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.
