Bank of Communications loan contract
Bank of Communications loan contract text format
Loan contract
Numbering:
Borrower:
Legal representative:
Legal address:
Lender: Bank of Communications
Legal representative:
Legal address:
On the loan application submitted by the borrower on the day of the month, the lender is willing to provide fixed assets foreign exchange loans. According to the "Economic Contract Law of the People's Republic of China" and the "Debt Covenant Regulations" and the relevant business measures of the Bank of Communications, the borrowers and lenders have reached the following terms through equal consultations in order to implement the same.
The first currency, amount and duration of the loan
1.1 Borrowing currency:
1.2 Borrowing Amount: Among which interest is paid:
1.3 Borrowing period:
The term of the loan is the year, counting from the date of the first withdrawal.
Article 2 Borrowing purposes
2.1 Borrowing is limited to
2.2 The interest payment for the period is limited to pay interest for each period of the construction period.
Article 3 withdrawal
3.1 The borrower's withdrawal of the loan amount specified in Article 1 or/and the opening of the credit card must meet all the following conditions:
Proof that the project investment has been included in the national fixed asset investment plan;
Proof that the project budget funds approved by the lender have been fully implemented, including appropriations for grants and issuance of stocks and bonds; copies of various financing contracts that have been signed into force; certificates of self-owned funds have been implemented;
The “Industry and Trade Remittance Agreement” approved by the lender or other proof that the sales channel has been implemented;
A repayment guarantee approved by the lender has been submitted; the mortgage deed has been registered and notarized;
Self-raised funds have been put into use or received at the request of the lender or according to the plan;
No breach of contract listed in Section 9.1 has occurred;
other:
3.2 The withdrawal period is one month. It shall be counted from the date on which this contract is signed into force. During the withdrawal period, the borrower shall withdraw the funds according to the following plans.
┌────────────────────────────┬──────┐
│ Plan withdrawal │ Amount │
├──────┬──────┬───────┬──────┼─────┤
│ Year │ Season │月││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
└──────┴──────┴───────┴──────┴─────┘
3.3 Each year's withdrawal plan The borrower should submit the loan to the lender one month before the first withdrawal of the year.
3.4 If the annual and annual withdrawal plans are to be adjusted, they should be submitted at least fifteen days in advance and agreed by the lender.
3.5 When the borrower handles the withdrawal, it shall submit a valid loan certificate in advance of the bank's business day.
3.6 When the withdrawal period expires, the undrawn loan portion will be automatically logged out, except that the lender has agreed in writing to extend the withdrawal period.
Article 4 Interest and expenses
4.1 Borrowing interest rate.
Annual loan rate
Interest is charged once per charge, and the settlement date is.
Interest-bearing method: for three hundred and sixty days as one year, the interest is calculated based on the loan balance and the actual amount of days spent.
4.2 Commitment fee. If the borrower fails to make a loan in accordance with the quarterly withdrawal plan mentioned in Clause 3.3, and fails to notify the adjustment withdrawal plan in advance according to the provisions of Section 3.4, the withdrawal of the undrawn or super plan, The lender has the right to charge the commitment fee in one lump sum according to the unpaid or over-subscribed amount.
4.3 Management fee. The borrower shall pay the management fee to the lender at a lump sum of the contractual loan amount at the time of the first withdrawal, and the management fee shall be paid in RMB.
4.4 The borrower shall pay interest on the settlement date. If the settlement date is a non-bank business day, it shall be postponed to the next bank business day. If the loan is not paid at that time, the lender shall have the right to actively withdraw from the deposit account of the borrower. Withholding. If the deposit is insufficient to pay interest, the loan can be compounded for the unpaid interest.
4.5 All other expenses incurred in signing and performing this contract and its affiliated files shall be borne by the borrower.
4.6 In addition to the fees under Clause 4.3, all other interest and expenses are paid in the currency borrowed.
Article 5 repayment
5.1 Repayment sources are and other funds available for repayment.
5.2 The Borrower shall return the entire Borrowing Fund in the currency borrowed within the period specified in Clause 1.3. The principal of the loan shall be repaid once every six months and paid off in installments; the first repayment shall be made in the month after the first withdrawal date, and the repayment amount in each period is as follows:
┌────────────────────────┬──────────┐
│Preface │ Amount │
├────┬────┬────┬────┬────┼─────────┤
│ Ordinal │ Year │ Season │ Month ││ Currency: │
├────┼────┼────┼────┼────┼─────────┤
│ No. 1 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 2 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 3 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 4 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 5 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 6 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 7 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 8 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 9 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│10th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│11th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│12th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第13期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第14期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第15期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│16th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│17th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│18th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第19期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第20期│││││ │
└────┴────┴────┴────┴────┴─────────┘
5.3 The borrower shall not be able to repay the loan on time within the original loan term. The application for adjustment of the repayment plan shall be submitted one month before the date of the plan, and shall be implemented after the lender agrees and amends the provisions of Section 5.2. When the loan expires, the borrower is unable to return due to objective factors. At the latest, the application for extension should be submitted one month before the loan expiration date. If the lender agrees to the extension, the borrower and the lender will agree on the loan term, interest rate and repayment plan in this contract. Supplementary and revised, the interest rate of the extension loan is determined according to the corresponding interest rate of the revised period.
5.4 The borrower fails to make repayments on schedule according to the instalment repayment plan stipulated in Clause 5.2, and adjusts the repayment plan without the consent of the lender, and the lenders who have not repaid the loan have the right to repay the plan. From the first day of the day, we will add 20% interest on the original interest rate.
5.5 The borrower's early repayment shall be handled with the consent of the lender, and the lender shall be notified in advance of the bank's business day. The prepayment shall be on the settlement date and shall be in accordance with the repayment schedule listed in Article 5.2. The reverse is carried out, and it is not possible to offset the repayment that is about to expire or the next period.
Article 6 guarantee
6.1 This loan is secured by a repayment. If the borrower fails to perform, the lender may exercise the rights under the above guarantee.
6.2 During the term of this contract, the borrower unconditionally mortgages the rights under all the insurance policies under this loan mentioned in Article 8.4 to the lender. The insurance policy is the first beneficiary of the lender, the insurance policy The original is handed over to the lender and the lender has the right to participate in the fixed loss and claim work. If the borrower fails to repay the principal and interest of the loan on time, the lender will be entitled to deduct the principal and interest of the loan from the insurance compensation when the insurance compensation occurs.
