英文涉外借贷合同范本

1、英文涉外借贷合同范本LAN CNTRACTCntract Number:BRRWER:Address:LENDER:Address:In accrdance with prvisins f Cntract Law f the Peples Republic f China and Bank f China, after reviewing the status and the request f the Brrwer, the Lender agrees t grant the Brrwer a line f credit n . The Brrwer, Lender and Guarantr

2、, thrugh friendly negtiatin, have eecuted this Cntract as fllws:ARTICLE 1 CURRENCY, AMUNT AND TERM F THE LAN:1. The Currency under this lan is Reiminbi.2. The Line f the lan is yuan.3. The perid f this lan is 12 mnths frm the date f effectiveness f this cntract.ARTICLE 2 THE PURPSE F THE LAN:1. The

3、purpse f this lan is used fr wrking capital turnver.2. Withut written apprval f the Lender, the Brrwer culd nt use the lan ut f the scpe f the purpse.ARTICLE 3 INTEREST RATE AND CALCULATIN F INTEREST:1. Interest rate: The interest rate shall be During the lan term, if the cuntrys related authrity ad

4、justed the interest rate r the manner f calculatin f interest, the interest f this cntract shall be adjusted accrdingly after ne year frm the date f eecutin f this cntract. The adjustment shall be cnducted when the interest rate are eecuted ne year.It is nt bliged t infrm the Brrwer when the adjustm

5、ent f interest.2. The interest shall be calculated frm the date f first drawdwn and the actual days the brrwer use. ne year shall be calculated as 360 days.3. The payment f interests: The Brrwer shall pay the interests per quarter. The payment date shall be , and. If the payment fr the last installm

6、ent is nt n the payment date,the interests shall deduct the interest frm the bank accunt f the Brrwer. In the event that the Brrwer fails t pay the interests n time and the balance f the accunt f the Brrwer is nt enugh fr the payment f interest, the Lender shall have rights t cllect a penalty being

7、f the utstanding amunt per day fr the Brrwers breach f cntract.ARTICLE 4 VERDUE INTERESTS AND MISUSING INTERESTS1. If the Brrwer fails t repay the lan and can nt reach a agreement with the Lender regarding the etensin, the Lender shall cllect an verdue penalty fr f the verdue amunt per day.2. If the

8、 Brrwer fails t uses the lan in accrdance with the prvisins set frth in this cntract, the Lender shall have right t charge a interests fr the misusing part at a rate f per day.ARTICLE 5 ACCUNTThe Brrwer shall pen Reiminbi basic accunt and/r freign currency accunt at the Lender r Lenders branch fr th

9、e use f draw-dwn, repayment,payment f interests and fees.ARTICLE 6 DRAW-DWN1. The lan under this cntract is revlving, the balance f this cntract shall nt mre than the line f credit.2. The Brrwer shall send a draw-dwn applicatin as the frm herein attached in this cntract 7 days befre the date f draw-

10、dwn.3. The Brrwer shall nt draw the lan less than 1 millin.ARTICLE 7 CNDITINS FR DRAW-DWNThe fllwing cnditins shall be satisfied in advance f the draw-dwn date:1. The Brrwer has pened freign accunt and Reiminbi accunt at the ffice f the Lender r the branch f the Lender;2. This cntract and the append

11、ices have been effective;3. The Brrwer has prvided the recgnitin f the investment r certificate f the investment t the Lender;4. The Brrwer has prvided the bard reslutin and pwer f attrney regarding this lan cntract;5. The Brrwer has prvided the list and the signature sample f the authrized persn wh

12、 empwer t sign this cntract and dcuments;6. The Guaranty under this cntract has been effective;7. The Brrwer has been satisfied the warrants under Article 11 f this cntract;8. The ther requirement fr the draw-dwn have been satisfied.ARTICLE 8 REPAYMENT PLAN AND PREPAYMENT1. The Brrwer shall repay th

13、e lan in accrdance with the status f its cash. The Brrwer shall infrm the Lender the payment amunt and date prir t make the payment. The Brrwer shall be bliged t repay the principal and related interests n due date withut any cnditin.2. The payment made by the Brrwer and the deductin frm the accunt

14、f the Brrwer shall be used fr repaying the interest at first and then fr repaying the principal.3. In the event the Brrwer fails t repay the lan, the Lender shall have rights t deduct the debt frm the bank accunt f the Brrwer at the Lender r empwer the branches f the Lender t deduct the debt frm the

15、 bank accunt f the Brrwer at the Lenders branches;4. The installment f repayment shall nt less than 1 millin.ARTICLE 9 DEBT CERTIFICATEThe Lender shall keep recrd in the Lenders accunt fr the principal,interests and fees and ther fees f the Brrwer under this cntract; The abve mentined recrd and the

16、dcumentatin fr the draw-dwn, repayment and payment f interest is the certificates f the debts between the Brrwer and the Lender.ARTICLE 10 GUARANTY1.(the Guarantr) shall be the guarantr fr the lan under this cntract and take jintly liabilities.2. During the term f this cntract, if the guarantrs fina

