《保证反担保中英文版》由会员分享，可在线阅读，更多相关《保证反担保中英文版（8页珍藏版）》请在金锄头文库上搜索。
1、 机密CONFIDENTIAL 反 担 保 合 同Contract of Counter-security 编号：第 号 Serial No:甲 方：昆仑银行Party A:Bank of Kunlun法定代表人：Legal Representative:地 址：Address:电 话： Telephone No:乙 方：伊朗国家石油公司Party B: National Iran Oil Company法定代表人：Legal Representative:地 址：Address:电 话：Telephone No:鉴于：WHEREAS:中国和平石油物资集团有限公司（以下简称“中国和平”）为向乙
2、方提供乙方指定的设备，由中国和平或其指定融资代理人（以下简称“借款人”）向 银行进行融资，为保证 银行在该融资项下的债权得以顺利实现， 2013 年 月 日，甲方向 银行出具了编号为 的融资保函，为借款人的债务向 银行提供保证担保。For the purpose of its supply to Party B of certain equipment as designated by Party B, China Peace Petroleum Materials Group Company Limited (hereinafter referred to as “China Peace”)
3、, either by itself or by its appointed financing agent (any of them hereinafter referred to as the “Borrower”), is to seek banks financing. For securing the rights of Bank (the “Bank”) as the creditor under the financing to be realized smoothly, Party A issued a Letter of Guarantee Concerning Financ
4、ing (Serial Number ) to the Bank on Month/Day/Year as such to provide security to the Bank in the form of guarantee for the debts of the Borrower.甲、乙双方经友好协商，就甲方为借款人提供上述担保后的反担保事宜协商一致达成如下条款，以兹共同遵守：Upon friendly negotiations, Party A and Party B, with regard to those issues concerning counter-guarantee
5、 related to the provision of the aforesaid guarantee by Party A for the Borrower, have reached the following terms, which shall be complied with:第一条 乙方自愿以乙方在甲方的存款为保证对上述甲方的担保行为向甲方提供质押反担保。乙方提供质押的银行存款金额不得低于甲方为借款人提供保证的担保额度。Article 1 Party B is willing to provide Party A, concerning Party As guarantee as
6、 aforesaid, with counter-security in the form of pledge against Party Bs cash deposit kept by Party A as security. The amount of bank deposit provided by Party B as pledged shall not be less than the total amount as guaranteed by Party A for the Borrower.第二条 乙方已阅读并充分了解与本合同有关的合同、文件及相关信息，并向甲方保证督促、监督借款
7、人到期按时还款。Article 2 Party B has read and fully understood those contracts, documents and information related to this Contract, and warrants Party A that it will urge and supervise the Borrower to make repayment of debts falling due on time.第三条 乙方在本合同约定的反担保保证范围内向甲方承担连带保证责任。甲方履行担保义务代偿后可不经催告直接向乙方追索，乙方不得以
8、任何理由或事由拒付，并放弃任何形式的抗辩权。Article 3 Party B shall be jointly and severally liable to Party A within the scope of counter-security as prescribed in this Contract. Upon fulfilling its obligations under the guarantee by paying repayment for the Borrower, Party A may, without giving notice, directly claim p
9、ayment from Party B. Under no circumstances and for no reason can Party B refuse to make the payment to Party A, and in addition Party B waives its counterplea right in any form whatsoever.第四条 反担保保证范围：Article 4 Scope of Counter-security1、甲方履行保证义务代借款人偿还的全部款项，包括但不限于融资本金、利息、迟延利息、违约金、为实现债权的费用及其他费用和损失。1.
10、 All amounts paid by Party A for the Borrower in fulfilling Party As obligations under the guarantee, including but not limited to the principal of financing, interest, interest on arrears, liquidated damages, expenses incurred for realizing creditors rights as well as any other expenses and losses.
11、 2、甲方为实现债权所发生的费用，包括但不限于差旅费、诉讼费、律师费、执行费、仲裁费、公证费、保全费、鉴定费、拍卖费等一切费用。2. Expenses incurred by Party A for realizing its rights as the creditor, including but not limited to travelling expenses, litigation fees, lawyers fees, enforcement fees, arbitration fees, notary fees, preservation fees, appraisal fee
12、s, auction fees and all expenses.第五条 乙方反担保保证期间自甲方承担担保责任之日起两年为止。Article 5 The term of the counter-security provided by Party B shall be two years commencing from the date on which Party A has fulfilled its obligations under the guarantee.第六条 乙方的权利：Article 6 Party Bs Rights: 1、有权查阅、了解相关融资合同、融资保函等相关合同、
13、资料。1. Having the right to check and to know the relevant financing contracts, the letter of guarantee concerning financing and other related contracts and materials.2、有权向甲方了解借款人还款情况。2. Having the right to get information from Party A relating to repayment by the Borrower第七条 乙方的基本义务：Article 7 Party B
14、s basic Obligations: 1、根据甲方的要求提供相关资料，并保证提供资料的真实性、合法性。1. Providing the relevant materials as requested by Party A and warranting that the materials provided as such are true and legal.2、本合同独立于主合同及其它任何合同，若融资合同及融资保函无效，不影响本合同的效力，乙方仍对借款人的债务向甲方承担连带责任。2. This Contract is independent of the main contract an
15、d any other contracts, and in the event the Financing Contract and the Letter of Guarantee concerning Financing is invalid, the validity of this Contract shall not be affected, and Party B shall remain jointly and severally liable to Party A concerning debts of the Borrower.3、反担保期间，债权人将债权转让给第三人的，乙方仍承担反担保责任。3. During the term of the counter-security, should the creditor assign the creditors rights to a third party, Party
