity and value of the pledged object with the greatest care, and prevent the invalidity or depreciation of the pledged object due to exceeding the specified time limit or any other reason. The value of the pledged object increases, and the increased part is still used as a pledge guarantee for the pledgee's claim.
2.5. The fruits of the pledged object shall be collected by the pledgee; As part of the subject matter of the pledge, the fruits shall be used as pledge guarantee for the pledgee's claim, but shall be used to pay off the expenses of collecting the fruits in priority.
2.6. If the value of the subject matter of the pledge has been or may be reduced, affecting the realization of the pledgee's claim, the pledgor shall provide new security as required by the pledgee.
Article 3 Scope of Guarantee
The scope of the pledge guarantee of this contract is all the claims under the main contract, including but not limited to all principal, interest (including compound interest and penalty interest), liquidated damages, compensation, other payments payable by the debtor to the pledgee (including but not limited to relevant handling fees, telecommunications fees, miscellaneous fees, etc.), and expenses incurred by the pledgee in realizing the claims and security rights (including but not limited to litigation fees, arbitration fees, property preservation fees, travel expenses, execution fees, appraisal fees, auction fees, notary fees, service fees, announcement fees, attorney fees, etc.).
Article 4 Registration or delivery of the subject matter of the pledge
4.1. Within 10 days after the signing of this contract, both parties shall go to the corresponding registration department to complete the pledge registration and other relevant procedures. The pledgor shall hand over the pledge certificate, the original pledge registration document and other rights certificates to the pledgee for safekeeping on the day of the completion of the pledge registration. The pledgor shall ensure that the pledgee is registered as the sole pledgee of the pledged equity within the aforesaid time limit. The pledge registration fee shall be borne by the pledgor.
4.2. After the effective date of this contract, if the pledged object is subject to the issuance of shares, the conversion of provident fund, the split of equity, etc., and the derivative equity is formed, the pledgee and the pledgor shall go through the registration procedures for additional pledge of the derivative equity within [10] days after the date on which the pledgor formally obtains the derivative equity.
4.3. If the realization of the pledge requires the performance of obligations by a third party, the pledgor shall notify the third party in writing of the fact of the pledge and urge the third party to perform the relevant obligations.
4.4. If the debtor repays all the principal and interest of the loan to the pledgee within the time limit and amount agreed in the main contract, the pledgor has the right to require the pledgee to return the pledged subject matter certificate after paying all the expenses that should be borne by the pledgor under this contract. When the pledgee returns the certificate of the subject matter of the pledge, the pledgor shall accept it on the spot, and if there is any objection, it shall be raised on the spot, otherwise it shall be deemed that the pledgee has no objection; If the pledge has been registered, the pledgee shall promptly handle the cancellation or endorsement of the pledge registration with the pledgor.
Article 5 The validity of the pledge contract
5.1. If the main contract is invalid, this contract is not automatically invalid, and the pledgor shall still bear the guarantee liability with the subject matter of the pledge, unless otherwise provided by law. If this contract is not established, does not take effect, is invalid, partially invalid, or is revoked or dissolved, and the debtor, the pledgor and the pledgee are at fault, they shall each bear the corresponding civil liability according to their fault.
5.2. If a clause or part of a clause of this Contract is or will become invalid, such invalid clause or such invalid part shall not affect the validity of this Contract, other clauses of this Contract or any other provision of such clause.
Article 6 Variation of the Main Contract
6.1. If the pledgee and the debtor agree to change the terms of the main contract, the pledgor agrees to assume the guarantee liability for the debts under the modified main contract without the need to obtain the consent of the pledgor.
6.2. The pledgee's guarantee liability shall not be reduced due to any of the following circumstances:
6.2.1. Restructuring, merger, merger, division, capital increase or decrease, joint venture, joint venture, name change of the pledgee or debtor;
6.2.2. The pledgee entrusts a third party to perform its obligations under the main contract.
6.2.3. The pledgee lends the loan without meeting the loan conditions agreed in the main contract for various reasons.
6.2.4. The debtor changes the purpose of financing.
6.3. If the creditor's right under the main contract is transferred to a third party, the pledgor shall assist the pledgee and the third party in going through the formalities for the registration of the pledge change as required by law.
6.4. If the transfer of claims or debts under the main contract has not taken effect, is invalid, revoked or discharged, the pledgor shall still bear the guarantee liability to the pledgee in accordance with this contract.
