借款合同中英文、英文版借款合同

借款合同中英文、英文版借款合同 [一 : 英文版借款合同] 借款人: borrower: 贷款人: lender: 抵押人: mortgagor: 保证人: surety : 出质人: pledgeor: 为明确各方权利和义务，根据《合同法》、《贷款通则》和其他有关法律、法规，订立本合同。 this contract is made in line with the contract law of the people’s republic of china and the general provisions of loans of the people’s bank of china to specify the rights and obligations of parties involved. 借 贷 条 款 loan borrowing clause 第一条 借款金额。见36.1 article 1. amount of loan: refer to 36.1 第二条 借款用途。见36.2 article 2. purpose of loan: refer to 36.2 第三条 借款期限。 article 3. life of loan 3(1见36(3。 3.1 refer to 36.3 3(2借据或贷款凭证是本合同不可分割的组成部分。借款的实 际放款日和还款日以借款 人、贷款人双方办理的借据或凭证上所记载的日期为准。除日期 外，借据或凭证其他记载事项 如与本合同不一致的，以本合同为准。 3.2 a certificate of indebtedness or a loan voucher is an integral part of this contract. the date of advance and payment due date shall follow the date specified on the certificate of indebtedness or loan voucher . where there is any inconsistency between the stipulations on the certificate of indebtedness or loan voucher and the terms and conditions on this contract except date, the latter shall prevail. 第四条 借款划付。在借款人办妥借款手续后5个营业日内将全 部款项划至借款人指定的账户，划付次数、时间、金额见 36(4 。 第五条 article 4 transferring of loan. the full amount of loan shall be transferred to an account designated by the borrower within 5 working days from the date of completing borrowing procedure. refer to 36.4 for the frequency, time and amount of transferring 第五条 借款利率和计息。 article 5. interest rate of loan and calculation 5(1借款利率。本合同项下借款利率根据国家有关规定，确定 利率见36(5 。遇利率调整时，借款期限在1年(含)以下的，执 行合同利率，不分段计息;借款期限在1年以上的，实行分段计 息，从利率调整的次年1月1日开始，按相应利率的档次执行新 的利率;如借款人未按约定时间归还借款本息或未按合同约定用 途使用借款，贷款人将按国家规定对借款人计收罚息，罚息率见 36(6。 5.1 interest rate of loan: the interest rate under this contract is specified in 36.5 in line with relevant rules. in case of change of interest rate, the interest rate stipulated in the contract shall prevail for loans with a life of less than or equal to one year; for loans with a life exceeding one year, the interest shall be calculated on a multi-stage basis, i.e. from next jan. 1st following the adjustment of interest rate, the new rate shall prevail. in case the borrower fails to repay the principal and interest before the due date, or fails to use the loan for purposes as agreed in this contract, the lender shall be entitled to collect default interest in line with relevant rules. the default interest rate is specified in 36.6. 5(2遇利率调整时，实行分段计息的，贷款人有权根据国家有 关规定自行调整，不另行借款人。 5.2 in case of calculating interest on multi-stage basis due to adjustment of interest rate, the lender shall be entitled to adjust the interest rate on his own without further notice to the borrower. 第六条 还款方式。 article 6 type of repayment of loan 6(1借款人应在贷款人开设帐户，户名和帐号见 36(7 ，并保 证在每次还款日前足额存入当期应还款项的存款。借款人在此授 权贷款人从借款人该帐户中扣收借款本金、利息和可能发生的复 利、罚息、违约金、保费、损害赔偿金及实现债权的费用(含律师 费和诉讼费)。如该帐户资产不足以归还到期的贷款本息，贷款人 有权从借款人在中国工商银行任何分支机构开立的任何帐户划 收。 6.1 the borrower should open an account with the lender( the account name and account number are specified in 36.7.) and promise to deposit sufficient money for repayment before each due date. the borrower hereby authorizes the lender to collect , if any, compound interest, default interest, liquidated damage, premium, compensation and expenses arising from the realization of creditors right (including lawyers fee and court expense)in addition to due principal and interest of loan. in case the asset in this account is not enough for repayment of due principal and interest, the lender shall be entitled to collect from any account opened by the borrower with any branch of icbc. 6(2贷款人与借款人双方商定，自贷款发放次月起，借款人按 月归还贷款本息(一次性还本付息除外)，还款期数及还款方式见 36(8 。 6.2 the borrower shall repay the principal and interest on a monthly basis (except repaying principal and interest in a lump sum) from the second month following the issuing of loan , as agreed between the borrower and lender. the repayment tenors and type are specified in 36.8. 6(3借款期间遇利率调整，如执行本合同5(1条实行分段计息 的，对借款期限在1年以上的，应从利率调整的次年1月1日开 始根据未偿还借款余额和剩余还款期数进行调整，重新计算还款 金额。 6.3 in case of multi-stage calculation of interest as specified in 5.1 due to adjustment of interest rate during the life of loan, the repayment amount for loans with a life exceeding one year shall be recalculated on the basis of balance of unpaid loan and the rest of repayment tenor from next jan. 1st following the adjustment of interest rate. 6(4借款人提前归还贷款须经贷款人面同意，，提前归还部分 的利息仍按本合同约定的利率和该部分实际使用天数计算。 6.4 repayment of the loan ahead of schedule by the borrower shall be subject to written consent from the lender. the interest of prepaid amount should be calculated on the basis of rate specified in this contract and actual days. 第七条 担保方式。本合同的担保人及担保方式见 36(9。