Article 7 Statement and Guarantee
7.1 Borrowing the Borrower to state and warrant that:
The borrower is an independent enterprise legal person registered by the administrative department for industry and commerce, and has the qualifications and ability to perform this contract;
The Borrower has completed all the approval and authorization procedures required to sign this contract and has fulfilled its obligations under this contract;
Signing and performing this contract is not inconsistent with any contract or mortgage that binds the assets of the borrower;
All statements, information and circumstances provided by the borrower are true and accurate. Since the lender filed the loan application, the borrower's consolidated financial position has not undergone any material adverse changes or the ability of the borrower to perform its obligations under this contract;
The Borrower has not concealed any of the following events that have occurred or are about to affect the interests of the lender:
A. Major violations of law or claims; B. Unfinished litigation and arbitration events; C. Provide third party guarantees, equity and asset pledges, and various debt commitments; D. All kinds of debts and debts; E. Other major events.
7.2 The first statement and guarantee referred to in Clause 7.1 is also expressed and guaranteed by the Borrower on each date of withdrawal and on the date of payment of each interest.
Article 8 agreed matters
8.1 The Borrower shall open the local currency and/or the special account at the request of the lender. The issuance, payment, etc. under this contract shall be handled by the lender and accepted by the lender.
8.2 After the signing of this contract, the borrower shall place an order according to the plan. The import order card shall be reviewed by the lender, and a copy of the trade contract shall be submitted to the lender. The lender shall open the card and pay, and the borrower shall sign the contract after the signing of this contract. The import contract was not signed within the month, and the lender has the right to cancel the loan.
8.3 The Borrower agrees to unconditionally accept the credit supervision and inspection of the lender and provide work convenience. The lender has the right to participate in activities such as bidding, business negotiation, completion acceptance, etc., and has the right to participate in important business office meetings or board meetings of the borrower in relation to engineering construction, production and operation, planning and finance, etc., and has the right to participate in the lender's opinion that it is necessary to participate. Other major events and conferences. The borrower shall notify the lender in advance of the above important activities and meetings. The borrower shall promptly submit all kinds of important design files, statistical and accounting reports, annual reports and implementation reports, and major resolutions and decisions of the board of directors related to project construction, loan use and production and operation as required by the lender. The Borrower shall guarantee the authenticity and completeness of the above statements, and the Lender shall have the right to access the original documents and review the assets and financial status of the Borrower.
8.4 During the period of validity of this contract, during the construction and operation of the borrower, the borrower shall insure the insurance company designated by the loan in the currency of the loan to the insurance company designated by the lender. The amount of insurance shall be 110% of the original value of the property. If the original value is lower than the market price, it should be insured at the replacement price. If the borrower interrupts the insurance, the lender has the right to take the initiative to act on behalf of the insurance, and all expenses are borne by the borrower.
8.5 The Borrower shall deposit all the depreciation funds accumulatively not included in this loan and other special funds not less than % into the lender, and handle the settlement business of not less than %.
8.6 The borrower's settlement of this loan and other similar debts shall be conducted in accordance with the principle of proportional equality. If the construction funds are raised in the future for other construction projects, the borrower shall provide collateral to the lender in the same proportion. The Borrower will not enter into any contract or agreement with the third party that would harm the lender's interest under this contract or affect the ability of the borrower to perform the contract.
8.7 The following events of the borrower shall be approved in advance by the lender:
Providing a guarantee or setting a mortgage for other units with assets and income;
Sell, transfer, lease or otherwise dispose of the facilities, equipment, appliances and any other fixed assets purchased under this loan.
Article 9 Liability for breach of contract
9.1 The Borrower constitutes a default if any of the following events occurs:
The borrower failed to pay all the payables as scheduled in accordance with Articles 4 and 5;
Failure to use the loan in accordance with the provisions of Article 2;
Failure to perform and comply with any agreed matters under this contract that should be performed or complied with by the borrower, and if the above non-performance or non-compliance is not remedied or corrected within 30 days;
Any representations and warranties made by the Borrower in this Agreement, or representations and warranties in any other filings relating to this Contract, are proven to be untrue or inaccurate in any material respect when made or repeated. Or misleading;
The borrower failed to perform any other obligations in the loan and financing contract with the third party and was subject to credit sanctions;
The guarantor's loss of guarantee qualification or ability, or the present value of the collateral is reduced by more than 15% compared with the original estimate, and the borrower does not provide or supplement the new repayment guarantee as required by the lender within one month after receiving the relevant notice from the lender;
Stop project construction or production and operation;
The borrower filed for bankruptcy.
9.2 The failure of the lender to provide timely loans in accordance with the withdrawal plan constitutes a breach of contract, except for changes in national economic policies and credit policies.
9.3 If the borrower defaults, the lender has the right to immediately or simultaneously take one or more of the following measures:
Voluntary deduction of arrears from any borrower’s account in the lender;
For the breach of contract mentioned in Clause 9.1, the misappropriation part shall be subject to a 50% penalty interest on the original interest rate from the date of misappropriation, and the misappropriated loan shall be recovered within a time limit;
For the event of default as described in Clauses 9.1, 9.1, and 9.1, from the date of default, the loan balance and the number of days of default on the date of default shall be charged to the borrower for a penalty of not more than five tenths of a day until If the breach of contract is corrected, the uncorrectable behavior shall be subject to a one-time penalty of not more than three-thousandths of the amount of the loan on the date of default;
Suspend or terminate part or all of the borrower’s right to withdraw;
Declare that the principal and interest of the loan will be partially or fully expired and will be repaid within a time limit or immediately;
Any other measures that may be taken under this contract or/and by law.
All costs and losses incurred by the lender by recourse to the loan shall be the responsibility of the borrower. The borrower shall unconditionally waive the right of defense if any of the above measures are taken against the lender.
9.4 If the lender defaults, the borrower may, from the date of default, collect the liquidated damages of not more than 50,000 per day from the default amount and the number of days of default until the date of the breach of contract.
Article 10 Other matters
10.1 The loan application, the annual withdrawal adjustment plan, the loan certificate, the repayment interest certificate, the property rights mortgage contract, the agreement related to the performance of this contract, and the collection loan notice under this contract are all in this contract. The components are legally binding on both the borrower and the lender.
10.2 Any modification or supplement to this contract and its subsidiary files shall be negotiated by both parties and a supplementary clause or amendment agreement shall be made. The amendments and supplemental agreements, whether express or not, are an integral part of this contract and have laws for both borrowers and lenders. Binding and without prejudice to the legal effect of the unaltered part of this contract.