Article 7 Restrictions on the pledgor's disposal of the subject matter of the pledge
7.1. Without the written consent of the pledgee, the pledgor shall not dispose of all or part of the pledged subject matter in any way, including but not limited to waiving, donating, transferring, contributing, repeating the guarantee or otherwise disposing of the pledged subject.
7.2. With the written consent of the pledgee, the price or other money obtained by the pledgor from the disposal of the pledged object shall be deposited into the account designated by the pledgee. The pledgee has the right to choose clause 8 of this contractIf any of the methods specified in subparagraphs (2) to (4) of paragraph 2 are used to deal with the above-mentioned amounts, the pledgor shall assist in going through the relevant procedures.
7.3. During the validity period of this contract, if any act of the pledgor is sufficient to reduce the value of the pledged object, the pledgor shall notify the pledgee in writing of the loss within 15 days from the date of the accident, and the pledgee has the right to require the pledgor to stop its behavior. When the value of the pledged object decreases due to the acts of the pledgor or a third party, the pledgee has the right to require the pledgor to restore the value of the pledged object or provide a new guarantee approved by the pledgee in writing.
7.4. During the validity period of this contract, without the written consent of the pledgee, the pledgor shall not give the subject matter of the pledge, re-pledge the subject matter of the pledge or transfer the subject matter of the pledge under this contract in any other way.
7.5. During the validity period of this contract, the pledgor shall promptly notify the pledgee in writing of any circumstances that it knows or should know that has or may have an adverse impact on the pledged subject, including but not limited to the occurrence of share transfer, reorganization, merger, division, shareholding reform, joint venture, cooperation, joint venture, contracting, leasing, change of business scope and registered capital, major economic disputes, disputes over the ownership of the pledged subject, declaration of bankruptcy, suspension of business, suspension of business, dissolution, revocation of business license, revocation, etc. If the disposal of the pledged object or the change of ownership are involved, the written consent of the pledgee shall be obtained in advance.
Article 8 Obstruction by third parties
8.1. Where the State or other third party cancels, confiscates, forcibly recovers, seals, freezes, seizes, supervises, detains, retains lien, auctions, forcibly occupies, damages, or otherwise disposes of the pledged object (or the movable property thereunder), the pledgor shall immediately notify the pledgee and promptly take measures to stop, eliminate or remedial the loss from expanding; If requested by the pledgee, the pledgor shall provide a new security that meets the requirements of the pledgee.
8.2. During the validity period of this contract, if the value of the subject matter of the pledge decreases, or if the circumstances of the preceding paragraph occur in the subject matter of the pledge, the remaining part of the subject matter of the pledge shall still be used as the pledge guarantee for the pledgee's claim. If the pledgor obtains compensation and compensation for the above reasons, it shall be deposited into the account designated by the pledgee. The pledgee has the right to choose any of the following methods to deal with the above-mentioned money, and the pledgor shall assist in handling the relevant procedures:
8.2.1. With the consent of the pledgee, it is used to repair the property under the subject matter of the pledge to restore its value;
8.2.2. Repay or pay off the principal and interest of the debt and related expenses under the main contract in advance;
8.2.3. Provide pledge guarantee for the debts under the main contract;
8.2.4. After the pledgor provides a new guarantee that meets the requirements of the pledgee, the pledgor shall dispose of it freely.
Article 9 Realization of pledge rights
9.1. If the debtor fails to perform the debts due under the main contract or the debts that are declared to be due in advance, or violates other provisions of the main contract, the pledgee has the right to dispose of the subject matter of the pledge. The pledgor agrees that the pledgee has the right to dispose of the pledged object by means of discount, sale, auction, etc.
9.2. The value of the subject matter of the pledge (hereinafter referred to as the "provisional value") recorded in the "List of Pledged Objects" of this contract or otherwise agreed by both parties does not indicate the final value of the subject matter of the pledge, and its final value is the net amount of the price obtained by the pledgee from the disposal of the subject matter of the pledge after deducting various taxes and fees.
If the pledge object is used to satisfy the pledgee's claim, the above-mentioned provisional value shall not be used as the basis for the pledge object to be used to satisfy the pledgee's claim, and the value of the pledge object shall be determined by the two parties through consultation or fair assessment in accordance with law.
