借款合同中英文范本

.编号: _可编辑可打印，也可以直接使用，欢迎您的下载借款合同中英文范本甲 方：_乙 方：_签订日期：_年_月_日借款合同中文范本借款单位：_法定代表人：_贷款单位：_法定代表人：_保证单位：_法定代表人：_签约日期：_根据中华人民共和国合同法的规定，借款方为保证施工生产正常进行，向贷款方申请建筑企业流动资金贷款，经贷款方审查同意发放，为明确各方权责，特签订本合同共同遵守。第一条 本合同规定_ 年贷款额为人民币（大写）_ 万元，用于_ .第二条 借款方和贷款方必须共同遵守贷款办法，有关贷款事项按办法规定办理。第三条 贷款自支用之日起，按实际支用数计收利息，利率为月息_ ，超计划贷款的超过部分利率为月息_ ，逾期贷款加计利息20%，挪用贷款挪用部分加罚利息50%.第四条 贷款方保证按照本合同的规定供应资金，贷款方如因工作差错贻误用款，以致借款方遭受损失时，应按直接经济损失，由贷款方负责赔偿。第五条 贷款方有权检查贷款使用情况。检查时，借款方对调阅有关文件、帐册、凭证和报表，查核物资库存和施工生产情况等，必须给予方便。第六条 借款方如违反合同和贷款办法的规定，贷款方有权停止贷款，提前收回部分或全部贷款。第七条 担保方对借款方归还贷款本息承担责任，如果借款方未按期清偿贷款本息时，担保方应在接到贷款方还款通知后一个月内负责归还。第八条 本合同有效期：_自_ 年_ 月_ 日起，至_ _ 年_ 月_ 日为止。本合同正本一式三份，签章各方各执一份。借款方：_（盖章）_ 代表人_贷款方：_（盖章）_ 代表人_担保方：_（盖章）_ 代表人_借款合同英文范本Contract Number：_ _BORROER：_ _Address：_ _LENDER：_ _Address：_ _In accordance ith provisions of Contract La of the Peoples Republic of China and Bank of China， after revieing the status and the request of the Borroer， the Lender agrees to grant the Borroer a line of credit on . The Borroer， Lender and Guarantor， through friendly negotiation， have executed this Contract as follos：_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 2019 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 orking capital turnover.2. ithout ritten approval of the Lender， the Borroer 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 hen the interest rate are executed one year.It is not obliged to inform the Borroer hen the adjustment of interest.2. The interest shall be calculated from the date of first dradon and the actual days the borroer use. One year shall be calculated as 360 days.3. The payment of interests：_ The Borroer 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 Borroer. In the event that the Borroer fails to pay the interests on time and the balance of the account of the Borroer 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 Borroers breach of contract.ARTICLE 4 OVERDUE INTERESTS AND MISUSING INTERESTS1. If the Borroer fails to repay the loan and can not reach a agreement ith the Lender regarding the extension， the Lender shall collect an overdue penalty for * of the overdue amount per day.2. If the Borroer fails to uses the loan in accordance ith 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 Borroer shall open Reiminbi basic account and/or foreign currency account at the Lender or Lenders branch for the use of dra-don， repayment，payment of interests and fees.ARTICLE 6 DRA-DON1. The loan under this contract is revolving， the balance of this contract shall not more than the line of credit.2. The Borroer shall send a dra-don application as the form herein attached in this contract 7 days before the date of dra-don.3. The Borroer shall not dra the loan less than 1 million.ARTICLE 7 CONDITIONS FOR DRA-DONThe folloing conditions shall be satisfied in advance of the dra-don date：_1. The Borroer 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 Borroer has provided the recognition of the investment or certificate of the investment to the Lender；4. The Borroer has provided the board resolution and poer of attorney regarding this loan contract；5. The Borroer has provided the list and the signature sample of the authorized person ho empoer to sign this contract and documents；6. The Guaranty under this contract has been effective；7. The Borroer has been satisfied the arrants under Article 2019 of this contract；8. The other requirement for the dra-don have been satisfied.ARTICLE 8 REPAYMENT PLAN AND PREPAYMENT1. The Borroer shall repay the loan in accordance ith the status of its cash. The Borroer shall inform the Lender the payment amount and date * prior to make the payment. The Borroer shall be obliged to repay the principal and related interests on due date ithout any condition.2. The payment made by the Borroer and the deduction from the account of the Borroer shall be used for repaying the interest at first and then for repaying the principal.3. In the event the Borroer fails to repay the loan， the Lender shall have rights to deduct the debt from the bank account of the Borroer at the Lender or empoer the branches of the Lender to deduct the debt from the bank account of the Borroer at the Lenders branches；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 Borroer under this contract； The above mentioned record and the documentation for the dra-don， repayment and payment of interest is the certificates of the debts beteen the Borroer and the Lender.ARTICLE 2019 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 status become deteriorated or the liabilities for repayment of debts become eak， the Lender shall have right to request the Borroer changes guarantor orprovide mortgage and pan secured for this loan under this contract.ARTICLE 2019 REPRESENTATIONS AND ARRANTIESI. The Borroers represents and arrants as follos：_1. The Borroer is a company duly organized and validly existing under the la of the Peoples Republic of China and has the poer and authority to on its property to consummate the transactions contemplated in this contract and join the litigation. The Borroer has the poer to handle it assets used in operation.2. The Borroer is at its option to sign and perform this contract.It is the Borroers true meaning and has the poer 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 has been gone through and fully effectiveness.3. The all documents， materials， reports and certificates