17、ncial status becme deterirated r the liabilities fr repayment f debts becme weak, the Lender shall have right t request the Brrwer changes guarantr rprvide mrtgage and pawn secured fr this lan under this cntract.ARTICLE 11 REPRESENTATINS AND WARRANTIESI. The Brrwers represents and warrants as fllws:

18、1. The Brrwer is a cmpany duly rganized and validly eisting under the law f the Peples Republic f China and has the pwer and authrity t wn its prperty t cnsummate the transactins cntemplated in this cntract and jin the litigatin. The Brrwer has the pwer t handle it assets used in peratin.2. The Brrw

19、er is at its ptin t sign and perfrm this cntract.It is the Brrwers true meaning and has the pwer t sign this cntract and it is nt breach it article f assciatin r regulatins r cntracts. The prcedure fr signature and perfrmance f this cntract has been gne thrugh and fully effectiveness.3. The all dcum

20、ents, materials, reprts and certificates prvided t the Lender by the brrwer fr cnsummatin f this cntract is true, real, cmpete and effective4. The Brrwer shall nt cnceal the fllwing events which is being happened r have been happened which will cause the Lender refuse t etend the lan:(1) The Brrwer

21、r the principal eecutives f the Brrwer invlve in material events which breach regulatins, laws r cmpensatin t thers;(2) Pending actins and arbitratin;(3) The Brrwers debts r prpsed debts r liens and ther encumbrances;(4) The ther matters will impact the financial status r abilities f repayment fr th

22、e debts;(5) The Brrntract which is between the Brrwer and ther creditrs.II. The Brrwer hereby warrants as fllws:1. Using the capital f the lan as usage set frth in this cntract, the Brrwer will nt use the lan as Equity investment; The Brrwer will nt use the capital f the lan invest in security, futu

23、re, real estate etc. The Brrwer will nt lend t the thers privately r invlving ther maters which is prhibited by the cuntry. The Brrwer will nt misusing r apprpriatin f the lan.2. Making payment and related epenses in accrdance with the prvisins set frth in this cntract;3. Prviding updated financial

24、statement r financial bulletin every quarter; Prviding the audited financial reprt at the first quart f each year; Prviding peratin reprt, financial reprt r ther files and materials and shall warrant the reality, crrect and effectiveness fr the files and materials;4. Any anti-guaranty r ther similar

25、 dcuments will nt make any impact n the rights and benefits f the Lenders;5. Accepting the supervisin f the Lender, prvides assistance and cperatin fr the Lenders supervisins;6. Will nt reduce the registratin capital; Prir apprval frm the lender shall be required when the Brrwer changes f sharehlder

26、s and peratin manner(including but nt limited t jint venture, cperatin, jintly cperatin; disslutin, clsedwn, liquidatin, transfrmatin; merger; change t share cmpany, use the husing, machinery r ther real assets r trademark, intellectual prperty, Knwhw, landing using rights r ther intangible assets t

27、 invest in share cmpany rpany, trading f peratin right r wn right by cntracting, jint peratin, trusteeship)7. The Brrwer shall infrm the Lender and warrants the liability under its security will nt mre than net assets f the Brrwer when the Brrwer guarantee fr ther party r mrtgage its assets. The Brr

28、wer warrants that will nt dispse the assets which will make adverse impact n its ability f paying debts.8. The Brrwer will nt pay the ther similar lans prir t the Lender;9. The Brrwer warrants t infrm the Lender immediately when the fllwing events ccurred:(1) The event f breach f cntract under this

29、cntract r ther lan r guaranty cntracts between the Brrwer and any branches f Bank f China r ther banks, nn-bank financial rganizatin;(2) The Brrwer changes sharehlders r revise the article f assciatin;(3) The Brrwer suffer difficulties and bad result in financial and peratin;(4) The Brrwer invlves i

30、n material actins r arbitratin;10. The Brrwer shall keep sufficient balance fr repayment prir t the due date.11. The Brrwer shall keep its bank transactins regarllectin, sell freign currency r buy freign currency ect. Shall be cnducted at the Lender r ther branches f the Lender. The turn-ver fr the

31、capital shall satisfy the demand f the Lender;III. The Brrwers representatins and warrants hereunder this cntract shall be effective even thugh any mendment, supplements r revised t be made t this cntract.ARTICLE 12 REPRESENTATINS AND WARRANTS F THE LENDERI. The Lender represents and warrants as fll

32、ws:1. The Lender is a state-wned cmmercial bank r branch duly rganized and validly eisting under the law f P.R.C and apprved by the Industry and Cmmercial Administratin and hlds the financial institutins legal persn licenses and financial institutins peratin license t be qualified t perate financial

33、 business.2. The Lender has taken all necessary actin t authrize the eecutin f this cntract and perfrmance f its bligatins under this cntract. The Lender is duly authrized t etend this lan.II. The Lender warrants as fllws:1. The Lender shall etend the lan in accrdance with the prvisins set frth in t