9.3. The pledgee shall pay off the debts under the main contract after paying the expenses in the process of sale or auction (including but not limited to storage fees, appraisal fees, auction fees, transfer fees, taxes, etc.), and the remaining price shall be returned to the pledgor. The pledgor agrees that if there is still a residual price after the debt under the main contract has been settled, the remaining price will be used to repay other claims against the pledgee on a priority basis.
9.4. If the pledgor and the debtor are the same person, the pledgee may apply for enforcement against the property other than the subject matter of the pledgee, and it is not subject to the precondition of waiving the pledge or disposing of the subject matter of the pledge first.
9.5. The pledgor shall not in any way, including acts or omissions, prevent the pledgee from realizing the pledge.
9.6 Regardless of whether the pledgee has other guarantees (including but not limited to guarantees, mortgages, pledges, letters of guarantee, standby letters of credit, etc.) for the claims under the main contract, regardless of when the other guarantees are established and valid, whether the pledgee has a claim against other guarantors, whether a third party agrees to assume all or part of the obligations under the main contract, and whether other guarantees are provided by the debtor itself, Regardless of whether the pledgee waives other security rights or changes the registration order of the security interest and the amount of the secured claim, the pledgee's guarantee liability under this contract shall not be reduced or reduced, and the pledgee does not need to execute other security in advance, and the pledgee may directly require the pledgor to assume the guarantee liability within the scope of its guarantee in accordance with this contract, and the pledgor will not raise any objection, and agree that the pledgee shall independently choose the order and amount of the guarantee to be realized among the various guarantees.
9.7. The pledgor agrees that even if the obligations under the main contract are partially extinguished due to the debtor's liquidation, the pledgee's realization of other security rights or any other reason, the pledgor shall still bear the guarantee liability for the debts that have not yet been extinguished within the scope of the guarantee in accordance with the provisions of this contract.
9.8. If the pledgor's debts under the main contract have not been fully repaid after the pledgor assumes the guarantee liability, the pledgor undertakes that its claim (including prior exercise) of the right of subrogation or recourse against the debtor or other guarantors shall not cause any damage to the interests of the pledgee, and agrees that the repayment of the debts under the main contract shall have priority over the realization of the pledgor's right of subrogation or recovery.
Specifically, before the pledgee's claim is fully repaid, 1) the pledgor agrees not to claim subrogation or recourse against the debtor or other guarantors; If, for any reason, the pledgor realizes the above rights, the proceeds shall be used preferentially to pay off the pledgee's unpaid claims;
2) If the debt under the main contract is secured by a real right, the pledgor agrees not to claim the collateral or the price obtained after its disposal on the grounds of exercising subrogation or for any other reason, and the above-mentioned collateral and the proceeds shall be used to pay off the pledgee's unpaid claims in priority.
3) If the debtor or other guarantor provides a counter-guarantee for the pledgee, the money obtained by the pledgor based on the above-mentioned counter-guarantee shall be used to pay off the pledgee's unpaid claims in priority.
9.9 The pledgor is fully aware of interest rate risk. If the pledgee adjusts the interest rate level, interest calculation or interest settlement method according to the agreement of the main contract or the change of the country's interest rate policy, resulting in an increase in the interest, penalty interest and compound interest that the debtor should repay, the pledgor shall also bear the guarantee liability for the increased part.
Article 10 The statement and commitment of the pledgor
The pledgor makes the following declarations and commitments to the pledgee:
10.1. The pledgor is a legal person registered in accordance with the laws and regulations of the People's Republic of China, and as of the date of signing this contract, the pledgor is in a normal state of operation, and there is no existing or reasonably expected factor that may cause the pledgor to be unable to continue normal business during the guarantee period.
10.2. The pledgor has the legal qualifications of the guarantor, and the pledgee's guarantee under this contract complies with the provisions of laws, administrative regulations, rules and the articles of association or internal organizational documents of the pledgor, and has been approved and authorized by the company's internal authorities and/or national authorities. All liabilities arising from the pledgor's lack of authority to sign this contract shall be borne by the pledgor, including but not limited to full compensation for the losses suffered by the pledgee.
10.3. The pledgor confirms that it has fully understood the debtor's assets, debts, operations, credit, creditworthiness, etc., whether it has the qualifications and authority to sign the main contract, and all the contents of the main contract.
10.4. The pledgor legally owns the subject matter of the pledge and enjoys the right to dispose of it, and the subject matter of the pledge is not a property that is prohibited from circulation and transfer, and there is no defect in rights or ownership disputes.
10.5. There are no other co-owners of the subject matter of the pledge, or although there are other co-owners, the pledge has obtained the written consent of the other co-owners.
