涉外借款合同英文版文档格式.docx

1、this Contract as follows ：ARTICLE 1 CURRENC，YAMOUNT AND TERM OF THE LO：AN1. 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 dateof effectiveness of this contract.ARTICLE 2 THE PURPOSE OF THE LO：1. The purpose of this loan is u

2、sed 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 INTER：EST1. Interest rate ： The interest rate shall be *During the loan term ，if the countrys related authority a

3、djusted 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 year.It is not obliged to inform the

4、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.

5、 If thepayment for the last installment is not on the payment date the interests shall deduct the interest from the bank accountof 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

6、， 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 INTERESTS1. If the Borrower fails to repay the loan and can notreach a agreement with the Lender regarding the extension ， the L

7、ender 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 ACCOUNTThe Borr

8、ower shall open Reiminbi basic account and/orforeign currency account 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 this contract is revolving ， thebalance of this contract shall not more than the line of cre

9、dit.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-DOWNThe following conditions shall be satisfied in advance of the draw-dow

10、n 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.

11、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 whoempowerto sign this contract and documents ；6. The Guaranty under this contract has been effective ；7. The Bor

12、rower 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 PREPAYMENT1. The Borrower shall repay the loan in accordance with the status of its cash. The Borrower shall inform the Lender the paym

13、ent 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 account of the Borrower shall be used for repaying the interest at first and th

14、en for repaying the principal.3. In the event the Borrower fails to repay the loan ，the Lender shall have rights to deduct the debt from the bankaccount 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 branche

15、s ；4. The installment of repayment shall not less than 1 million.ARTICLE 9 DEBT CERTIFICATEThe Lender shall keep record in the Lenders account for the principal ，interests and fees and other fees of the Borrower under this contract ； The above mentioned record and thedocumentation for the draw-down

16、， repayment and payment of interest is the certificates of the debts between the Borrower and the Lender.ARTICLE 10 GUARANTY1. （ the Guarantor） shall be the guarantor for the loan under this contract and take jointly liabilities.2. During the term of this contract ， if the guarantors financial statu

17、s become deteriorated or the liabilities for repayment of debts becomeweak， the Lender shall have right to request the Borrower changes guarantor orprovide mortgage andpawn secured for this loan under this contract.ARTICLE 11 REPRESENTATIONS AND WARRANTIESI. The Borrowers represents and warrants as

18、follows ：1. The Borrower is a companyduly 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 handle it as

19、sets usedin operation.2. The Borrower is at its option to sign and perform this contract.It is the Borrowers true meaning and has the power to sign this contract and it is not breach it article of association or regulations or contracts. The procedure for signature and performance of this contract h

20、as been gone through and fully effectiveness.3. The all documents ， materials ， reports and certificates provided to the Lender by the borrower for consummation of this contract is true ， real ， compete and effective4. The Borrower shall not conceal the following events which is being happened or ha

21、ve been happened which will cause the Lender refuse to extend the loan ：（ 1） The Borrower or the principal executives of the Borrower involve in material events which breach regulations ，laws or compensation to others ；（ 2） Pending actions and arbitration ；（ 3） The Borrowers debts or proposed debts

22、or liens and other encumbrances ；（ 4） The other matters will impact the financial status or abilities of repayment for the debts ；（ 5） The Borrower breached contract which is between the Borrower and other creditors.II. The Borrower hereby warrants as follows ：1. Using the capital of the loan as usa

23、ge set forth in this contract ， 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 is prohibited by the country.

24、The Borrower will not misusing or appropriation of the loan.2. Making payment and related expenses in accordance with the provisions set forth in this contract ；3. Providing updated financial statement or financial bulletin every quarter ； Providing the audited financial report at the first quart of

25、 each year ； Providing operation report ，financial report or other files and materials and shall warrant the reality ， correct and effectiveness for the files and materials ；4. Any anti-guaranty or other similar documents will not make any impact on the rights and benefits of the Lenders ；5. Accepti

26、ng the supervision of the Lender ， providesassistance and cooperation for the Lenders supervisions ；6. Will not reduce the registration capital ； Priorapproval from the lender shall be required when the Borrower changes of shareholders and operation manner（ including but not limited to joint venture

27、 ， cooperation ， jointly cooperation ； dissolution ，closedown ，liquidation ，transformation ；merger ； change to share company， use the housing ， machinery or otherreal assets or trademark ， intellectual property ， Knowhow，landing using rights or other intangible assets to invest in share companyor in

28、vestment company，trading of operation right or own right by contracting ， joint operation ， trusteeship ）7. The Borrower shall inform the Lender and warrants the liability under its security will not more than net assets of the Borrower when the Borrower guarantee for other party or mortgage its ass

29、ets. The Borrower warrants that will not dispose the assets which will make adverse impact on its ability of paying debts.8. The Borrower will not pay the other similar loans prior to the Lender ；9. The Borrower warrants to inform the Lender immediately when the following events occurred ：（1） The ev

30、ent of breach of contract under this contract or other loan or guaranty contracts between the Borrower and any branches of Bank of China or other banks ， non-bank financialorganization ；（ 2） The Borrower changes shareholders or revise the article of association ；（ 3） The Borrower suffer difficulties

31、 and bad result in financial and operation ；（ 4） The Borrower involves in material actions or arbitration ；10. The Borrower shall keep sufficient balance 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 branches of the Lender. The turn-over for the capital sh