34、hisllect interests in accrdance with the regulatins f the Peples Bank.ARTICLE 13 EVENTRACT AND SETTLEMENT:I. Settlement f the Brrwer breach f cntract1. Event f breach f cntract:(1) The Brrwer fails t use the lan in accrdance with the agreed usage f the Lan;(2) The Brrwer fails t repay the due princi

35、pal and pay the interests, epenses r ther payable in accrdance with the agreed term f this cntract;(3) The Brrwer breaches the representatin and warrants set frth in Article 11.(4) The Brrwer breaches ther lan agreements r guaranty agreements r the Guarantr breach the guaranty agreement which may ma

36、ke impact the Brrwer t perfrm the bligatins under thisnclusive evidence t shw that the Brrwer lse the capacity f credit r during perfrmance f the bligatin under this cntract, the financial cnditins f the Guarantr are seriusly deterirating r ther reasns caused the Guarantr the capacity f credit decli

37、ne.(6) The Brrwer breaches the ther bligatins under this cntract.2. Under the abve circumstances, the Lender shall have right t:(1) Request the Brrwer t rectify within the perid designed by the Lender;(2) Cease in etending the lan r cancel the credit;(3) Declare the lan under this cntract is due and

38、 the Lender shall have right t deduct the utstanding amunt frm the accunt f the Brrwer. The Brrwer shall nt appeal against the Lender.(4) Declare the lan is due under ther lan agreements between the Lender and the Brrwer, request the Brrwer t repay the lan principals, interests, and ther epenses.II.

39、 The settlement fr the Lender breach f the cntract1. The Lender fails t etend the lan as agreed in this cntract withut any reasns;2. The Lender breaches the agreed interest rate and cllectin add interests r ther fees;3. The Lender breaches the prvisins set frth in Article 12;4. Under the abve circum

40、stances, the Brrwer shall have right t:(1) Request the Lender t rectify;(2) Repay the lan ahead f time and refuse t pay any cmpensatin fr prepayment.ARTICLE 14 DEDUCTINThe Brrwer shall pay in full fr the payment withut any cunteractin r any cnditin.ARTICLE 15 ASSIGNMENT F THE DEBT AND CREDIT1. The B

41、rrwer shall nt assign its right and liability under this cntract t ther third party withut any written apprval f the Lender;2. In the event the Brrwer assign its right and liability under this cntract t ther third party under the written cnsent f the Lender, the third party shall abide this cntract

42、withut any cnditin.ARTICLE 16 PERFRMANCE F BLIGATIN AND WAIVER F RIGHTS1. The Brrwentractr under this cntract, it will nt impact by any ther relatins between the Brrwer with ther party ecept the ther prvisins set frth in this cntract.2. The Lender give any etensin, tleratin, favr t the Brrwer r perm

43、it the Brrwer t delay f perfrmance any bligatin under this cntract shall nt impair any rights f the Lender in accrdance with this cntract and laws, regulatin, it shall be deemed t have waived its rights under this cntract and the bligatin shall be perfrmed by the Brrwer under this cntract.ARTICLE 17

44、 AMENDMENT, SUPPLEMENT AND INTERPRETATIN F THE CNTRACT1. This cntract culd be amended and supplemented upn the written agreements cnclude by the parties. Any a amendment and supplement shall be integral party f this cntract.2. In the event change f laws, regulatins r legal practice which will cause

45、any terms cntained in this Cntract becme illegal, invalid r lss f practice, the ther part f this cntract shall nt be impaired by it. The bth parties shall make effrts t change the illegal, invalid r lss f practice part.3. Fr the matters nt referred in this cntract shall be cnstrued in accrdance with

46、 the prvisins f the Peples Bank f China.ARTICLE 18 DISPUTE RESLUTIN, GVERNING LAW AND WAIVER F EEMPTIN1. The cnclusin, interpretatin and dispute reslutin shall be subject t the Laws f the Peples Republic f Chin. The disputes arising frm the eecutin f this cntract shall be settled thrunsultatin by bt

47、h parties. In case n settlement can be reached, the disputes shall be submitted t the Peples Curt f the lcatin f the Lender fr judgment.2. The Brrwer shall nt reject any bligatin during the settlement f disputes.3. The eecutin and perfrmance f this cntract and the related transactin is civil behavir

48、. The Brrwer shall nt appeal t take actin t eempt frm the bligatin under this cntract.(if bth parties agree t apply arbitratin, the abve term shall be:)1. The cnclusin, interpretatin and dispute reslutin shall be subject t the Laws f the Peples Republic f Chin. The dispute arising frm the eecutin f

49、this cntract shall be settled thrunsultatin by bth parties. In case n settlement can be reached, the disputes shall be submitted t China Internatinal Ecnmic and trade arbitratin cmmissin fr arbitratin.2. The arbitratin shall be cnducted in accrdance with the Arbitratin Law f Peples Republic f China and Prvisinal Rules f Prcedure f