10.6. The subject matter of the pledge (and the property under it) does not have any defects or burdens that have not been notified to the pledgee in writing, including but not limited to the fact that the transfer of the subject matter of the pledge (and the property under it) is restricted, supervised, leased, liened, there is arrears of purchase price, maintenance costs, state taxes, damages, etc., or the subject matter of the pledge has been secured by a third party.
10.7. All materials and information provided by the pledgor to the pledgee (including but not limited to the subject matter of the pledge and the certificate of right) are accurate, true, complete and valid.
10.8. The pledgor's provision of this pledge guarantee does not harm the legitimate interests of any third party and does not violate the legal and contractual obligations of the pledgor.
10.9 If the pledgee requires a third party to perform its obligations (including but not limited to pledge of shares, certificates of deposit, warehouse receipts, bills of lading, bills of lading, and accounts receivable) to realize the pledge, the pledgor warrants that the third party will not claim set-off, lien or any other defense, and that any agreement between the third party and the pledgor will not restrict the realization of the pledgee's pledge.
10.10 Whether the pledgor has entered into or will enter into a counter-security agreement or similar agreement with the debtor or other guarantor under the main contract, such agreement will not prejudice any rights and interests of the pledgee under this contract, either de jure or de facto.
10.11. The pledgee agrees that the pledgee shall inquire about the credit status of the pledgee from the credit database approved by the People's Bank of China and the competent department for credit investigation or relevant units or departments, and agrees that the pledgee shall provide the information of the pledgee to the credit database approved by the People's Bank of China and the competent department for credit reporting. The pledgee may also reasonably use and disclose the pledgor's information after obtaining the consent of the pledgor for business needs.
10.12. In the event of a breach of contract by the pledgor, the pledgee has the right to notify the relevant departments or units, and has the right to make an announcement through the news.
10.13. The pledgor fully understands and agrees to all the terms of the main contract, voluntarily provides pledge security to the debtor of the main contract, and all its expressions of intent under this contract are true.
Article 11 Liability for breach of contract
11.1 If the pledgor violates any of the provisions of this contract or violates any obligation, or clearly states or indicates by its actions that it will not perform any of its obligations under this contract, or the statements and commitments of the pledgor in this contract [Article 10] are untrue, inaccurate, incomplete or deliberately misleading, the pledgee may notify the pledgor in writing to correct its breach of contract, and if the pledgor fails to correct the breach of contract within [5] working days from the date of the pledgee's issuance of the above notice, The pledgee has the right to exercise the following rights individually or together:
11.1.1. Require the pledgor to correct the breach of contract within a time limit;
11.1.2. Require the pledgor to provide a new guarantee;
11.1.3. Require the pledgor to compensate for losses;
11.1.4. Dispose of the subject matter of the pledge, and the pledgee has the right to choose [Article 8.].Article 2] Any of the methods agreed upon in the last three items shall dispose of the proceeds from the disposal of the subject matter of the pledge, and the pledgor shall assist in handling the relevant formalities;
11.1.5. Other remedies permitted by law.
If the pledgee causes economic losses to the pledgee due to the pledgee's breach of contract, the pledgee shall pay damages to the pledgee.
Article 12 Application of Law and Dispute Resolution
12.1 This contract shall be governed by the laws of the People's Republic of China, excluding the laws of the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region.
12.2. Any dispute arising during the performance of this contract can be resolved through negotiation, and if the negotiation fails, it shall be resolved in the following ways: either party has the right to apply to the Shenzhen Arbitration Commission for arbitration.
Article 13 Miscellaneous
13.1 Reservation of Rights.
13.1.1. The pledgee's rights under this contract do not affect or exclude any rights it has under laws, regulations and other contracts. Any indulgence, indulgence, preference or suspension of the exercise of any right under this contract for breach or delay shall not be deemed to be a waiver of the right or interest under this contract or a license or endorsement of any breach of this contract, nor shall it affect, prevent or hinder the continued exercise of such right or the exercise of any other right thereof, nor shall it cause the pledgee to assume obligations and liabilities to the pledgor.
13.1.2. Even if the pledgee does not exercise or postpone the exercise of any rights under the main contract or fails to exhaust any relief under the main contract, the pledgee's guarantee liability under this contract shall not be reduced or reduced, but if the pledgee reduces the debt under the main contract, the pledgee's guarantee liability under this contract shall be reduced accordingly.
