Latest loan contract template

Contract number: __________

Borrower:_______________________________

residence:_________________________

Legal representative: ___________________________

lender:_______________________________

residence:_________________________

Legal representative: _________________

Signing time: _________ years _______ month ____ day

place of signing:_____________________________

The borrower applied for a RMB loan of _________ million yuan to the lender for the __________________ road construction project for a period of _________ years. According to the relevant laws and regulations of China, the loan contract is voluntarily signed by the parties on equal terms.

Article 1 Definition and Interpretation

1.1 In this contract, the following terms have the following meanings:

1.1.1 “Bank Business Day” means the legal working day of the lender's location.

1.1.2 “Sales Day” means 20 days of the last month of each season.

1.1.3 “Borrower” means a person who borrows a loan under this contract, including its successor and assignee.

1.1.4 “Loan” means a bank that issues and manages loans in accordance with this contract, including banks that manage loans and implement account supervision.

1.1.5 “Withdrawal Period” means the period during which the Borrower withdraws the loan in accordance with Article 6.1 of this contract, including the period in which the withdrawal is postponed.

1.1.6 “Repayment period” means the period during which the borrower repays the loan in accordance with Article 6.7 of this contract, including the period during which the loan is extended.

1.1.7 “Grace period” means the period during which the Borrower is allowed to delay the performance of the obligation and is not considered to be in default.

1.1.8 “Project” means ________________________ road.

1.1.9 “Construction period” means the date from the commencement of the project to the date of completion of the project.

1.1.10 “Operation Period” means the completion of the project from the start of delivery to the end of the operation period.

1.1.11 “Completion” means the completion report is approved by the relevant department and the project is delivered for use.

1.1.12 “cost overrun” refers to over-expenditure of project construction investment.

1.1.13 “Preparation fee” includes basic reserve fee and price increase reserve fee.

1.1.14 “Project Capital” means non-debt funds subscribed by investors in the total investment of _____________________ roads.

1.1.15 “Guarantee file” means a letter of guarantee, guarantee, mortgage contract, pledge contract, etc. signed in order to guarantee the performance of this contract.

1.2 The title of the contract and terms of this contract is for convenience only and does not affect the meaning of any provision of this Agreement.

Article 2 Borrower's Statement and Guarantee

2.1 The borrower is an entity established by law and having legal personality, and has the right to conclude and perform this contract according to law;

2.2 The approved projects have obtained relevant approval documents, including project proposal approval files, engineering feasibility study report approval files, environmental protection approval files, land acquisition approval documents, construction approval files, project funding commitment files, road toll approvals or intentions. Sexual commitments and other government approval files that should be obtained;

2.3 Provide the lender with the files, guaranty files, construction contractors, raw material supply contracts, technical consulting contracts, etc. approved under this project;

2.4 The project capital of __________________ million under this contract is on time and in full;

2.5 To provide the lender with a financial commitment letter from the lender of the project and other fund-raising parties of the project;

2.6 The provision of _________ per cent of the total investment in the total investment may be over-expenditure due to unexpected costs and rising prices;

2.7 The borrower’s debt under this contract is on an equal footing with the borrower’s other debts;

2.8 The relevant information provided to the lender during the negotiation, signing and performance of this contract is true, complete and accurate;

2.9 There are no major economic disputes at present.

Third loan

3.1 The lender agrees to provide the borrower with a loan totaling RMB ______ million.

3.2 The loan under this contract can only be used for the construction of the __________________ highway project.

3.3 The loan term under this contract is _______ years _______ months, from _______ years _____ months _______ days to _______ years ______ months ______ days.

3.4 During the loan term, the actual withdrawal date and repayment date of the loan shall be subject to the loan approved by the lender; if the other items are inconsistent with this contract, the contract shall prevail, and the loan shall be an integral part of the contract.

Article 4 Interest Rate and Interest

4.1 The loan interest rate under this contract is determined to be _________ per annum. During the term of this contract, if the People's Bank of China adjusts the interest rate and the interest rate under this contract is within the prescribed adjustment range, the corresponding adjustments shall be made in accordance with the regulations of the People's Bank of China without the consent of the borrower.