10.3 This contract is legally binding on both the borrower and the lender and their respective heirs and assigns. The lender may, in its sole discretion, transfer all or part of its rights under this contract, but shall promptly notify the borrower. The transfer of the obligations of this contract by the borrower in any form without the written consent of the lender is void.
10.4 Matters not covered in this contract shall be handled in accordance with the provisions of the lender; if there is no provision, the parties shall negotiate additional terms.
10.5 If the borrower and the lender are in dispute during the performance of this contract, they should try to resolve it through negotiation. If the negotiation fails to be satisfactorily resolved, the lawsuit shall be filed in the competent court of the lender's location.
10.6 This contract shall become effective upon signature by the legal representatives of the two parties or their authorized representatives and with the official seal, and shall expire on the date of completion of all the payables under this contract.
10.7 The original form of this contract is in the form of a copy of the loan and the guarantor.
Borrower: Lender: Bank of Communications
Signatory: Signatory:
Position: Position:
This contract is signed on the date of the month
Loan contract
Numbering:
Borrower:
Legal representative:
Legal address:
Lender: Bank of Communications
Legal representative:
Legal address:
On the application of the borrower on the day of the month, the lender is willing to provide the borrower with a capital loan. According to the "Economic Contract Law of the People's Republic of China" and the "Debt Contract Regulations" and the relevant provisions of the Bank of Communications, the borrowers and lenders have reached the following terms through equal consultations in order to comply with the implementation.
The first currency, amount and duration of the loan
1.1 Borrowing currency:
1.2 Borrowing amount:
1.3 Borrowing period:
The term of the loan is the year, counting from the date of the first withdrawal.
Article 2 Borrowing purposes
2.1 Borrowing is limited to the right investment.
Article 3 withdrawal
3.1 The borrower must withdraw all the following conditions in accordance with the loan amount specified in Article 1 before:
Proof that the investment project mentioned in Article 2 is included in the national fixed asset investment plan;
Proof of the full implementation of the project budget funds approved by the lender, including appropriations and issuance of stocks and bonds, approval of various types of financing contracts that have been signed into force; certificates of registered foreign investment or/and self-owned funds have been provided Wait;
A repayment guarantee approved by the lender has been provided; the mortgage deed has been registered and notarized;
The borrower’s self-financing registered capital has been paid in accordance with relevant regulations;
The registered capital of the foreign investment project has been paid in accordance with relevant regulations;
No breach of contract listed in Section 9.1 has occurred;
other;
3.2 The period of delivery is monthly. It shall be counted from the date on which this contract is signed into force. During the withdrawal period, the borrower shall withdraw the funds according to the following plans:
┌────────────────────────────┬──────┐
│ Plan withdrawal │ Amount │
├──────┬──────┬───────┬──────┼─────┤
│ Year │ Season │月││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
└──────┴──────┴───────┴──────┴─────┘
3.3 If the borrower needs to adjust the withdrawal plan, it should notify the lender 15 days in advance and agree with the lender. When the withdrawal period expires, the undrawn loan portion is automatically logged out.
3.4 When the borrower handles the withdrawal, it shall submit a valid loan certificate in advance of the bank's business day.
Article 4 Interest and expenses
4.1 Borrowing interest rate
Annual loan rate
Interest is charged once per bill, and the settlement date is
Interest-bearing method: for three hundred and sixty days as one year, the interest is calculated based on the loan balance and the actual amount of days spent.
4.2 Commitment fee. If the borrower fails to make a loan according to the quarterly withdrawal plan stipulated in Clause 3.2 and fails to notify the adjustment withdrawal plan in advance according to Article 3.3, the lender has the right to press the undrawn or overdrawn amount. ‰ A one-time commitment fee.
4.3 Management fee. The borrower shall pay the management fee to the lender at a lump sum of the contractual loan amount at the time of the first withdrawal, and the management fee shall be paid in RMB.
4.4 All other expenses incurred as a result of the signing and performance of this Agreement and its affiliated files are borne by the Borrower.
4.5 The borrower shall pay interest on the settlement date. If the settlement date is a non-bank business day, it will be postponed until the next bank business day. If it is not paid at that time, the lender has the right to deduct the deposit account from the borrower. If the deposit is insufficient to pay interest, the loan can be compounded for the unpaid interest.
4.6 In addition to the fees under Clause 4.3, all other interest and expenses are paid in the currency borrowed.
Article 5 repayment
5.1 The borrower shall return the loan with its own funds and other repayable funds. The dividend distribution of investment projects under this loan should be used first to return the loan.
5.2 The Borrower shall return the entire Borrowing Fund in the currency of the borrowing within the period specified in Clause 1.3. The principal of the loan shall be repaid once every six months and paid off in installments; the first repayment shall be made one month after the date of the first withdrawal, and the repayment amount of each period is as follows:
┌────────────────────────┬──────────┐
│Preface │ Amount │
├────┬────┬────┬────┬────┼─────────┤
│ Ordinal │ Year │ Season │ Month ││ Currency: │
├────┼────┼────┼────┼────┼─────────┤
│ No. 1 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 2 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 3 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 4 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 5 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 6 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 7 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 8 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 9 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│10th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│11th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│12th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第13期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第14期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第15期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│16th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│17th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│18th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第19期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第20期│││││ │
└────┴────┴────┴────┴────┴─────────┘
5.3 If the borrower fails to repay the loan on time within the original loan term, the application for adjustment of the repayment plan shall be submitted one month before the date of repayment, and shall be implemented after the lender agrees and amends the provisions of Section 5.2. When the loan expires, the borrower is unable to return due to objective factors. At the latest, the application for extension should be submitted one month before the loan expiration date. If the lender agrees to the extension, the borrower and the lender will agree on the loan term, interest rate and repayment plan in this contract. Supplementary and revised, the interest rate of the extension loan is determined according to the corresponding interest rate of the revised period.
5.4 The borrower fails to make repayments on schedule according to the instalment repayment plan stipulated in Clause 5.2, and adjusts the repayment plan without the consent of the lender, and the lenders who have not repaid the loan have the right to repay the plan. From the first day of the day, we will add 20% interest on the original interest rate.
5.5 The borrower's early repayment should be handled with the consent of the lender, and the lender should be notified in advance of the bank's business day, in advance, on the settlement date and in accordance with the repayment schedule listed in Article 5.2. In reverse order, it is not possible to offset the repayment that is about to expire or the next period.
Article 6 guarantee
6.1 This loan is secured by a repayment. If the borrower fails to perform, the lender may exercise the rights under the above guarantee.
