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Debt Restructuring Service Agreement

Debt Restructuring Service Agreement

Debt Restructuring Service Agreement

First Party:

Legal representative:

Address:

Phone:

Unified Social Credit Code:

Party B:

Legal representative:

Address:

Phone:

Unified Social Credit Code:

Given:

1. Party A successfully borrows money from Party B's investor member through Party B's financing service platform from XX-XX-XX to XX-XX-DD. As of YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

2. Due to the tight withdrawal of Party A's funds and the great impact of factors such as the large market environment, Party A is unable to repay the above-mentioned funds to Party B's investor members. Accordingly, Party A entrusts Party B to provide debt restructuring services for it.

In accordance with the provisions of the relevant laws and regulations of the mainland, and after consultation and consensus of all parties, the agreement is concluded as follows:

Article 1 Interpretation of Specific Words

Unless otherwise specified, in this Agreement and its Exhibits, the following terms shall be construed as follows:

1.1 Underlying assets: The entrustment under this Agreement can be used as the subject matter of counter-guarantee measures under Party A's financing project, and the specific composition is detailed in Article 2.4.

1.2 Entrusted reorganization: refers to the combination of the underlying assets in accordance with the agreement on the date of signing and sealing of this agreement by both parties, and repaying the corresponding debts incurred by Party A through Party B's financing service platform with the assets actually realized by the guarantor under the corresponding financing project.

Article 2 Entrustment of reorganization of property

Party A entrusts Party B to sort out the assets and rights under the name of Party A and Party A's affiliates, and the content of the entrusted reorganization property is based on the contents of the "Counter-Guarantee Contract" (No. : ) and the "Guarantee Contract" (No. ") signed by Party A and Party B (i.e., Party B's authorized representative of the investor member") respectively, so as to maintain Party A's credit and protect the realization of the legitimate rights and interests of the main creditor to achieve debt restructuring.

2.1 Entrustment: Party B accepts the entrustment of Party A to comprehensively manage and reorganize the underlying assets under this Agreement in various ways that comply with national and local laws and regulations and agreed by all parties.

2.2 Entrustment period: when all assets are restructured or the creditor's claims of Party B's financing service platform are fully recovered.

2.3 Authorization: Party A authorizes Party B to reorganize the underlying assets of Party A and Party A's affiliates, and as a counter-guarantee measure for Party A's creditors to assume unlimited joint and several guarantee liability as the guarantor of Party A's financing project, which shall be managed by the guarantor. In order to enable Party A to fulfill the repayment obligations under the corresponding financing projects as agreed, Party B accepts the entrustment of Party A to reorganize the underlying assets of Party A and Party A's affiliates.

2.4 Details of the underlying assets: see Annex 1 for details.

2.5 Assumption of business expenses: During the entrusted period agreed in this agreement, Party B shall incur reasonable expenses related to the management, maintenance and reorganization of the subject assets in accordance with relevant laws, regulations or relevant agreements in the process of sorting, credit maintenance and reorganization of the underlying assets, including but not limited to:

(1) Litigation fees, enforcement fees charged by the court or appraisal fees, auction fees, announcement fees, etc. charged by arbitration institutions incurred in the process of reorganization;

(2) expenses incurred in the process of restructuring to protect the rights of the underlying assets, such as collection fees;

(3) Fees paid to intermediaries and media for restructuring the underlying assets through public means such as announcements, auctions, bidding, and public transfer of property rights;

(4) fees paid to lawyers, accountants, appraisers, or other consultants;

(5) Transfer fees, announcement fees, etc. incurred in the process of asset restructuring;

and (6) expenses incurred in connection with conducting assessments, credit reports, and preparing documents.

All the above costs shall be borne by Party A.

2.6 Right of reorganization: Party B shall reorganize the underlying assets in accordance with the provisions of this Agreement, which Party A fully recognizes and unconditionally cooperates with the implementation in order to fulfill the obligation of repayment as agreed.

2.7 Party B's entrusted management and reorganization of assets include but are not limited to the following ways:

(1) The obligor involved in the subject asset directly claims rights and requires the obligor to perform its obligations;

(2) filing a lawsuit, arbitration or application for enforcement against the obligor involved in the underlying assets;

(3) selling or transferring the underlying assets to a third party in a suitable manner (including but not limited to the sale of the whole asset, the sale of the package and the sale of individual assets);

(4) Manage and reorganize the underlying assets in other legal and appropriate ways.

