融资租赁合同模板 英文

Annex 6 Seller’s Credit Agreement

THIS SELLER’S CREDIT AGREEMENT is made and entered into on ________ day of _________ (month), ____ (year), by and between: Wuhan Fiberhome International Technologies Co., Ltd, a corporation incorporated and existing under the laws of the People’s Republic of China, with its principal place of business located at 88 Youkeyuan Road, Hongshan District, Wuhan, People’s Republic of China(hereinafter referred to as “t he Lender” which expression where the context so admits shall include its assign and successors in title) and Win Win Net Corporation Co., Ltd(WNC), a company incorporated and existing under the laws of the Kingdom of Thailand, with its principal office at Win Win Tower, 11th Floor, 86 Ratchadapisek Road, Chankasem, Chatuchak, Bangkok 10900, Thailand (hereinafter referred to as “the Borrower”, which expression where the context so admits shall include its assign and successors in title).

WITNESSETH THAT:

A WHEREAS, Borrower is a telecommunications service provider licensed

to provide telecommunications services within the Kingdom of Thailand;and

B WHEREAS, Borrower wishes to deploy a FTTH network in the

Kingdom of Thailand using Lender’s products and associated services;and

C WHEREAS, Lender has experience and expertise in the business of

designing, integrating, manufacturing, supply, servicing and financing of fiber communications cables and telecommunication equipments;and

D WHEREAS, Borrower has approached Lender for a credit facility to

finance the first phase of deployment of the FTTH network in Thailand hereinafter referred to as “the Network” and as described in the Contract to deploy the Network within the Kingdom of Thailand hereinafter referred to as “the Principal Contract” with the contract No. WNC-FHI-

HTT-01/2009 –WNC FTTH PROJECT;and

E WHEREAS the Lender has agreed to grant to the Borrower the credit

facility to finance the first phase of deployment of the said Network in Thailand under the terms and conditions hereunder provided, by means of its equipment, implementation and services.

NOW THEREFORE , IN CONSIDERATION OF THE PREMISES AND COVENANTS DESCRIBED HEREINAFTER, THE PARTIES AGREE AS FOLLOWS:

1. Definitions:

For the purpose of this Agreement, the definitions set forth in this section shall apply to the respective terms when employed both in singular and plural forms:

The following phrases and words used in this Agreement shall have the following meanings:

1.1"Agreement"means this agreement including amendments,

modifications and supplements hereto or any part thereof (including any Exhibits or Schedules) pursuant to the terms of this Agreement, provided all such exhibits, amendments, modifications and supplements are reduced to writing and signed by both the Lender and the Borrower.

1.2“Principal Contract” means the Contract No. WNC-FHI-HTT-01/2009

–WNC FTTH PROJECT to deploy a FTTH Network within the Kingdom of Thailand between the Lender and the Borrower.

1.3“Contract Value”means the cost of the Contract Equipment and

Services. The total Contract Value shall be split into 4 phases as stipulated in the Principal Contract.

1.4“Effective Date” means the date on which this Agreement is duly

executed by the parties hereto

1.5“Grace Period” shall be commenced from the shipment date of supply

for the WNC FTTH Project-Phase I.

1.6“The Credit Facility” means 70% of the contract value of Phase I. The

credit facility shall be up to the sum of USD 64,827,445.00 (SAY US DOLLARS SIXTY-FOUR MILLION EIGHT HUNDRED AND TWENTY-SEVEN THOUSAND FOUR HUNDRED AND FORTY-

FIVE ONLY).

1.7“Delivery Point” means the customs facility in Thailand mutually

agreed upon by the parties.

1.8“Project” shall mean the purp ose or undertaking for which the credit

facility is granted, as described in this Agreement or as maybe amended from time to time.

1.9“Lien” includes charges, pledges, mortgages, privileges, priorities,

encumbrances or securities of any kind.