Article 7 Statement and Guarantee
7.1 Borrowing the Borrower to state and warrant that:
The borrower is an independent enterprise legal person registered by the administrative department for industry and commerce, and has the qualifications and ability to perform this contract;
The Borrower has completed all the approval and authorization procedures required to sign this contract and has fulfilled its obligations under this contract;
All statements, information and circumstances provided by the borrower are true and accurate. Since the lender filed the loan application, the borrower's consolidated financial position has not undergone any material adverse changes or has not impaired the borrower's ability to perform its obligations under this contract;
The Borrower has not concealed any of the following events that have occurred or are about to affect the interests of the lender;
A. Major violations of law or claims; B. Unfinished litigation and arbitration events; C. Provide third party guarantees, equity and asset pledges, and various debt commitments; D. All kinds of debts and debts; E. Other major events.
7.2 The first statement and warranty referred to in Clause 7.1 is also expressed and guaranteed by the Borrower on each withdrawal date and on each interest payment date.
Article 8 agreed matters
8.1 After the borrower has paid up the capital in accordance with the provisions of the joint venture contract, it shall promptly deposit a copy of the capital contribution certificate and the registered capital verification report with the lender.
8.2 The Borrower agrees to unconditionally accept the credit check and supervision of the lender and provide work convenience, and provide the infrastructure, production, finance and other plans of the enterprise and the investment enterprise in a timely and complete manner and their implementation. Statistics, financial statements and other information.
8.3 The borrower shall use the mortgage guarantee method for other construction projects or investment projects to raise construction funds, and the borrower shall provide collateral to the lender in the same proportion. The Borrower will not enter into any contract or agreement with the third party that would impair the lender's interest under this contract or affect the borrower's ability to perform the contract.
8.4 The following events shall occur and the borrower shall obtain the consent of the lender in advance:
Providing a guarantee or setting a mortgage for other units with assets and income;
Transfer the equity of the investment under this loan in any form or set a mortgage.
Article 9 Liability for breach of contract
9.1 The Borrower constitutes a default if any of the following events occurs:
The borrower failed to pay all the payables as scheduled in accordance with Article 4 and Article 5;
Failure to use the loan in accordance with the provisions of Article 2;
Failure to perform and comply with any agreed matters under this contract that shall be performed and complied with by the borrower, if no remedy or correction is made within 30 days after the occurrence of the above non-performance or non-compliance;
Any representations and warranties made by the Borrower in this Agreement, or representations and warranties in any other filings relating to this Contract, are proven to be untrue or inaccurate in any material respect when made or repeated. Or misleading;
The borrower fails to perform any other obligations in the borrowing or financing contract with the third party and is subject to credit sanctions;
The guarantor loses the qualification or ability of the guarantee, or the present value of the collateral is reduced by more than 15% compared with the original estimate, and the borrower fails to provide or supplement the new repayment guarantee within the one month after receiving the relevant notice from the lender;
The borrower filed for bankruptcy.
9.2 The failure of the lender to make timely loans under the withdrawal plan constitutes a breach of contract, except for changes in national economic policies and credit governments.
9.3 If the borrower defaults, the lender has the right to immediately or simultaneously take one or more of the following measures:
Voluntary deduction of arrears from any borrower’s account in the lender;
For the breach of contract mentioned in Clause 9.1, the misappropriation part shall be subject to a 50% penalty interest on the original interest rate from the date of misappropriation, and the misappropriated loan shall be recovered within a time limit;
For the event of default as described in Clauses 9.1, 9.1, and 9.1, from the date of default, the loan balance and the number of days of default on the date of default shall be charged to the borrower for a penalty of not more than five tenths of a day until The day when the breach of contract is corrected; for the uncorrectable behavior, the liquidated balance of the loan on the date of default shall be charged at least one-third of the liquidated damages;
Suspend or terminate part or all of the borrower’s right to withdraw;
Declare that the principal and interest of the loan will be partially or fully expired and will be repaid within a time limit or immediately;
Any other measures that may be taken under this contract or/and by law.
All costs and losses incurred by the lender by recourse to the loan shall be the responsibility of the borrower. The borrower shall unconditionally waive the right of defense if any of the above measures are taken against the lender.
9.4 If the lender defaults, the borrower may, from the date of default, collect the liquidated damages of not more than 50,000 per day from the default amount and the number of days of default until the date of the breach of contract.
Article 10 Other matters
10.1 Any modification or supplement to this contract and its accompanying files shall be negotiated by both parties and a supplemental or modified agreement shall be entered into. The amendments and supplemental agreements, whether express or not, are an integral part of this contract and are legally binding on both the borrower and the lender, and do not in any way affect the legal effect of the unaltered part of this contract.
10.2 This contract is legally binding on both the borrower and the lender and their respective heirs and assigns. The lender may, in its sole discretion, transfer all or part of its rights under this contract, but shall promptly notify the borrower. The transfer of the obligations of the Borrower in any way under this Contract is void without the written consent of the Lender.
10.3 Matters not covered in this contract shall be handled in accordance with the provisions of the lender; if there is no provision, the parties shall negotiate additional terms.
10.4 If the borrower and the lender are in dispute during the performance of this contract, they should try to resolve it through negotiation. If the negotiation fails to be satisfactorily resolved, the lawsuit shall be filed in the competent court of the lender's location.
10.5 This contract shall become effective upon signature by the legal representatives of the two parties or their authorized representatives and with the official seal, and shall expire on the date of completion of all the payables under this contract.
10.6 The original copy of this contract, each of the borrowing and lending parties, the guarantor holds a copy.
Borrower: Lender: Bank of Communications.
Signatory: Signatory:
Position: Position:
This contract is signed on the date of the month
Loan contract
Numbering:
Borrower:
Legal representative:
Legal address:
Lender: Bank of Communications
Legal representative:
Legal address:
The lender is willing to provide the borrower with a fixed-asset foreign exchange loan on the loan application filed by the borrower on the date of the month. According to the "General Principles of the Civil Law of the People's Republic of China", the "Economic Contract Law of the People's Republic of China" and the relevant business measures of the Bank of Communications, the two parties have reached the following terms on an equal footing to implement compliance.
The first currency, amount and duration of the loan
1.1 Borrowing currency:
1.2 Borrowing amount: where interest is paid
1.3 Borrowing period:
The term of the loan is the year, counting from the date of the first withdrawal.