2.8 Restructuring and recovery of cash: Party B's restructuring and recovery of the underlying assets shall be deposited in the account for the purpose of repaying the principal, interest and penalty interest of the main creditor (i.e., the corresponding investor member under the financing project generated by Party A on Party B's financing service platform).

Article 3 Collection of debt restructuring service fees

Party B accepts the entrustment of Party A to sort out and reorganize the assets of Party A and Party A's affiliates in accordance with the relevant provisions of this contract, so as to realize that Party A can fulfill the repayment obligations under the corresponding financing projects as agreed.

To this end, Party A shall, within a few days from the date of signing this contract, pay Party B a one-time debt restructuring service fee (capitalized) (¥ yuan).

Article 4 Party A's Representations and Warranties

4.1 Party A is a civil subject with full capacity for civil conduct, has the necessary capacity for civil rights and conduct to sign and perform this Agreement, and has obtained the consent and recognition of its co-owners.

4.2 Party A fully understands and agrees to all the terms of this Agreement, and all the expressions of intention under this Agreement are true.

4.3 When Party A entrusts Party B to reorganize the property of Party A and its affiliates, it guarantees that it has obtained all necessary and legal internal and external approvals and authorizations to sign this Agreement.

Article 5 Party B's Representations and Warranties

5.1 Party B is a legal person established in accordance with the law of the People's Republic of China, has the necessary civil rights and capacity to act in signing and performing this agreement, can independently bear civil liability, and has obtained all necessary and legal internal and external approvals and authorizations to sign this agreement.

5.2 Party B fully understands and agrees to all the terms of this Agreement, and all the expressions of intent under this Agreement are true.

Article 6 Party A's rights and obligations

6.1 Party A has the right to know the progress of Party B's management and reorganization.

6.2 Party A shall unconditionally implement Party B's management, reorganization target and reorganization plan.

6.3 Party A shall not entrust the underlying assets to a third party for restructuring during the entrusted period, otherwise Party B has the right to choose to require Party A to immediately terminate the entrustment relationship with the third party, and require Party A to compensate Party B for % of the financing amount corresponding to this agreement as liquidated damages.

Article 7 Rights and Obligations of Party B

7.1 For the assets entrusted for management and reorganization, Party B shall reorganize in accordance with the relevant laws, regulations, policies and agreements on creditor's rights and assets.

7.2 Party B shall be conscientious and diligent in the management and restructuring of creditor's rights.

7.3 Sub-entrustment: For the management and reorganization of the underlying assets, from the perspective of maximizing the interests of Party A and Party B, Party B may entrust a third party (including but not limited to law firms, accounting firms, other intermediaries or individuals, etc.) to complete the corresponding work on behalf of Party A, without the need to obtain the consent of Party A for the sub-entrustment, and the business expenses shall be borne by Party A.

Article 8 Liability for breach of contract

If either party violates the warranty statement and obligations agreed in this Agreement, it shall bear the corresponding liability for breach of contract and shall compensate the other party for all direct economic losses caused thereby (including but not limited to reasonable litigation fees, notary fees, preservation fees, attorney fees, travel expenses and all expenses incurred in handling disputes). At the same time, the defaulting party shall pay liquidated damages in the amount of RMB (uppercase) (¥ yuan) to the non-breaching party for each breach of contract.

Article 9 Effectiveness of the Agreement

This Agreement shall come into force when both parties sign and seal it. Without the agreement of both parties, neither party may modify the terms of this Agreement or unilaterally terminate this Agreement.

Article 10 Dispute Resolution

Disputes arising from the performance of this Agreement shall be settled by the parties through negotiation, and if the negotiation fails, a lawsuit shall be filed with the people's court with jurisdiction in the place where the agreement is signed.

This Agreement is signed in the following provinces, municipalities and districts.

Article 11 Miscellaneous

11.1 Unless otherwise provided by laws and regulations or otherwise agreed by the parties, the invalidity of any provision of this Agreement shall not affect the legal effect of other provisions.

11.2 This Agreement may be changed or modified in writing by mutual agreement between the parties, and any change or modification shall constitute an integral part of this Agreement.

11.3 Unless otherwise provided by laws and regulations or otherwise agreed by the parties, this Agreement shall not be terminated until all the rights and obligations under it have been fully performed.

11.4 This Agreement shall be executed in triplicate, with one copy for Party A and two copies for Party B, which shall have the same legal effect.

Party A (seal): Party B (seal):

Signature of Party A's representative:

Place of Signing:

Signature of Party B's representative:

Place of Signing:

Year, Month, Day Year, Month, Day

annex

Appendix I: Details of the underlying assets

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