英文涉外借贷合同(合同示范文本)

1、英文涉外借贷合同 ( 合同示范STANDARD CONTRACT SAMPLE( 合同范本 )甲方： _乙方： _签订 日 期： _编号： YB-HT-004788合同书 | YB-HT-004788借款担保合同英文涉外借贷合同 ( 合同示范文本 )说明：以下合同书内容主要作用是：经过平等协商达成一致意思后订立的协议, 规定了相互之间的必须履行的义务和应当享有的权利， 可用于电子存档或打印使用（使用时请看清是否适合您使用） 。LOAN CONTRACTContract Number: _BORROWER: _ Address: _ LENDER:_ Address: _In accordanc

2、e with provisions of Contract Law of the Peoples Republicof China and Bank of China, after reviewing the status and the requestof the Borrower,the Lender agrees to grantthe Borrower a lineof crediton . The Borrower, Lender and Guarantor, through friendly negotiation,have executed this Contract as fo

3、llows: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

4、capital turnover.第2页共16页合同书 | YB-HT-004788借款担保合同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.Interestrate:The interestrateshallbe *During the loan term,ifthe countrysrelatedauthori

5、tyadjustedthe interestrate or the mannerof calculation of interest, the interest of this contract shall beadjusted accordingly after one year from the date of execution of thiscontract. The adjustment shall be conducted when the interest rate areexecuted one year.It is not obliged to inform the Borr

6、ower when theadjustment of interest.2. The interest shallbe calculated from thedate of firstdrawdown andthe actualdays the borrower use. Oneyear shallbe calculatedas 360 days.3. The payment of interests: The Borrower shall pay the interests per quarter. The payment date shall be , and. If the paymen

7、t 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 theBorrower failsto pay the interestson time and the balance of the accountof the Borrower is not enough forthe payment of interest,the Lender shallh

8、ave rights to collect a penalty being * of the outstanding amountper day for the Borrowers breach of contract.ARTICLE 4 OVERDUE INTERESTS AND MISUSING INTERESTS1.Ifthe Borrower failsto repay the loan and can not reach a agreement第3页共16页合同书 | YB-HT-004788借款担保合同with the Lender regarding the extension,

9、 the Lender shall collect anoverdue 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 tocharge a interestsfor the misusing part at a rate of *per day. ARTICLE5 ACCOUNTThe Bor

10、rower shall open Reiminbi basic account and/or foreign currencyaccount at the Lender or Lenders branch for the use of draw-down,repayment,payment of interests and fees.ARTICLE 6 DRAW-DOWN1.The loan under thiscontractis revolving,the balance of thiscontractshall not more than the line of credit.2. Th

11、e 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-DOWNThe followingconditionsshallbe satisfiedin advance of the draw-downdate:1. The

12、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第4页共16页合同书 | YB-HT-004788借款担保合同certificate of the investment to th

13、e Lender;4.The Borrower has providedthe board resolutionand power of attorneyregarding 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.T

14、he Borrower has been satisfiedthe warrantsunder Article11 of thiscontract;8. The other requirement for the draw-down have been satisfied.ARTICLE 8 REPAYMENT PLAN AND PREPAYMENT1. The Borrower shall repay the loan in accordance with the status ofitscash. The Borrower shallinform the Lender the paymen

15、t 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.2. The payment made by the Borrower and the deduction from the accountof the Borrower shallbe used forrepayingthe interestat firstand thenfor rep

16、aying the principal.3. In the event the Borrower fails to repay the loan, the Lender shall have rights to deduct the debt from the bank account of the Borrower at the Lender or empower the branches of the Lender to deduct the debt from the bank account of the Borrower at the Lenders branches;4. The

17、installment of repayment shall not less than 1 million.第5页共16页合同书 | YB-HT-004788借款担保合同ARTICLE 9 DEBT CERTIFICATE The Lender shall keep record in the Lendersaccount for the principal,interests and fees and other fees of theBorrower under this contract; The above mentioned record and thedocumentation

18、forthe draw-down, repayment and payment of interestis thecertificates of the debts between the Borrower and the Lender.ARTICLE 10 GUARANTY1.(the Guarantor)shallbe the guarantorforthe loan under thiscontractand take jointlyliabilities.2. During the term of thiscontract,iftheguarantors financial statu

19、s become deteriorated or the liabilities forrepayment of debts become weak, the Lender shall have right to requestthe Borrower changes guarantor orprovide mortgage and pawn secured forthis loan under this contract.ARTICLE 11 REPRESENTATIONS AND WARRANTIESI. The Borrowers represents and warrants as f