Article 2 Borrowing purposes
2.1 Borrowing is limited to
２．２ 備付利息款限用於支付建設期各期利息。
Loan contract
Numbering:
Borrower:
Legal representative:
Legal address:
Lender: Bank of Communications
Legal representative:
Legal address:
On the loan application submitted by the borrower on the day of the month, the lender is willing to provide fixed assets foreign exchange loans. According to the "Economic Contract Law of the People's Republic of China" and the "Debt Covenant Regulations" and the relevant business measures of the Bank of Communications, the borrowers and lenders have reached the following terms through equal consultations in order to implement the same.
The first currency, amount and duration of the loan
1.1 Borrowing currency:
1.2 Borrowing Amount: Among which interest is paid:
1.3 Borrowing period:
The term of the loan is the year, counting from the date of the first withdrawal.
Article 2 Borrowing purposes
2.1 Borrowing is limited to
2.2 The interest payment for the period is limited to pay interest for each period of the construction period.
Article 3 withdrawal
3.1 The borrower's withdrawal of the loan amount specified in Article 1 or/and the opening of the credit card must meet all the following conditions:
Proof that the project investment has been included in the national fixed asset investment plan;
Proof that the project budget funds approved by the lender have been fully implemented, including appropriations for grants and issuance of stocks and bonds; copies of various financing contracts that have been signed into force; certificates of self-owned funds have been implemented;
The “Industry and Trade Remittance Agreement” approved by the lender or other proof that the sales channel has been implemented;
A repayment guarantee approved by the lender has been submitted; the mortgage deed has been registered and notarized;
Self-raised funds have been put into use or received at the request of the lender or according to the plan;
No breach of contract listed in Section 9.1 has occurred;
other:
3.2 The withdrawal period is one month. It shall be counted from the date on which this contract is signed into force. During the withdrawal period, the borrower shall withdraw the funds according to the following plans.
┌────────────────────────────┬──────┐
│ Plan withdrawal │ Amount │
├──────┬──────┬───────┬──────┼─────┤
│ Year │ Season │月││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
└──────┴──────┴───────┴──────┴─────┘
3.3 Each year's withdrawal plan The borrower should submit the loan to the lender one month before the first withdrawal of the year.
3.4 If the annual and annual withdrawal plans are to be adjusted, they should be submitted at least fifteen days in advance and agreed by the lender.
3.5 When the borrower handles the withdrawal, it shall submit a valid loan certificate in advance of the bank's business day.
3.6 When the withdrawal period expires, the undrawn loan portion will be automatically logged out, except that the lender has agreed in writing to extend the withdrawal period.
Article 4 Interest and expenses
4.1 Borrowing interest rate.
Annual loan rate
Interest is charged once per charge, and the settlement date is.
Interest-bearing method: for three hundred and sixty days as one year, the interest is calculated based on the loan balance and the actual amount of days spent.
4.2 Commitment fee. If the borrower fails to make a loan in accordance with the quarterly withdrawal plan mentioned in Clause 3.3, and fails to notify the adjustment withdrawal plan in advance according to the provisions of Section 3.4, the withdrawal of the undrawn or super plan, The lender has the right to charge the commitment fee in one lump sum according to the unpaid or over-subscribed amount.
4.3 Management fee. The borrower shall pay the management fee to the lender at a lump sum of the contractual loan amount at the time of the first withdrawal, and the management fee shall be paid in RMB.
4.4 The borrower shall pay interest on the settlement date. If the settlement date is a non-bank business day, it shall be postponed to the next bank business day. If the loan is not paid at that time, the lender shall have the right to actively withdraw from the deposit account of the borrower. Withholding. If the deposit is insufficient to pay interest, the loan can be compounded for the unpaid interest.
4.5 All other expenses incurred in signing and performing this contract and its affiliated files shall be borne by the borrower.
4.6 In addition to the fees under Clause 4.3, all other interest and expenses are paid in the currency borrowed.
Article 5 repayment
5.1 Repayment sources are and other funds available for repayment.
5.2 The Borrower shall return the entire Borrowing Fund in the currency borrowed within the period specified in Clause 1.3. The principal of the loan shall be repaid once every six months and paid off in installments; the first repayment shall be made in the month after the first withdrawal date, and the repayment amount in each period is as follows:
┌────────────────────────┬──────────┐
│Preface │ Amount │
├────┬────┬────┬────┬────┼─────────┤
│ Ordinal │ Year │ Season │ Month ││ Currency: │
├────┼────┼────┼────┼────┼─────────┤
│ No. 1 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 2 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 3 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 4 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 5 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 6 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 7 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 8 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 9 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│10th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│11th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│12th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第13期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第14期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第15期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│16th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│17th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│18th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第19期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第20期│││││ │
└────┴────┴────┴────┴────┴─────────┘
5.3 The borrower shall not be able to repay the loan on time within the original loan term. The application for adjustment of the repayment plan shall be submitted one month before the date of the plan, and shall be implemented after the lender agrees and amends the provisions of Section 5.2. When the loan expires, the borrower is unable to return due to objective factors. At the latest, the application for extension should be submitted one month before the loan expiration date. If the lender agrees to the extension, the borrower and the lender will agree on the loan term, interest rate and repayment plan in this contract. Supplementary and revised, the interest rate of the extension loan is determined according to the corresponding interest rate of the revised period.
5.4 The borrower fails to make repayments on schedule according to the instalment repayment plan stipulated in Clause 5.2, and adjusts the repayment plan without the consent of the lender, and the lenders who have not repaid the loan have the right to repay the plan. From the first day of the day, we will add 20% interest on the original interest rate.
5.5 The borrower's early repayment shall be handled with the consent of the lender, and the lender shall be notified in advance of the bank's business day. The prepayment shall be on the settlement date and shall be in accordance with the repayment schedule listed in Article 5.2. The reverse is carried out, and it is not possible to offset the repayment that is about to expire or the next period.
Article 6 guarantee
6.1 This loan is secured by a repayment. If the borrower fails to perform, the lender may exercise the rights under the above guarantee.
6.2 During the term of this contract, the borrower unconditionally mortgages the rights under all the insurance policies under this loan mentioned in Article 8.4 to the lender. The insurance policy is the first beneficiary of the lender, the insurance policy The original is handed over to the lender and the lender has the right to participate in the fixed loss and claim work. If the borrower fails to repay the principal and interest of the loan on time, the lender will be entitled to deduct the principal and interest of the loan from the insurance compensation when the insurance compensation occurs.