provided to the Lender by the borroer for consummation of this contract is true， real， compete and effective4. The Borroer shall not conceal the folloing events hich is being happened or have been happened hich ill cause the Lender refuse to extend the loan：_（1） The Borroer or the principal executives of the Borroer involve in material events hich breach regulations， las or compensation to others；（2） Pending actions and arbitration；（3） The Borroers debts or proposed debts or liens and other encumbrances；（4） The other matters ill impact the financial status or abilities of repayment for the debts；（5） The Borroer breached contract hich is beteen the Borroer and other creditors.II. The Borroer hereby arrants as follos：_1. Using the capital of the loan as usage set forth in this contract， the Borroer ill not use the loan as Equity investment； The Borroer ill not use the capital of the loan invest in security， future， real estate etc. The Borroer ill not lend to the others privately or involving other maters hich is prohibited by the country. The Borroer ill not misusing or appropriation of the loan.2. Making payment and related expenses in accordance ith 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 each year； Providing operation report， financial report or other files and materials and shall arrant the reality， correct and effectiveness for the files and materials；4. Any anti-guaranty or other similar documents ill not make any impact on the rights and benefits of the Lenders；5. Accepting the supervision of the Lender， provides assistance and cooperation for the Lenders supervisions；6. ill not reduce the registration capital； Prior approval from the lender shall be required hen the Borroer changes of shareholders and operation manner（including but not limited to joint venture， cooperation， jointly cooperation； dissolution， closedon， liquidation， transformation； merger； change to share company， use the housing， machinery or other real assets or trademark， intellectual property， Knoho， landing using rights or other intangible assets to invest in share company or investment company， trading of operation right or on right by contracting， joint operation， trusteeship）7. The Borroer shall inform the Lender and arrants the liability under its security ill not more than net assets of the Borroer hen the Borroer guarantee for other party or mortgage its assets. The Borroer arrants that ill not dispose the assets hich ill make adverse impact on its ability of paying debts.8. The Borroer ill not pay the other similar loans prior to the Lender；9. The Borroer arrants to inform the Lender immediately hen the folloing events occurred：_（1） The event of breach of contract under this contract or other loan or guaranty contracts beteen the Borroer and any branches of Bank of China or other banks， non-bank financial organization；（2） The Borroer changes shareholders or revise the article of association；（3） The Borroer suffer difficulties and bad result in financial and operation；（4） The Borroer involves in material actions or arbitration；2019. The Borroer shall keep sufficient balance for repayment prior * to the due date.2019. The Borroer 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 shall satisfy the demand of the Lender；III. The Borroers representations and arrants hereunder this contract shall be effective even though any mendment， supplements or revised to be made to this contract.ARTICLE 2019 REPRESENTATIONS AND ARRANTS OF THE LENDERI. The Lender represents and arrants as follos：_1. The Lender is a state-oned commercial bank or branch duly organized and validly existing under the la of P.R.C and approved by the Industry and Commercial Administration and holds the financial institutions legal person licenses and financial institutions operation license to be qualified to operate financial business.2. The Lender has taken all necessary action to authorize the execution of this contract and performance of its obligations under this contract. The Lender is duly authorized to extend this loan.II. The Lender arrants as follos：_1. The Lender shall extend the loan in accordance ith the provisions set forth in this Contract.2. Collect interests in accordance ith the regulations of the Peoples Bank.ARTICLE 2019 EVENTS OF BREACH CONTRACT AND SETTLEMENT：_I. Settlement of the Borroer breach of contract1. Event of breach of contract：_（1） The Borroer fails to use the loan in accordance ith the agreed usage of the Loan；（2） The Borroer fails to repay the due principal and pay the interests， expenses or other payable in accordance ith the agreed term of this contract；（3） The Borroer breaches the representation and arrants set forth in Article 2019.（4） The Borroer breaches other loan agreements or guaranty agreements or the Guarantor breach the guaranty agreement hich may make impact the Borroer to perform the obligations under this contract.（5） Conclusive evidence to sho that the Borroer lose the capacity of credit or during performance of the obligation under this contract， the financial conditions of the Guarantor are seriously deteriorating or other reasons caused the Guarantor the capacity of credit decline.