4.2 The loan interest under this contract shall be based on 360 days per year, and shall be calculated based on the actual loan balance and the number of occupied days from the date of withdrawal by the borrower.

4.3 The lender collects interest on the borrower on each settlement date. The loan is due and the profit is clear.

Article 5 Prerequisites for withdrawal

5.1 Before the initial withdrawal, the borrower must submit the following files to the lender or handle the following:

5.1.1 The loan certificate is reviewed by the lender;

5.1.2 Relevant approval documents for projects built under the Loan, including project proposal approval documents, project feasibility report approval files, environmental protection approval files, land acquisition approval documents, commencement approval files, project fund commitment files, fees Right approval or intentional commitment and project funding plan;

5.1.3 Effective construction contract;

5.1.4 Effective raw material supply contract;

5.1.5 Project property insurance policy;

5.1.6 All collateralized files that are legally effective.

5.2 Before the first and each withdrawal, the borrower must meet the following conditions:

5.2.1 The security contract is legal and valid;

5.2.2 The capital and other financing of the projects under the loan under this contract have been fully paid in accordance with the prescribed time;

5.2.3 No cost overruns or cost overruns have been self-financed;

5.2.4 No breach of contract specified in this contract occurs;

5.2.5 Issue a report on the use of loans according to the prescribed purposes and relevant financial statements and materials;

5.2.6 Handling withdrawal procedures to the lender in accordance with the provisions of this contract;

5.2.7 An account has been opened in accordance with the provisions of Article 7.3.

Article 6 Withdrawals and repayments

6.1 The withdrawal period of the loan under this contract shall be from _________ years _______ month ______ to _________ year _______ month ______ day.

6.2 The loan is deducted under this contract, namely:

_________ years _________ month _________ days, withdrawal __________________ million;

_________ years _________ month _________ days, withdrawal __________________ million;

_________ years _________ month _________ days, withdrawal __________________ million;

......

6.3 If the borrower really needs to postpone the withdrawal date, the lender's consent should be obtained _______ days before the withdrawal date, and the lender's interest loss will be paid.

6.4 The lender shall release the loan within _______ banking business days after the borrower has gone through the loan formalities.

6.5 If the borrower requests cancellation of all or part of the loan that has not yet been withdrawn, the applicant shall apply to the lender before the confirmed withdrawal date or the termination date of the withdrawal period _______, and the cancellation may be made with the consent of the lender.

6.6 If the borrower fails to apply for withdrawal and does not apply for deferred withdrawal within the determined withdrawal date or withdrawal period, the lender may notify the borrower to go through the relevant procedures within 3 days; if it has not been processed within the time limit, The lender has the right to cancel the undrawn loan.

6.7 The repayment period of the loan under this contract is _________year _______ month ______ day to _________ year _______ month ______ day, _____ repayment, specific The time and amount of repayment are as follows:

Repayment date

Repayment principal amount

year month day

Ten thousand yuan

year month day

Ten thousand yuan

year month day

Ten thousand yuan

year month day

Ten thousand yuan

6.8 If the borrower fails to return the loan on time, the extension application can be submitted to the lender before the ______ bank business day of the loan maturity date. After the lender agrees, the lender and the borrower sign a renewal agreement.

6.9 The funds used by the borrower to repay the principal and interest of the loan under this contract, including but not limited to:

a. ____________ Vehicle tolls collected after the road is completed and opened to traffic;

b. __________________________________________

c. __________________________________________

6.10 If the funds listed in Article 6.9 are insufficient to return the loan, the borrower and the lender shall promptly negotiate with the borrower's any other funds to repay the principal and interest of the loan, or the guarantor shall pay off the loan.

6.11 If the borrower requests early repayment, the applicant shall submit an application to the lender before the ______ bank business day on the proposed prepayment date. After consultation with the lender, the loan may be repaid in advance. The borrower cannot re-borrow the amount repaid in advance.