Article 7 Statement and Guarantee
7.1 Borrowing the Borrower to state and warrant that:
The borrower is an independent enterprise legal person registered by the administrative department for industry and commerce, and has the qualifications and ability to perform this contract;
The Borrower has completed all the approval and authorization procedures required to sign this contract and has fulfilled its obligations under this contract;
Signing and performing this contract is not inconsistent with any contract or mortgage that binds the assets of the borrower;
All statements, information and circumstances provided by the borrower are true and accurate. Since the lender filed the loan application, the borrower's consolidated financial position has not undergone any material adverse changes or the ability of the borrower to perform its obligations under this contract;
The Borrower has not concealed any of the following events that have occurred or are about to affect the interests of the lender:
A. Major violations of law or claims; B. Unfinished litigation and arbitration events; C. Provide third party guarantees, equity and asset pledges, and various debt commitments; D. All kinds of debts and debts; E. Other major events.
7.2 The first statement and guarantee referred to in Clause 7.1 is also expressed and guaranteed by the Borrower on each date of withdrawal and on the date of payment of each interest.
Article 8 agreed matters
8.1 The Borrower shall open the local currency and/or the special account at the request of the lender. The issuance, payment, etc. under this contract shall be handled by the lender and accepted by the lender.
8.2 After the signing of this contract, the borrower shall place an order according to the plan. The import order card shall be reviewed by the lender, and a copy of the trade contract shall be submitted to the lender. The lender shall open the card and pay, and the borrower shall sign the contract after the signing of this contract. The import contract was not signed within the month, and the lender has the right to cancel the loan.
8.3 The Borrower agrees to unconditionally accept the credit supervision and inspection of the lender and provide work convenience. The lender has the right to participate in activities such as bidding, business negotiation, completion acceptance, etc., and has the right to participate in important business office meetings or board meetings of the borrower in relation to engineering construction, production and operation, planning and finance, etc., and has the right to participate in the lender's opinion that it is necessary to participate. Other major events and conferences. The borrower shall notify the lender in advance of the above important activities and meetings. The borrower shall promptly submit all kinds of important design files, statistical and accounting reports, annual reports and implementation reports, and major resolutions and decisions of the board of directors related to project construction, loan use and production and operation as required by the lender. The Borrower shall guarantee the authenticity and completeness of the above statements, and the Lender shall have the right to access the original documents and review the assets and financial status of the Borrower.
8.4 During the period of validity of this contract, during the construction and operation of the borrower, the borrower shall insure the insurance company designated by the loan in the currency of the loan to the insurance company designated by the lender. The amount of insurance shall be 110% of the original value of the property. If the original value is lower than the market price, it should be insured at the replacement price. If the borrower interrupts the insurance, the lender has the right to take the initiative to act on behalf of the insurance, and all expenses are borne by the borrower.
8.5 The Borrower shall deposit all the depreciation funds accumulatively not included in this loan and other special funds not less than % into the lender, and handle the settlement business of not less than %.
8.6 The borrower's settlement of this loan and other similar debts shall be conducted in accordance with the principle of proportional equality. If the construction funds are raised in the future for other construction projects, the borrower shall provide collateral to the lender in the same proportion. The Borrower will not enter into any contract or agreement with the third party that would harm the lender's interest under this contract or affect the ability of the borrower to perform the contract.
8.7 The following events of the borrower shall be approved in advance by the lender:
Providing a guarantee or setting a mortgage for other units with assets and income;
Sell, transfer, lease or otherwise dispose of the facilities, equipment, appliances and any other fixed assets purchased under this loan.
Article 9 Liability for breach of contract
9.1 The Borrower constitutes a default if any of the following events occurs:
The borrower failed to pay all the payables as scheduled in accordance with Articles 4 and 5;
Failure to use the loan in accordance with the provisions of Article 2;
Failure to perform and comply with any agreed matters under this contract that should be performed or complied with by the borrower, and if the above non-performance or non-compliance is not remedied or corrected within 30 days;
Any representations and warranties made by the Borrower in this Agreement, or representations and warranties in any other filings relating to this Contract, are proven to be untrue or inaccurate in any material respect when made or repeated. Or misleading;
The borrower failed to perform any other obligations in the loan and financing contract with the third party and was subject to credit sanctions;
The guarantor's loss of guarantee qualification or ability, or the present value of the collateral is reduced by more than 15% compared with the original estimate, and the borrower does not provide or supplement the new repayment guarantee as required by the lender within one month after receiving the relevant notice from the lender;
Stop project construction or production and operation;
The borrower filed for bankruptcy.
9.2 The failure of the lender to provide timely loans in accordance with the withdrawal plan constitutes a breach of contract, except for changes in national economic policies and credit policies.
9.3 If the borrower defaults, the lender has the right to immediately or simultaneously take one or more of the following measures:
Voluntary deduction of arrears from any borrower’s account in the lender;
For the breach of contract mentioned in Clause 9.1, the misappropriation part shall be subject to a 50% penalty interest on the original interest rate from the date of misappropriation, and the misappropriated loan shall be recovered within a time limit;
For the event of default as described in Clauses 9.1, 9.1, and 9.1, from the date of default, the loan balance and the number of days of default on the date of default shall be charged to the borrower for a penalty of not more than five tenths of a day until If the breach of contract is corrected, the uncorrectable behavior shall be subject to a one-time penalty of not more than three-thousandths of the amount of the loan on the date of default;
Suspend or terminate part or all of the borrower’s right to withdraw;
Declare that the principal and interest of the loan will be partially or fully expired and will be repaid within a time limit or immediately;
Any other measures that may be taken under this contract or/and by law.
All costs and losses incurred by the lender by recourse to the loan shall be the responsibility of the borrower. The borrower shall unconditionally waive the right of defense if any of the above measures are taken against the lender.
9.4 If the lender defaults, the borrower may, from the date of default, collect the liquidated damages of not more than 50,000 per day from the default amount and the number of days of default until the date of the breach of contract.
Article 10 Other matters
10.1 The loan application, the annual withdrawal adjustment plan, the loan certificate, the repayment interest certificate, the property rights mortgage contract, the agreement related to the performance of this contract, and the collection loan notice under this contract are all in this contract. The components are legally binding on both the borrower and the lender.
10.2 Any modification or supplement to this contract and its subsidiary files shall be negotiated by both parties and a supplementary clause or amendment agreement shall be made. The amendments and supplemental agreements, whether express or not, are an integral part of this contract and have laws for both borrowers and lenders. Binding and without prejudice to the legal effect of the unaltered part of this contract.
10.3 This contract is legally binding on both the borrower and the lender and their respective heirs and assigns. The lender may, in its sole discretion, transfer all or part of its rights under this contract, but shall promptly notify the borrower. The transfer of the obligations of this contract by the borrower in any form without the written consent of the lender is void.
