Loan Agreement between Shaoping Lu, Hong Kong the Fifth Season International Limited, and Guarantors Lianmo Wu and Zhucheng Zhang
This agreement is between Shaoping Lu (lender), Hong Kong the Fifth Season International Limited (borrower), and guarantors Lianmo Wu and Zhucheng Zhang. The lender will provide a loan of 4.25 million USD for the borrower to purchase property in Boshan, Shandong, from March 1, 2011, to March 1, 2013, at a 12% annual interest rate. The borrower must repay the loan and interest on time, and may request an extension with the lender's consent. If the borrower breaches the contract, a penalty interest of 20% per day applies. The agreement also includes provisions for prepayment and asset management.
Exhibit 10.13
Loan Agreement
Main contents:
- Contract No.: nil
- Loan Amount (RMB): 4.25 million USD
- Purpose of the Loan: purchase of property of Boshan, Shandong
- Contract Term: from March 1, 2011 to March 1, 2013
- Interest Rate:
- The annual interest rate is 12%;
- Penalty interest for embezzlement: 20% of the loan per day.
- Rights and Obligations of the Lender:
- Lender shall disburse the loan in a timely manner pursuant to the agreement.
- Lender shall execute the mortgage or security right in case of breach of contract of the Company.
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Rights and obligations of the Borrower:
- Borrower is entitled to obtain and use the loan pursuant to the agreement.
- Borrower shall return the principal and interests timely. Borrower can extend the term of the loan when getting the consent of Lender pursuant to the agreement.
- Consent of Lender should be obtained when any of the Borrowers major assets for a third party is possible to be detrimental to Borrowers capability of repayment under the agreement.
- Borrower guarantee all of its statement is true and accurate
- Borrower bears the relevant fees under the agreement.
- Prepayment of the Loan:
Lenders consent should be obtained if Borrower is willing to prepay the loan in advance. The interest rate of prepayment shall accord with the agreement.
- Liabilities of Breach of Contract:
Penalty interest for embezzlement of 20% of the loan per day shall be imposed on the Company in case of the Company s breach of contract etc.
Headlines of the articles omitted
- Dispute settlement
- Effectiveness
- Attention
- Miscellaneous
Signature Page
Party A (Lender): Shaoping Lu
By: /s/ Shaoping Lu
Date: March 31, 2011
Party B (Borrower): Hong Kong the Fifth Season International Limited
By: /seal/ Hong Kong the Fifth Season International Limited
Date: March 31, 2011
Party C (Guarantor): Lianmo Wu
By: /s/ Lianmo Wu
Date: March 31, 2011
Party C (Guarantor): Zhucheng Zhang
By: /s/Zhucheng Zhang
Date: March 31, 2011