具体 约定由本合同中相应的担保条款确足。 article 7 guaranty type. the guarantor and guaranty type under this contract is specified in 36.9. the specific stipulations are stated in corresponding guaranty clauses. 第八条 借款人的权利、义务。 article 8 rights and obligations of the borrower. 8(1借款人的权利: 8.1 rights of the borrower. 按本合同约定的期限和用途取得和使用借款; obtain and use the loan for the period and purposes as agreed in this contract. [二 : 银行借款合同(中英文)] 银行借款合同 (中英文) Loan Borrowing Contract 借款人:Borrower: 贷款人:Lender: 抵押人:Mortgagor: 保证人:Surety : 出质人:Pledgeor: 为明确各方权利和义务，根据《合同法》、《贷款通则》和其他有关法律、法规，订立本合同。 This Contract is made in line withthe Contract Law of the People’s Republic of China and The GeneralProvisions of Loans of the People’s Bank of China to specify therights and obligations of parties involved. 借 贷 条 款 Loan BorrowingClause 第一条 借款金额 Article 1. Amount ofloan: 第二条 借款用途 Article 2. Purpose ofloan: 第三条 借款期限 Article 3. Life ofloan 3(2借据或贷款凭证是本合同不可分割的组成部分。借款的实 际放款日和还款日以借款人、贷款人双方办理的借据或凭证上所 记载的日期为准。除日期外，借据或凭证其他记载事项如与本合 同不一致的，以本合同为准。 3.2 A certificate of indebtedness ora loan voucher is an integral part of this Contract. The date ofadvance and payment due date shall follow the date specified on thecertificate of indebtedness or loan voucher . Where there is anyinconsistency between the stipulations on the certificate ofindebtedness or loan voucher and the Terms and Conditions on thisContract except date, the latter shall prevail. 第四条 借款划付Article 4 Transferringof loan. 借款人办妥借款手续后5个营业日内将全部款项划至借款人指 定的账户，划付次数、时间、金额见 。 The full amount of loan shall betransferred to an Account designated by the Borrower within 5working days from the date of completing borrowing procedure. Referto 36.4 for the frequency, time and amount oftransferring 第五条 借款利率和计息 Article 5. Interestrate of loan and calculation 5(1借款利率。本合同项下借款利率根据国家有关规定，确定 利率见。遇利率调整时，借款期限在1年(含)以下的，执行合同利 率，不分段计息;借款期限在1年以上的，实行分段计息，从利 率调整的次年1月1日开始，按相应利率的档次执行新的利率; 如借款人未按约定时间归还借款本息或未按合同约定用途使用借 款，贷款人将按国家规定对借款人计收罚息，罚息率见 。 5.1 Interest rate of loan: Theinterest rate under this Contract is specified in 36.5 in line withrelevant rules. In case of change of interest rate, the interestrate stipulated in the Contract shall prevail for loans with a lifeof less than or equal to one year; For loans with a life exceedingone year, the interest shall be calculated on a multi-stage basis,i.e. From next Jan. 1st following the adjustment of interest rate,the new rate shall prevail. In case the Borrower fails to repay theprincipal and interest before the due date, or fails to use theloan for purposes as agreed in this Contract, the lender shall beentitled to collect default interest in line with relevant rules.The default interest rate is specified in 36.6. 5(2遇利率调整时，实行分段计息的，贷款人有权根据国家有 关规定自行调整，不另行通知借款人。 5.2 In case of calculating intereston multi-stage basis due to adjustment of interest rate, the lendershall be entitled to adjust the interest rate on his own withoutfurther notice to the Borrower. 第六条 还款方式 Article 6 Type ofRepayment of Loan 6(1借款人应在贷款人开设帐户，户名和帐号见 36(7，并保 证在每次还款日前足额存入当期应还款项的存款。借款人在此授 权贷款人从借款人该帐户中扣收借款本金、利息和可能发生的复 利、罚息、违约金、保费、损害赔偿金及实现债权的费用(含律师 费和诉讼费)。如该帐户资产不足以归还到期的贷款本息，贷款人 有权从借款人在中国工商银行任何分支机构开立的任何帐户划 收。 6.1 The Borrower should open anaccount with the Lender( The account name and account number arespecified in 36.7.) and promise to deposit sufficient money forrepayment before each due date. The Borrower hereby authorizes theLender to collect , if any, compound interest, default interest,liquidated damage, premium, compensation and expenses arising fromthe realization of creditor’ s right (including lawyer’s fee andcourt expense)in addition to due principal and interest of loan. Incase the asset in this Account is not enough for repayment of dueprincipal and interest, the Lender shall be entitled to collectfrom any Account opened by the Borrower with any branch ofICBC. 6(2贷款人与借款人双方商定，自贷款发放次月起，借款人按 月归还贷款本息(一次性还本付息除外)，还款期数及还款方式见 36(8。 6.2 The Borrower shall repay theprincipal and interest on a monthly basis (Except repayingprincipal and interest in a lump sum) from the second monthfollowing the issuing of loan , as agreed between the Borrower andLender. The repayment tenors and type are specified in36.8. 6(3借款期间遇利率调整，如执行本合同5(1条实行分段计息 的，对借款期限在1年以上的，应从利率调整的次年1月1日开 始根据未偿还借款余额和剩余还款期数进行调整，重新计算还款 金额。 6.3 In case of multi-stagecalculation of interest as specified in 5.1 due to adjustment ofinterest rate during the life of loan, the repayment amount forloans with a life exceeding one year shall be recalculated on thebasis of balance of unpaid loan and the rest of repayment tenorfrom next Jan. 1st following the adjustment of interestrate. 6(4借款人提前归还贷款须经贷款人书面同意，，提前归还部分 的利息仍按本合同约定的利率和该部分实际使用天数计算。 