10.4 Matters not covered in this contract shall be handled in accordance with the provisions of the lender; if there is no provision, the parties shall negotiate additional terms.
10.5 If the borrower and the lender are in dispute during the performance of this contract, they should try to resolve it through negotiation. If the negotiation fails to be satisfactorily resolved, the lawsuit shall be filed in the competent court of the lender's location.
10.6 This contract shall become effective upon signature by the legal representatives of the two parties or their authorized representatives and with the official seal, and shall expire on the date of completion of all the payables under this contract.
10.7 The original form of this contract is in the form of a copy of the loan and the guarantor.
Borrower: Lender: Bank of Communications
Signatory: Signatory:
Position: Position:
This contract is signed on the date of the month
Loan contract
Numbering:
Borrower:
Legal representative:
Legal address:
Lender: Bank of Communications
Legal representative:
Legal address:
On the application of the borrower on the day of the month, the lender is willing to provide the borrower with a capital loan. According to the "Economic Contract Law of the People's Republic of China" and the "Debt Contract Regulations" and the relevant provisions of the Bank of Communications, the borrowers and lenders have reached the following terms through equal consultations in order to comply with the implementation.
The first currency, amount and duration of the loan
1.1 Borrowing currency:
1.2 Borrowing amount:
1.3 Borrowing period:
The term of the loan is the year, counting from the date of the first withdrawal.
Article 2 Borrowing purposes
2.1 Borrowing is limited to the right investment.
Article 3 withdrawal
3.1 The borrower must withdraw all the following conditions in accordance with the loan amount specified in Article 1 before:
Proof that the investment project mentioned in Article 2 is included in the national fixed asset investment plan;
Proof of the full implementation of the project budget funds approved by the lender, including appropriations and issuance of stocks and bonds, approval of various types of financing contracts that have been signed into force; certificates of registered foreign investment or/and self-owned funds have been provided Wait;
A repayment guarantee approved by the lender has been provided; the mortgage deed has been registered and notarized;
The borrower’s self-financing registered capital has been paid in accordance with relevant regulations;
The registered capital of the foreign investment project has been paid in accordance with relevant regulations;
No breach of contract listed in Section 9.1 has occurred;
other;
3.2 The period of delivery is monthly. It shall be counted from the date on which this contract is signed into force. During the withdrawal period, the borrower shall withdraw the funds according to the following plans:
┌────────────────────────────┬──────┐
│ Plan withdrawal │ Amount │
├──────┬──────┬───────┬──────┼─────┤
│ Year │ Season │月││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
├──────┼──────┼───────┼──────┼─────┤
│││ ││ │
└──────┴──────┴───────┴──────┴─────┘
3.3 If the borrower needs to adjust the withdrawal plan, it should notify the lender 15 days in advance and agree with the lender. When the withdrawal period expires, the undrawn loan portion is automatically logged out.
3.4 When the borrower handles the withdrawal, it shall submit a valid loan certificate in advance of the bank's business day.
Article 4 Interest and expenses
4.1 Borrowing interest rate
Annual loan rate
Interest is charged once per bill, and the settlement date is
Interest-bearing method: for three hundred and sixty days as one year, the interest is calculated based on the loan balance and the actual amount of days spent.
4.2 Commitment fee. If the borrower fails to make a loan according to the quarterly withdrawal plan stipulated in Clause 3.2 and fails to notify the adjustment withdrawal plan in advance according to Article 3.3, the lender has the right to press the undrawn or overdrawn amount. ‰ A one-time commitment fee.
4.3 Management fee. The borrower shall pay the management fee to the lender at a lump sum of the contractual loan amount at the time of the first withdrawal, and the management fee shall be paid in RMB.
4.4 All other expenses incurred as a result of the signing and performance of this Agreement and its affiliated files are borne by the Borrower.
4.5 The borrower shall pay interest on the settlement date. If the settlement date is a non-bank business day, it will be postponed until the next bank business day. If it is not paid at that time, the lender has the right to deduct the deposit account from the borrower. If the deposit is insufficient to pay interest, the loan can be compounded for the unpaid interest.
4.6 In addition to the fees under Clause 4.3, all other interest and expenses are paid in the currency borrowed.
Article 5 repayment
5.1 The borrower shall return the loan with its own funds and other repayable funds. The dividend distribution of investment projects under this loan should be used first to return the loan.
5.2 The Borrower shall return the entire Borrowing Fund in the currency of the borrowing within the period specified in Clause 1.3. The principal of the loan shall be repaid once every six months and paid off in installments; the first repayment shall be made one month after the date of the first withdrawal, and the repayment amount of each period is as follows:
┌────────────────────────┬──────────┐
│Preface │ Amount │
├────┬────┬────┬────┬────┼─────────┤
│ Ordinal │ Year │ Season │ Month ││ Currency: │
├────┼────┼────┼────┼────┼─────────┤
│ No. 1 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 2 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 3 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 4 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 5 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 6 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ Issue 7 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 8 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│ No. 9 │││││ │
├────┼────┼────┼────┼────┼─────────┤
│10th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│11th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│12th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第13期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第14期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第15期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│16th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│17th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│18th │││││ │
├────┼────┼────┼────┼────┼─────────┤
│第19期│││││ │
├────┼────┼────┼────┼────┼─────────┤
│第20期│││││ │
└────┴────┴────┴────┴────┴─────────┘
5.3 If the borrower fails to repay the loan on time within the original loan term, the application for adjustment of the repayment plan shall be submitted one month before the date of repayment, and shall be implemented after the lender agrees and amends the provisions of Section 5.2. When the loan expires, the borrower is unable to return due to objective factors. At the latest, the application for extension should be submitted one month before the loan expiration date. If the lender agrees to the extension, the borrower and the lender will agree on the loan term, interest rate and repayment plan in this contract. Supplementary and revised, the interest rate of the extension loan is determined according to the corresponding interest rate of the revised period.
5.4 The borrower fails to make repayments on schedule according to the instalment repayment plan stipulated in Clause 5.2, and adjusts the repayment plan without the consent of the lender, and the lenders who have not repaid the loan have the right to repay the plan. From the first day of the day, we will add 20% interest on the original interest rate.
5.5 The borrower's early repayment should be handled with the consent of the lender, and the lender should be notified in advance of the bank's business day, in advance, on the settlement date and in accordance with the repayment schedule listed in Article 5.2. In reverse order, it is not possible to offset the repayment that is about to expire or the next period.
Article 6 guarantee
6.1 This loan is secured by a repayment. If the borrower fails to perform, the lender may exercise the rights under the above guarantee.