（6） The Borroer breaches the other obligations under this contract.2. Under the above circumstances， the Lender shall have right to：_（1） Request the Borroer to rectify ithin the period designed by the Lender；（2） Cease in extending the loan or cancel the credit；（3） Declare the loan under this contract is due and the Lender shall have right to deduct the outstanding amount from the account of the Borroer. The Borroer shall not appeal against the Lender.（4） Declare the loan is due under other loan agreements beteen the Lender and the Borroer， request the Borroer to repay the loan principals， interests， and other expenses.II. The settlement for the Lender breach of the contract1. The Lender fails to extend the loan as agreed in this contract ithout any 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 2019；4. Under the above circumstances， the Borroer shall have right to：_（1） Request the Lender to rectify；（2） Repay the loan ahead of time and refuse to pay any compensation for prepayment.ARTICLE 2019 DEDUCTIONThe Borroer shall pay in full for the payment ithout any counteraction or any condition.ARTICLE 2019 ASSIGNMENT OF THE DEBT AND CREDIT1. The Borroer shall not assign its right and liability under this contract to other third party ithout any ritten approval of the Lender；2. In the event the Borroer assign its right and liability under this contract to other third party under the ritten consent of the Lender， the third party shall abide this contract ithout any condition.ARTICLE 2019 PERFORMANCE OF OBLIGATION AND AIVER OF RIGHTS1. The Borroer is independent contractor under this contract， it ill not impact by any other relations beteen the Borroer ith other party except the other provisions set forth in this contract.2. The Lender give any extension， toleration， favor to the Borroer or permit the Borroer to delay of performance any obligation under this contract shall not impair any rights of the Lender in accordance ith this contract and las， regulation， it shall be deemed to have aived its rights under this contract and the obligation shall be performed by the Borroer under this contract.ARTICLE 2019 AMENDMENT， SUPPLEMENT AND INTERPRETATION OF THE CONTRACT1. This contract could be amended and supplemented upon the ritten agreements conclude by the parties. Any a amendment and supplement shall be integral party of this contract.2. In the event change of las， regulations or legal practice hich ill cause any terms contained in this Contract become illegal， invalid or loss of practice， the other part of this contract shall not be impaired by it. The both parties shall make efforts to change the illegal， invalid or loss of practice part.3. For the matters not referred in this contract shall be construed in accordance ith the provisions of the Peoples Bank of China.ARTICLE 18 DISPUTE RESOLUTION， GOVERNING LA AND AIVER OF EXEMPTION1. The conclusion， interpretation and dispute resolution shall be subject to the Las of the Peoples Republic of Chin. The disputes arising from the execution of this contract shall be settled through friendly consultation by both parties. In case no settlement can be reached， the disputes shall be submitted to the Peoples Court of the location of the Lender for judgment.2. The Borroer 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 Borroer shall not appeal to take action to exempt from the obligation under this contract.（if both parties agree to apply arbitration， the above term shall be：_）1. The conclusion， interpretation and dispute resolution shall be subject to the Las of the Peoples Republic of Chin. The dispute arising from the execution of this contract shall be settled through friendly consultation by both parties. In case no settlement can be reached， the disputes shall be submitted to China International Economic and trade arbitration commission for arbitration.2. The arbitration shall be conducted in accordance ith the Arbitration La of Peoples Republic of China and Provisional Rules of Procedure of China international economic and trade arbitration commission.3. During the Arbitration， this contract shall be effective and the Borroer shall not disclaim the any obligations under this contract.4. The execution and performance of this contract and the related transaction is civil behavior. The Borroer shall not appeal to take action to exempt from the obligation under this contract.ARTICLE 19 OTHER MATTER AGREED BY THE PARTIES.ARTICLE 20 APPENDICESThe folloing appendices shall be integral part of this contract：_1. Dra-don application2. _ARTICLE 21 NOTICE1. Any notice， payment notice or telecommunications shall be forarded to the folloing address：_To：_ The Borroer：_ _Address：_ _Post Code：_ _Fax：_ _To：_ The Lender：_ _Address：_ _Post Code：_ _Fax：_ _2. If any change of address shall inform the other party immediately.3. Any notice， payment request or communication shall be forarded to the above address. The dates on hich notices shall be deemed to have been effectively given shall be determined as follos：_（1） If given in letter it shall be deemed effectively given on the fifth day after the date mailed by registered airmail， postage prepaid；（2） If given by telex it shall be deemed effectively given on the date the other party returned the information；（3） If given by facsimile it shall be deemed effectively given on the first date of transmission；（4） If given by personal delivery it shall be deemed effectively given on the date of personal delivery； This contract become effective after signed by the authorized representatives of both parties until