6.4 Repayment of the loan ahead ofschedule by the Borrower shall be subject to written consent fromthe Lender. Th,)e interest of prepaid amount should be calculated onthe basis of rate specified in this Contract and actualdays. 第七条 担保方式 Article 7 Guarantytype. 本合同的担保人及担保方式见 36(9。具体约定由本合同中相应 的担保条款确足。 The Guarantor and guaranty type underthis Contract is specified in 36.9. The specific stipulations arestated in corresponding guaranty clauses. 第八条 借款人的权利、义务Article 8 Rightsand obligations of the Borrower. 8(1借款人的权利: 8.1 Rights of theBorrower. 按本合同约定的期限和用途取得和使用借款; Obtain and use the loan for theperiod and purposes as agreed in this Contract. [三 : 英文涉外借贷合同] loan contract contract number: _____________ borrower: ________________ address: _________________ lender: __________________ address: _________________ in accordance with provisions of contract law of the peoples republic of china and bank of china, after reviewing the status and the request of the borrower, the lender agrees to grant the borrower a line of credit on . the borrower, lender and guarantor, through friendly negotiation, have executed this contract as follows: article 1 currency, amount and term of the loan: 1. the currency under this loan is reiminbi. 2. the line of the loan is yuan. 3. the period of this loan is 12 months from the date of effectiveness of this contract. article 2 the purpose of the loan: 1. the purpose of this loan is used for working capital turnover. 2. without written approval of the lender, the borrower could not use the loan out of the scope of the purpose. article 3 interest rate and calculation of interest: 1. interest rate: the interest rate shall be [***] during the loan term, if the countrys related authority adjusted the interest rate or the manner of calculation of interest, the interest of this contract shall be adjusted accordingly after one year from the date of execution of this contract. the adjustment shall be conducted when the interest rate are executed one year.it is not obliged to inform the borrower when the adjustment of interest. 2. the interest shall be calculated from the date of first drawdown and the actual days the borrower use. one year shall be calculated as 360 days. 3. the payment of interests: the borrower shall pay the interests per quarter. the payment date shall be , and. if the payment for the last installment is not on the payment date,the interests shall deduct the interest from the bank account of the borrower. in the event that the borrower fails to pay the interests on time and the balance of the account of the borrower is not enough for the payment of interest, the lender shall have rights to collect a penalty being [***] of the outstanding amount per day for the borrowers breach of contract. article 4 overdue interests and misusing interests 1. if the borrower fails to repay the loan and can not reach a agreement with the lender regarding the extension, the lender shall collect an overdue penalty for [***] of the overdue amount per day. 2. if the borrower fails to uses the loan in accordance with the provisions set forth in this contract, the lender shall have right to charge a interests for the misusing part at a rate of [***] per day. article 5 account the borrower shall open reiminbi basic account and/or foreign currency account at the lender or lenders branch for the use of draw-down, repayment,payment of interests and fees. article 6 draw-down 1. the loan under this contract is revolving, the balance of this contract shall not more than the line of credit. 2. the borrower shall send a draw-down application as the form herein attached in this contract 7 days before the date of draw-down. 3. the borrower shall not draw the loan less than 1 million. article 7 conditions for draw-down the following conditions shall be satisfied in advance of the draw-down date: 1. the borrower has opened foreign account and reiminbi account at the office of the lender or the branch of the lender; 2. this contract and the appendices have been effective; 3. the borrower has provided the recognition of the investment or certificate of the investment to the lender; 4. the borrower has provided the board resolution and power of attorney regarding this loan contract; 5. the borrower has provided the list and the signature sample of the authorized person who empower to sign this contract and documents; 6. the guaranty under this contract has been effective; 7. the borrower has been satisfied the warrants under article 11 of this contract; 8. the other requirement for the draw-down have been satisfied. article 8 repayment plan and prepayment 1. the borrower shall repay the loan in accordance with the status of its cash. the borrower shall inform the lender the payment amount and date [***] prior to make the payment. the borrower shall be obliged to repay the principal and related interests on due date without any condition. 