6.12 If the borrower repays the loan in advance, it must be carried out on the settlement date; the principal amount shall not be less than ______ million.

6.13 If the borrower repays the loan in advance, the interest shall be calculated according to the actual number of days of use and returned together with the principal.

6.14 The principal of the borrower's early return shall be reduced in accordance with the repayment schedule specified in Article 6.7 of this contract.

6.15 If a withdrawal, repayment, and settlement date is a non-banking business day, it will be postponed to the next bank business day. If the next bank business day is the first day of the next calendar year or month, then Withdrawal and repayment date advance to the previous bank business day. If it is delayed or advanced, the interest will be increased or decreased accordingly.

Article 7 Account Supervision

7.1 In order to ensure the implementation of the rights and obligations under this contract, the Borrower hereby irrevocably entrusts the Lender to open the Borrower in accordance with Article 7.3 within the validity period of this Contract in accordance with the Bank Account Management Regulations and the provisions of this Agreement. Establish an account for supervision.

7.2 Account supervision includes:

7.2.1 Supervise the borrower's earmarking, and have the right to refuse payment for expenses not used for this project;

7.2.2 Supervise the borrower to pay the payment in the order of the prescribed amount of money;

7.2.3 The right to transfer funds directly from the sinking fund account to repay the principal and interest of the loan and other claims obtained by the lender under this contract.

7.3 The Borrower shall open and maintain the following accounts in the following institutions until the principal and interest of the loan under this contract and other claims obtained by the lender under this contract are fully paid off;

7.3.1 Open the project fund special account of ______, all the money and project capital drawn by the borrower from the lender must be deposited into the account, and the account balance shall not be lower than the reserve fee that should be retained according to the regulations. Amount drawn; funds drawn from the account can only be transferred to the basic settlement account;

7.3.2 Open in the basic settlement account of ______, the following payments received by the borrower shall be paid into the account and the funds in the account shall be used only for the expenditures specified in Article 7.4.

a. Vehicle tolls collected after the project is completed;

b. All insurance claims under this project;

c. The project contract and the liquidated damages, damages, deposits and other payments received by the borrower;

d. All other payments under this item are collected by the Borrower from any other source.

7.3.3 Opened in the ______ Sinking Fund account, the funds in the account can only be used to repay the principal and interest of the loan and the lender obtains other claims under this contract. The Borrower shall deposit the amount due in the current period on the settlement date and pay the severance period of ______ days.

7.4 The Borrower undertakes that all withdrawals and transfers from the Basic Settlement Account can only be paid in the following order:

7.4.1 Project construction period:

a. a project that is payable according to the borrower's engineering budget;

b. Interest due under this contract;

c. other expenses;

7.4.2 Project operation period:

a. The amount of interest due under this contract;

b. The principal amount due under this contract;

c. Any other amount payable to the lender under this contract;

d. Operating expenses payable according to the borrower's operating budget;

e. other expenses.

7.5 After the lender issues a notice of default, unless the borrower pays the principal and interest of the loan and other claims obtained by the lender under this contract, the borrower shall obtain the lender's prior withdrawal from all withdrawals from the account listed in Article 7.3. agree.

7.6 The lender shall not bear legal responsibility for measures such as refusal to pay and limit expenditures for the implementation of the account supervision as stipulated in this contract.

Article 8 guarantee

8.1 In order to ensure the on-time completion of the project and the timely settlement of the loan, the relevant party has provided the following guarantee to the lender:

8.1.1 During the construction period of the project, ____________ provides the lender with a financial commitment to ensure that in the event of over-expenditure of the project cost and failure to complete the entire project at the original project cost, the funds will be financed and replenished through various means until the project is completed. .

8.1.2 When the project cannot be completed on time, the borrower will transfer all the equity, such as liquidation damages and compensations, from the construction contract, the raw material supply contract and other contracts under the project to the lender.