20、ollows:1. The Borrower is a company duly organized and validly existing under the law of the Peoples Republic of China and has the power and authority to own its property to consummate the transactions contemplated in this contract and join the litigation. The Borrower has the power to handleit asse

21、ts used in operation.2. The Borrower is at its option to sign and perform this contract.Itis the Borrowers truemeaning and has the power to sign thiscontractandit is not breach it article of association or regulations or contracts.第6页共16页合同书 | YB-HT-004788借款担保合同The procedure for signatureand perform

22、ance of thiscontracthas been gonethrough and fully effectiveness.3. The all documents, materials, reports and certificates provided tothe Lender by the borrower forconsummation of thiscontractis true,real,compete and effective4. The Borrower shall not conceal the following events which is beinghappe

23、ned or have been happened which willcause the Lender refuse to extendthe loan: (1) The Borrower or the principal executives of the Borrowerinvolve inmaterial eventswhich breach regulations,laws or compensationto others;(2)Pending actions and arbitration; (3)The Borrowers debtsor proposeddebts or lie

24、nsand otherencumbrances;(4) The othermatterswillimpactthefinancialstatusorabilitiesof repayment for thedebts;(5)The Borrowerbreached contractwhich isbetween the Borrower and othercreditors.II. The Borrower hereby warrants as follows: 1. Using the capital of the loan as usage set forth in this contra

25、ct, the Borrower will not use the loan as Equity investment; The Borrower will not use the capital of the loan invest in security, future, real estate etc. The Borrower will not lend to the others privately or involving other maters which isprohibitedby the country.The Borrower willnot misusing or a

26、ppropriationof the loan.2.Making payment and relatedexpenses in accordance with the provisions第7页共16页合同书 | YB-HT-004788借款担保合同set forth in this contract;3. Providing updated financial statement or financial bulletin everyquarter;Providingthe audited financialreportat the firstquart of eachyear; Provi

27、ding operation report, financial report or other files andmaterials and shall warrant the reality, correct and effectiveness forthe files and materials;4.Any anti-guarantyor other similardocuments willnot make any impacton the rights and benefits of the Lenders;5. Accepting the supervision of the Le

28、nder, provides assistance and cooperation for the Lenders supervisions;6. Will not reduce the registration capital; Prior approval from thelender shall be required when the Borrower changes of shareholders andoperationmanner(includingbut not limitedto jointventure,cooperation,jointly cooperation; di

29、ssolution, closedown, liquidation,transformation; merger; change to share company, use the housing,machinery or other real assets or trademark, intellectual property,Knowhow, landing using rights or other intangible assets to invest inshare company or investment company, trading of operation right o

30、r ownright by contracting, joint operation, trusteeship)7.The Borrower shallinformthe Lender and warrantsthe liabilityunderits security will not more than net assets of the Borrower when theBorrower guarantee for other party or mortgage its assets. The Borrower第8页共16页合同书 | YB-HT-004788借款担保合同warrants

31、thatwillnot dispose the assets which willmake adverse impacton its ability of paying debts.8.The Borrower willnot pay the other similarloans priorto the Lender;9. The Borrower warrants to inform the Lender immediately when thefollowingevents occurred: (1)The event of breach of contractunder thiscont

32、ractor other loan or guarantycontractsbetween the Borrower and anybranches of Bank of China or other banks, non-bank financialorganization;(2) The Borrower changes shareholdersor revisethe articleof association;(3) The Borrower suffer difficulties and bad result in financial andoperation; (4)The Bor

33、rower involvesin materialactionsor arbitration;10.The Borrower shallkeep sufficientbalance for repayment prior*to the due date.11. The Borrower shall keep its bank transactions regarding income collection, sell foreign currency or buy foreign currency ect. Shall be conducted at the Lender or other b

34、ranches of the Lender. The turn-over for the capital shall satisfy the demand of the Lender;III.The Borrowers representationsand warrantshereunder thiscontractshall be effective even though any mendment, supplements or revised tobe made to this contract.ARTICLE 12 REPRESENTATIONS AND WARRANTS OF THE

35、 LENDERI. The Lender represents and warrants as follows:1.The Lender is a state-ownedcommercial bank or branch duly organized第9页共16页合同书 | YB-HT-004788借款担保合同and validly existing under thelaw ofand Commercial Administrationand holds the financialinstitutionslegalperson licenses and financial instituti

36、ons operation license to bequalified to operate financial business.2.The Lender has taken allnecessary actionto authorizethe executionof thiscontractand performance of itsobligationsunder thiscontract.The Lender is duly authorized to extend this loan.II. The Lender warrants as follows:1. The Lender

37、shall extend the loan in accordance with the provisionsset forthin thisContract. 2.Collectinterestsin accordance with theregulations of the Peoples Bank.ARTICLE 13 EVENTS OF BREACH CONTRACT AND SETTLEMENT:I. Settlement of the Borrower breach of contract1. Event of breachof contract: (1) The Borrower

38、 fails to use the loan in accordance withthe agreed usage of the Loan; (2) The Borrower fails to repay the dueprincipaland pay the interests,expenses or other payable in accordancewith the agreed term of this contract; (3) The Borrower breaches therepresentation and warrants set forth in Article 11.