Article 7 Statement and Guarantee
7.1 Borrowing the Borrower to state and warrant that:
The borrower is an independent enterprise legal person registered by the administrative department for industry and commerce, and has the qualifications and ability to perform this contract;
The Borrower has completed all the approval and authorization procedures required to sign this contract and has fulfilled its obligations under this contract;
All statements, information and circumstances provided by the borrower are true and accurate. Since the lender filed the loan application, the borrower's consolidated financial position has not undergone any material adverse changes or has not impaired the borrower's ability to perform its obligations under this contract;
The Borrower has not concealed any of the following events that have occurred or are about to affect the interests of the lender;
A. Major violations of law or claims; B. Unfinished litigation and arbitration events; C. Provide third party guarantees, equity and asset pledges, and various debt commitments; D. All kinds of debts and debts; E. Other major events.
7.2 The first statement and warranty referred to in Clause 7.1 is also expressed and guaranteed by the Borrower on each withdrawal date and on each interest payment date.
Article 8 agreed matters
8.1 After the borrower has paid up the capital in accordance with the provisions of the joint venture contract, it shall promptly deposit a copy of the capital contribution certificate and the registered capital verification report with the lender.
8.2 The Borrower agrees to unconditionally accept the credit check and supervision of the lender and provide work convenience, and provide the infrastructure, production, finance and other plans of the enterprise and the investment enterprise in a timely and complete manner and their implementation. Statistics, financial statements and other information.
8.3 The borrower shall use the mortgage guarantee method for other construction projects or investment projects to raise construction funds, and the borrower shall provide collateral to the lender in the same proportion. The Borrower will not enter into any contract or agreement with the third party that would impair the lender's interest under this contract or affect the borrower's ability to perform the contract.
8.4 The following events shall occur and the borrower shall obtain the consent of the lender in advance:
Providing a guarantee or setting a mortgage for other units with assets and income;
Transfer the equity of the investment under this loan in any form or set a mortgage.
Article 9 Liability for breach of contract
9.1 The Borrower constitutes a default if any of the following events occurs:
The borrower failed to pay all the payables as scheduled in accordance with Article 4 and Article 5;
Failure to use the loan in accordance with the provisions of Article 2;
Failure to perform and comply with any agreed matters under this contract that shall be performed and complied with by the borrower, if no remedy or correction is made within 30 days after the occurrence of the above non-performance or non-compliance;
Any representations and warranties made by the Borrower in this Agreement, or representations and warranties in any other filings relating to this Contract, are proven to be untrue or inaccurate in any material respect when made or repeated. Or misleading;
The borrower fails to perform any other obligations in the borrowing or financing contract with the third party and is subject to credit sanctions;
The guarantor loses the qualification or ability of the guarantee, or the present value of the collateral is reduced by more than 15% compared with the original estimate, and the borrower fails to provide or supplement the new repayment guarantee within the one month after receiving the relevant notice from the lender;
The borrower filed for bankruptcy.
9.2 The failure of the lender to make timely loans under the withdrawal plan constitutes a breach of contract, except for changes in national economic policies and credit governments.
9.3 If the borrower defaults, the lender has the right to immediately or simultaneously take one or more of the following measures:
Voluntary deduction of arrears from any borrower’s account in the lender;
For the breach of contract mentioned in Clause 9.1, the misappropriation part shall be subject to a 50% penalty interest on the original interest rate from the date of misappropriation, and the misappropriated loan shall be recovered within a time limit;
For the event of default as described in Clauses 9.1, 9.1, and 9.1, from the date of default, the loan balance and the number of days of default on the date of default shall be charged to the borrower for a penalty of not more than five tenths of a day until The day when the breach of contract is corrected; for the uncorrectable behavior, the liquidated balance of the loan on the date of default shall be charged at least one-third of the liquidated damages;
Suspend or terminate part or all of the borrower’s right to withdraw;
Declare that the principal and interest of the loan will be partially or fully expired and will be repaid within a time limit or immediately;
Any other measures that may be taken under this contract or/and by law.
All costs and losses incurred by the lender by recourse to the loan shall be the responsibility of the borrower. The borrower shall unconditionally waive the right of defense if any of the above measures are taken against the lender.
9.4 If the lender defaults, the borrower may, from the date of default, collect the liquidated damages of not more than 50,000 per day from the default amount and the number of days of default until the date of the breach of contract.
Article 10 Other matters
10.1 Any modification or supplement to this contract and its accompanying files shall be negotiated by both parties and a supplemental or modified agreement shall be entered into. The amendments and supplemental agreements, whether express or not, are an integral part of this contract and are legally binding on both the borrower and the lender, and do not in any way affect the legal effect of the unaltered part of this contract.
10.2 This contract is legally binding on both the borrower and the lender and their respective heirs and assigns. The lender may, in its sole discretion, transfer all or part of its rights under this contract, but shall promptly notify the borrower. The transfer of the obligations of the Borrower in any way under this Contract is void without the written consent of the Lender.
10.3 Matters not covered in this contract shall be handled in accordance with the provisions of the lender; if there is no provision, the parties shall negotiate additional terms.
10.4 If the borrower and the lender are in dispute during the performance of this contract, they should try to resolve it through negotiation. If the negotiation fails to be satisfactorily resolved, the lawsuit shall be filed in the competent court of the lender's location.
10.5 This contract shall become effective upon signature by the legal representatives of the two parties or their authorized representatives and with the official seal, and shall expire on the date of completion of all the payables under this contract.
10.6 The original copy of this contract, each of the borrowing and lending parties, the guarantor holds a copy.
Borrower: Lender: Bank of Communications.
Signatory: Signatory:
Position: Position:
This contract is signed on the date of the month
Loan contract
Numbering:
Borrower:
Legal representative:
Legal address:
Lender: Bank of Communications
Legal representative:
Legal address:
The lender is willing to provide the borrower with a fixed-asset foreign exchange loan on the loan application filed by the borrower on the date of the month. According to the "General Principles of the Civil Law of the People's Republic of China", the "Economic Contract Law of the People's Republic of China" and the relevant business measures of the Bank of Communications, the two parties have reached the following terms on an equal footing to implement compliance.
The first currency, amount and duration of the loan
1.1 Borrowing currency:
1.2 Borrowing amount: where interest is paid
1.3 Borrowing period:
The term of the loan is the year, counting from the date of the first withdrawal.
Article 2 Borrowing purposes
2.1 Borrowing is limited to
２．２ 備付利息款限用於支付建設期各期利息。
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