8.1.3 The borrower pledges the ______ highway toll rights obtained in accordance with the law as a guarantee for the settlement of the debts under this contract, and promises that the pledge guarantees will not be contracted, leased, jointly operated, merged, separated, and reformed by the shareholding system. Retirement with foreign-invested joint ventures, cooperation, etc., involving changes in property rights or adjustments in business methods.

8.1.4 After the completion of the project, the repayment of the principal and interest of the loan during the repayment period shall be guaranteed by the ____________ to the lender to ensure that the borrower shall be jointly and severally liable when the borrower fails to pay off the principal and interest of the loan on time.

Article 9 Borrower's Commitment

9.1 The statements and warranties made are true and correct;

9.2 recognize and follow the lender's business systems and operational practices and the operating procedures under this contract;

9.3 use of the loan in accordance with the purposes specified in this contract and the borrower;

9.4 At the end of each financial year ______ days and ______ days after the end of each quarter, submit the financial statements for this period to the lender and ensure that they are true, complete and accurate. The year-end financial statements are subject to review and confirmation by the CPA firm;

9.5 Guaranteed funding status does not occur that is not conducive to changes in the loan under this contract;

9.6 The exchange rate risk of the project shall be borne by the borrower and take measures to prevent it from affecting the repayment of the principal and interest of the loan;

9.7 Allow the lender and its entrusted units or individuals to inspect and supervise the use of the loan and the project construction, production and operation, financial revenue and expenditure of the borrower;

9.8 When the borrower implements contractual, leasing, joint venture, merger, separation, joint-stock reform, foreign-invested joint venture, cooperation, etc., changes in property rights or adjustments of business methods involving bank creditor's rights and debts, the borrower shall not change the borrower's Negative obligations, and report to the lender before the date of the decision ______, and after the loaner has reached an agreement on the settlement or implementation of the loan;

9.9 When the borrower changes the registered capital, articles of association, legal representative and other industrial and commercial registration items, it shall notify the lender in writing within ______ days after the change;

9.10 If the borrower is involved in a major economic dispute or if the financial situation deteriorates and may endanger the security of the loan, the lender shall be notified in writing within _____ days after the incident.

9.11 The Borrower shall promptly notify the Lender of the event of default as stipulated in this contract that has occurred or will occur.

Article 10 Lender's Commitment

10.1 In accordance with the provisions of this contract, timely and full payment of loans that should be issued;

10.2 The project construction, financial revenue and expenditure, etc. of the borrower that has been informed are kept confidential according to law.

Article 11 Change, Dissolution and Transfer

11.1 The Contracting Parties shall not alter or terminate this Agreement without authorization. If it is necessary to change or cancel it, it must be agreed by both parties. The change or cancellation of the contract shall not affect the rights of the parties to claim damages; the termination of the contract shall not affect the dispute settlement provisions stipulated in this contract.

11.2 If the borrower transfers its rights and obligations under this contract, the transferee must confirm and accept all the rights and obligations of the borrower under this contract; if there is a guarantor, the guarantor's consent or A separate guarantee for the lender's satisfaction will be provided. This contract is still in force until the debtor's and the transferee's debt transfer agreement takes effect.

Article 12 Insurance

12.1 The Borrower shall, within _____ days after the commencement of this contract, apply to the insurance company approved by the lender for the project insurance under this contract. The insurance type is _______ insurance, _________ insurance, ______ insurance; the insurance balance should be equal to the total value of the items under the same item in this article; the insurance period should not be shorter than the loan period, and the insurance will be renewed according to relevant regulations until the loan is paid off. .

12.2 The insurance premium shall be borne by the borrower. The insurance policy shall be kept by the lender. The insurance policy shall be the subsidiary file of the contract; the lender shall have the right to recover from the borrower the insurance expenses and related expenses paid for the maintenance of its own interests.

12.3 In the period of validity of this contract, if the project has a loss within the scope of insurance coverage, the borrower shall deposit the insurance compensation for the proceeds into the basic settlement account specified in Article 7.3.2, and the borrower and the lender shall decide to use the project in consultation. Repair of the damaged part or prepayment of the principal and interest of the loan under this contract.