39、 (4) The Borrowerbreaches other loan agreements or guaranty agreements or the Guarantorbreach the guaranty agreement which may make impact the Borrower toperform the obligationsunder thiscontract. (5)Conclusiveevidence toshow thatthe Borrower lose the capacityof creditor duringperformance第 10页共16页合同

40、书 | YB-HT-004788借款担保合同of the obligation under this contract, the financial conditions of theGuarantor are seriously deteriorating or other reasons caused theGuarantor the capacityof creditdecline. (6)The Borrower breaches theother obligations under this contract.2. Under the above circumstances, the

41、 Lender shall have right to: (1)Request the Borrower to rectifywithinthe perioddesigned by the Lender;(2) Cease in extending the loan or cancel the credit; (3) Declare theloan under thiscontractis due and the Lender shallhave rightto deductthe outstanding amount from the account of the Borrower. The

42、 Borrowershall not appeal against the Lender. (4) Declare the loan is due underother loan agreements between the Lender and the Borrower, request theBorrower to repay the loan principals, interests, and other expenses.II. The settlement for the Lender breach of the contract1.The Lender failsto exten

43、d the loan as agreed in thiscontractwithoutany reasons;2. The Lender breaches the agreed interest rate and collection add interests or other fees;3. The Lender breaches the provisions set forth in Article 12;4.Under the above circumstances,the Borrower shallhave rightto: (1)Request the Lender to rec

44、tify; (2)Repay the loan ahead of time and refuseto pay any compensation for prepayment.ARTICLE 14 DEDUCTION第 11页共16页合同书 | YB-HT-004788借款担保合同The Borrower shallpay in fullforthe payment withoutany counteractionor any condition.ARTICLE 15 ASSIGNMENT OF THE DEBT AND CREDIT1. The Borrower shall not assig

45、n its right and liability under thiscontractto other thirdpartywithoutany writtenapprovalof the Lender;2. In the event the Borrower assign its right and liability under this contract to other third party under the written consent of the Lender, the third party shall abide this contract without any c

46、ondition.ARTICLE 16 PERFORMANCE OF OBLIGATION AND WAIVER OF RIGHTS1. The Borrower is independent contractor under this contract, it willnot impact by any other relations between the Borrower with other party except the other provisions set forth in this contract.2. The Lender give any extension, tol

47、eration, favor to the Borrower or permit the Borrower to delay of performance any obligation under thiscontract shall not impair any rights of the Lender in accordance with thiscontractand laws, regulation,itshallbe deemedto have waived itsrightsunder thiscontractand the obligationshallbe performed

48、by the Borrowerunder this contract.ARTICLE 17 AMENDMENT, SUPPLEMENT ANDINTERPRETATION OF THE CONTRACT1. This contract could be amended and supplemented upon the written agreements conclude by the parties. Any a amendmentand supplement shall be integral party of this contract.第 12页共16页合同书 | YB-HT-004

49、788借款担保合同2.In the event change of laws,regulationsor legalpracticewhich willcause any terms containedin thisContractbecomeillegal,invalidor lossof practice,the otherpartof thiscontractshallnot be impairedby it.The both partiesshallmake effortsto change the illegal,invalidor lossof practice part.3. F

50、or the matters not referred in this contract shall be construed in accordance with the provisions of the Peoples Bank of China.ARTICLE 18 DISPUTE RESOLUTION, GOVERNING LAW AND WAIVER OF EXEMPTION1. The conclusion, interpretation and dispute resolution shall besubjectto the Laws of the Peoples Republ

51、ic of Chin. The disputesarisingfrom the execution of this contract shall be settled through friendlyconsultation by both parties. In case no settlement can be reached, thedisputes shall be submitted to the Peoples Court of the location of theLender for judgment.2. The Borrower shall not reject any obligation during the settlement of disputes.3. The execution and performance of this contract and the related transaction is civil behavior. The Borrower shall not appeal to take actio