13.2 Continuity of Obligations.
All obligations and joint and several liabilities of the pledgor under this contract are continuous, and are fully binding on their successors, receivers, assignees and their subjects after merger, reorganization, name change, etc., and are not affected by any disputes, claims and legal proceedings, as well as any instructions of the superior unit and any contracts and documents signed between the main contract debtor and any natural or legal person, nor due to the bankruptcy, inability to repay debts, loss of enterprise qualification, Changes to the Articles of Association and any changes in nature.
13.3 Dissolution or bankruptcy of the debtor.
13.3.1. After the pledgor knows that the debtor has entered the dissolution or bankruptcy procedure, it shall immediately notify the pledgee to declare the creditor's rights, and at the same time, he can participate in the dissolution or bankruptcy procedure in a timely manner and exercise the right of recovery in advance.
13.3.2. In the debtor's bankruptcy proceedings, if the pledgee and the debtor reach a settlement agreement or agree to a reorganization plan, the rights of the pledgee under this contract shall not be damaged by the settlement agreement or reorganization plan, and the pledgee's guarantee liability shall not be reduced. The pledgor shall not oppose the pledgee's claims under the conditions stipulated in the settlement agreement or reorganization plan.
13.4 Notices.
13.4.1. The address for the service of all kinds of notices, agreements and other documents involved in this contract, as well as the service of relevant documents and legal documents in the event of a dispute over the contract, is as follows:
The pledgor confirms that its valid address for service is:
Contact: **
E-mail: Mailing address:
The pledgee confirms that its valid address for service is:
Contact: **
E-mail: Mailing address:
13.4.2. The scope of application of the service address of both parties includes the service of various notices, agreements and other documents when the parties are not litigious, as well as the relevant documents and legal documents in the event of a dispute over the contract, as well as the first-instance, second-instance, retrial and enforcement procedures after the dispute enters arbitration and civil litigation procedures.
13.4.3. All notices between the parties under this contract may be served by e-mail, fax, post, courier, or other means agreed by the parties.
13.4.4. If there is a change in the mailing address or *** of one party, the other party shall be notified in writing immediately, and the loss caused by the failure to notify in time shall be borne by the party with the change of mailing address or ***. The notices of various notices, agreements and other documents in the non-litigation of this contract shall be deemed to have been delivered within 5 working days after one party sends the notice at the address agreed in this contract. Both parties agree that all legal consequences arising from the mail being signed by others or returned without signature shall be borne by themselves.
13.4.5. In the process of arbitration and civil litigation procedures, when the address of the parties to this contract is changed, the obligation to serve the notice of change of address shall be fulfilled to the arbitration institution and the court. If the parties fail to perform their notification obligations in the aforesaid manner, the service address confirmed by both parties shall still be deemed to be a valid service address, and the legal documents shall not be actually received by the parties due to the inaccuracy of the service address provided or confirmed by the parties, or the failure to inform the other party and the court, the parties or the designated recipient of the refusal to sign in accordance with the procedures in a timely manner after the change of the service address, etc., if the service is by mail, the date on which the documents are returned shall be deemed to be the date of service; Where service is made directly, the date on which the person delivering the service indicates the circumstances on the receipt of service on the spot shall be deemed to be the date of service; Where the obligation to notify a change in the address for service is performed, the changed address for service is to be the valid address for service. For the address for service expressly agreed upon by the above-mentioned parties in the contract, the court may directly serve by mail when making service, and even if the parties fail to receive the documents served by the court by mail, they shall be deemed to have been served due to their agreement in the contract.
13.5. This contract shall come into force after the signature or seal of the legal representative (person in charge) or authorized person of both parties and affix the official seal.
13.6 For matters not covered in this contract, the two parties may separately reach a written agreement as an annex to this contract. Any annexes, amendments or supplements to this contract shall form an integral part of this contract and shall have the same legal effect as this contract.
13.7. The original of this contract shall be in duplicate, each party shall hold one copy, and the rest shall be used for relevant procedures.
Article 14 List of pledged objects
The list of pledged objects under this contract is as follows:
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(There is no text on this page, it is numbered.)ofStaking ContractSignature page).
Pledgor: (official seal).
Legal representative (or authorized person):
Signature and seal).
YYYYYYYYYYYYYYYYY
Pledgee: (official seal).
Legal representative (or authorized person):
Signature and seal).
YYYYYYYYYYYYYYYYY