Loan Agreements Between Mecs, K.K. and Tokai Bank, K.K. with Guaranty by Kazuo Kimata (1998 & 1999)
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Summary
Mecs, K.K., represented by Kazuo Kimata, entered into two loan agreements with Tokai Bank, K.K. in 1998 and 1999 for working capital, borrowing 50 million yen and 9 million yen respectively. Both loans require monthly repayments, with interest rates of 1.73% and 2.00% per year, and allow the bank to adjust rates under certain conditions. Kazuo Kimata personally guarantees repayment. If payments are late, a 14% annual penalty applies. Repayments are withdrawn from a specified deposit account, and payments due on holidays are made the next business day.
EX-10.30 7 dex1030.txt BANKING CONSENT & AGREEMENT DATED 12/06/1999 EXHIBIT 10.30 Branch number Account number ---------------------------- 304 1016190 ---------------------------- [G1] [handwritten:] Asyst Japan [illegible] 56 Contract certificate for monetary loan for consumption (Used for these loan methods: loans on deeds, daily installments, level principal/lump sum on due date) 12/6/1999 To: Tokai Bank, K.K. (=Inc.) Debtor: Address: Sadana No. 28, Kita Ima, Aza, Bisai City, Aichi Prefecture Name: Mecs, K.K. Kazuo Kimata, Representative Director [similar to CEO] [seal affixed] Joint and several guarantor: Address: Aza Ouhiraura 35, Higashi Ougi, Bisai City Name: Kazuo Kimata [seal] In case the seal used for the loan transaction is different from the seal for the deposit account at the time of repayment, affix here the seal of the deposit account which will be used for repayment. Joint and several guarantor [#2]: [blank] Section 1: Debtor, by agreeing to this agreement, borrows, and has duly received, money according to the following essential points, in addition to the terms of the Bank Transaction Agreement (statement of promises) which has been submitted separately.
Branch number Account number ------------------------------- 304 1013569 ------------------------------- [G2] To: Mecs, K.K. [handwritten] [illegible] 52 Contract certificate for monetary loan for consumption (Used for these loan methods: loans on deeds, daily installments, level principal/lump sum on due date) 11/30/1998 To: Tokai Bank, K.K. (=Inc.) Debtor: Address: Sadana No. 28, Kita Ima, Aza, Bisai City, Aichi Prefecture Name: Mecs, K.K. Kazuo Kimata, Representative Director [similar to CEO] [seal affixed] Joint and several guarantor: Address: Aza Ouhiraura 35, Higashi Tamashiro, Bisai City Name: Kazuo Kimata Joint and several guarantor [#2]: [blank] Section 1: Debtor, by agreeing to this agreement, borrows, and has duly received, money according to the following essential points, in addition to the terms of the Bank Transaction Agreement (statement of promises) which has been submitted separately.
[handwritten:] Assist..[illegible] Bank Transaction Agreement (statement of promises) June 29, 1990 To: Tokai Bank, K.K. (=Inc.) Mecs K.K. Address: Sadana No. 28, Kita Ima, Aza, Bisai City, Aichi Prefecture Name: Kazuo Kimata, Representative Director [similar to CEO] [seal affixed] In relation to transactions with your bank, I confirm the following provisions. Section 1 (Scope of applicability) /1/ Concerning the discharge of debt obligations arising in relation to loans on bills, loans on deeds, account overdrafts, banker's acceptance liabilities, foreign exchange and all other transactions, I will conform to this Agreement. /2/ Even in cases where your bank has obtained through transactions with a third party bills/promissory notes which I have issued, endorsed, accepted, "accepted for honor," or guaranteed, I will conform to this Agreement regarding the discharge of those debt obligations. Section 2 (Debts/obligations related to bills/promissory notes and borrowing) In the case that I have received loans by means of bills/promissory notes, your bank may demand repayment by means of either bills or loan credits. Section 3 (Interest, damages, etc.) /1/ Concerning the agreed upon terms for the rates and payment timing/method for interest charges, discount charges, guarantee charges, miscellaneous charges and their repayment, I agree to these being changed to levels that are generally in practice, in cases where there are reasons such as changes in the financial climate or other sufficient reasons. /2/ In case I do not discharge my debt obligations to your bank, I will pay damages at the annual rate of 14% of the amounts due. In this case, the calculation method will be a daily calculation, based on 365 days. Section 4 (Collateral) /1/ When a sufficient reason occurs, making it necessary to maintain [my] right to borrow, upon demand, I will promptly provide collateral or an increase in collateral approved by your bank or will provide a guarantor or additional guarantor(s). /2/ All collateral which has been provided to your bank at this time and collateral which may be provided in the future, in addition to being applied to the debts secured by that collateral, shall be collateral commonly applied to all debts which are now secured (collateralized) or shall become collateralized in the future. /3/ The collateral, without depending on legal procedures, may be collected and disposed of by your bank, according to methods, timing, pricing, etc. which are generally recognized as appropriate. The funds obtained as a result, after deduction of various expenses and without regard to legal formalities, may be applied to payment of [my] debts. In addition, in case a debt balance still remains, that shall immediately be paid. /4/ In case I do not discharge my debt obligations, your bank may collect and dispose of my movable property, bills and promissory notes, and other securities which your bank holds. In such case also, I agree to having the matter handled in accordance with all of the above terms.