英文涉外借贷合同
LOAN CONTRACT
Contract Number: _____________
BORROWER: ________________
Address: _________________
LENDER: __________________
Address: _________________
In accordance with provisions of Contract Law of the Peoples
Republic of China and Bank of China, after reviewing the status
and the request of the Borrower, the Lender agrees to grant the
Borrower a line of credit on . The Borrower, Lender and
Guarantor, through friendly negotiation, have executed this
Contract as follows:
ARTICLE 1 CURRENCY, AMOUNT AND TERM OF THE LOAN:
1. The Currency under this loan is Reiminbi.
2. The Line of the loan is yuan.
3. The period of this loan is 12 months from the date of
effectiveness of this contract.
ARTICLE 2 THE PURPOSE OF THE LOAN:
1. The purpose of this loan is used for working capital
turnover.
2. Without written approval of the Lender, the Borrower
could not use the loan out of the scope of the purpose.
ARTICLE 3 INTEREST RATE AND CALCULATION OF INTEREST:
1. Interest rate: The interest rate shall be [***] During
the loan term, if the countrys related authority adjusted the
interest rate or the manner of calculation of interest, the
interest of this contract shall be adjusted accordingly after
one year from the date of execution of this contract. The
adjustment shall be conducted when the interest rate are
executed one is not obliged to inform the Borrower when
the adjustment of interest.
2. The interest shall be calculated from the date of first
drawdown and the actual days the borrower use. One year shall be
calculated as 360 days.
3. The payment of interests: The Borrower shall pay the
interests per quarter. The payment date shall be , and. If the
payment for the last installment is not on the payment date,the
interests shall deduct the interest from the bank account of the
Borrower. In the event that the Borrower fails to pay the
interests on time and the balance of the account of the Borrower
is not enough for the payment of interest, the Lender shall have
rights to collect a penalty being [***] of the outstanding
amount per day for the Borrowers breach of contract.
ARTICLE 4 OVERDUE INTERESTS AND MISUSING INTERESTS
1. If the Borrower fails to repay the loan and can not reach
a agreement with the Lender regarding the extension, the Lender
shall collect an overdue penalty for [***] of the overdue amount
per day.
2. If the Borrower fails to uses the loan in accordance with
the provisions set forth in this contract, the Lender shall have
right to charge a interests for the misusing part at a rate of
[***] per day.
ARTICLE 5 ACCOUNT
The Borrower shall open Reiminbi basic account and/or
foreign currency account at the Lender or Lenders branch for the
use of draw-down, repayment,payment of interests and fees.
ARTICLE 6 DRAW-DOWN
1. The loan under this contract is revolving, the balance of
this contract shall not more than the line of credit.
2. The Borrower shall send a draw-down application as the
form herein attached in this contract 7 days before the date of
draw-down.
3. The Borrower shall not draw the loan less than 1 million.
ARTICLE 7 CONDITIONS FOR DRAW-DOWN
The following conditions shall be satisfied in advance of
the draw-down date:
1. The Borrower has opened foreign account and Reiminbi
account at the office of the Lender or the branch of the Lender;
2. This contract and the appendices have been effective;
3. The Borrower has provided the recognition of the
investment or certificate of the investment to the Lender;
4. The Borrower has provided the board resolution and power
of attorney regarding this loan contract;
5. The Borrower has provided the list and the signature
sample of the authorized person who empower to sign this
contract and documents;
6. The Guaranty under this contract has been effective;
7. The Borrower has been satisfied the warrants under
Article 11 of this contract;
8. The other requirement for the draw-down have been
satisfied.
ARTICLE 8 REPAYMENT PLAN AND PREPAYMENT
1. The Borrower shall repay the loan in accordance with the
status of its cash. The Borrower shall inform the Lender the
payment amount and date [***] prior to make the payment. The
Borrower shall be obliged to repay the principal and related
interests on due date without any condition.