Article 13 Liability for breach of contract

13.1 If the borrower fails to withdraw the payment within the time limit, the lender shall pay the lender a penalty of ______ percent of the undrawn loan amount on a daily basis.

13.2 If the borrower fails to repay the principal and interest according to the time limit stipulated in this contract, the interest of ______ of the overdue loan shall be calculated and paid for the unpaid interest.

13.3 If the borrower fails to use the loan for the purposes specified in the contract, the lender shall charge the interest of ______ of the portion of the default.

13.4 If the borrower violates the provisions of Articles 2, 11 and 12.1 of this contract, it shall pay the lender a penalty of ______ percent of the loan amount.

13.5 If the borrower violates the provisions of Article 7.4 of this contract, it shall pay the lender a penalty of ______ percent of the misappropriation amount.

13.6 If the borrower violates the provisions of this contract and the situation is serious, causing the lender to think that it may endanger the safety of the loan, the lender has the right to cancel the loan that has not been issued, and withdraw some or all of the loans already issued in advance. If it cannot be recovered, it is deemed that the loan is overdue and interest is charged in accordance with the provisions of Article 13.2.

13.7 In the event of the circumstances specified in Article 13.6, the lender has the right to dispose of the ____________ road toll right of the pledge.

13.8 If the borrower fails to return the principal, interest, damages and damages of the loan in accordance with the provisions of this contract, the lender has the right to deduct directly from all accounts opened by the borrower at the lender and its branches.

13.9 If the lender has one of the following acts, it shall promptly correct it and pay the borrower a daily liquidated damages of ______ of the default:

13.9.1 After receiving the loan, the loan is postponed without justifiable reasons;

13.9.2 The loan is recovered in advance without any reason.

Article 14 Dispute Resolution

If a dispute arises between the borrower and the lender in the course of performing this contract, it shall be settled through consultation; if the negotiation fails.

Article 15 Communication

15.1 Any notice and communication in the performance of this contract shall be sent directly or in written form such as registered letter, fax, telegram or telex. However, if it is sent in written form other than registered mail, it shall be re-sent by registered mail within three days after the event.

15.2 All kinds of deliveries in the performance of this contract are sent by the sender.

15.3 The correspondence address of both parties to this contract shall be subject to the records in the contractor of this contract. If there is any change, the other party shall be notified immediately.

Article 16 Other

16.1 This contract shall be signed by the legal representatives or authorized agents of both parties and shall be effective after the official seal is affixed until the date on which all the payables under this contract are paid off.

16.2 Matters not covered in this contract may be agreed by both parties as an attached file of this contract and have the same legal effect as this contract.

Borrower:____________________________________

Legal representative: ________________

lender:____________________________________

Legal representative / person in charge:________________________

Subsidiary file

Industrial and Commercial Bank of China _____________ Branch:

In order to enable the _____________ highway project to be completed according to the scheduled construction period, this _____________ promises that when the project cost exceeds the originally planned fund arrangement or the funds are insufficient due to the borrower's reasons, the unit will supplement the investment or other financial institutions. Financing and any other means of providing any funds needed for the project.

If the unit cannot provide the funds required for the project and the project cannot be completed on time, the unit will repay the principal and interest of the loan unconditionally on behalf of the borrower.

This commitment is independent of the loan contract, and is not modified or changed due to the modification or change of the loan contract, nor is it invalid due to the invalidity of the loan contract.

Issuer: ___________________

__________year month day

Subsidiary file 2 guarantee letter

Industrial and Commercial Bank of China ____________ Branch:

After the guarantor completes the __________________ highway project, the borrower shall provide irrevocable joint and several liability guarantees according to the loan contract. When the borrower fails to repay the principal and interest of the loan in full on the date of repayment of the loan, the guarantor will promptly pay off the principal and interest owed by the borrower within ______ days of receiving the repayment notice of your bank. The validity period of this guarantee is two. year.

This guarantee continues to be valid when the debtor transfers the debt.

guarantor:__________________

________year month day