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 “the 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.