2. the payment made by the borrower and the deduction from the account of the borrower shall be used for repaying the interest at first and then for repaying the principal. 3. in the event the borrower fails to repay the loan, the lender shall have rights to deduct the debt from the bank account of the borrower at the lender or empower the branches of the lender to deduct the debt from the bank account of the borrower at the lenders branches; 4. the installment of repayment shall not less than 1 million. article 9 debt certificate the lender shall keep record in the lenders account for the principal,interests and fees and other fees of the borrower under this contract; the above mentioned record and the documentation for the draw-down, repayment and payment of interest is the certificates of the debts between the borrower and the lender. article 10 guaranty 1. (the ‘guarantor’) shall be the guarantor for the loan under this contract and take jointly liabilities. 2. during the term of this contract, if the guarantors financial status become deteriorated or the liabilities for repayment of debts become weak, the lender shall have right to request the borrower changes guarantor orprovide mortgage and pawn secured for this loan under this contract. article 11 representations and warranties i. the borrowers represents and warrants as follows: 1. the borrower is a company duly organized and validly existing under the law of the peoples republic of china and has the power and authority to own its property to consummate the transactions contemplated in this contract and join the litigation. the borrower has the power to handle it assets used in operation. 2. the borrower is at its option to sign and perform this contract.it is the borrowers true meaning and has the power to sign this contract and it is not breach it article of association or regulations or contracts. the procedure for signature and performance of this contract has been gone through and fully effectiveness. 3. the all documents, materials, reports and certificates provided to the lender by the borrower for consummation of this contract is true, real, compete and effective 4. the borrower shall not conceal the following events which is being happened or have been happened which will cause the lender refuse to extend the loan: (1) the borrower or the principal executives of the borrower involve in material events which breach regulations, laws or compensation to others; (2) pending actions and arbitration; (3) the borrowers debts or proposed debts or liens and other encumbrances; (4) the other matters will impact the financial status or abilities of repayment for the debts; (5) the borrower breached contract which is between the borrower and other creditors. ii. the borrower hereby warrants as follows: 1. using the capital of the loan as usage set forth in this contract, the borrower will not use the loan as equity investment; the borrower will not use the capital of the loan invest in security, future, real estate etc. the borrower will not lend to the others privately or involving other maters which is prohibited by the country. the borrower will not misusing or appropriation of the loan. 2. making payment and related expenses in accordance with the provisions set forth in this contract; 3. providing updated financial statement or financial bulletin every quarter; providing the audited financial report at the first quart of each year; providing operation report, financial report or other files and materials and shall warrant the reality, correct and effectiveness for the files and materials; 4. any anti-guaranty or other similar documents will not make any impact on the rights and benefits of the lenders; 5. accepting the supervision of the lender, provides assistance and cooperation for the lenders supervisions; 6. will not reduce the registration capital; prior approval from the lender shall be required when the borrower changes of shareholders and operation manner(including but not limited to joint venture, cooperation, jointly cooperation; dissolution, closedown, liquidation, transformation; merger; change to share company, use the housing, machinery or other real assets or trademark, intellectual property, knowhow, landing using rights or other intangible assets to invest in share company or investment company, trading of operation right or own right by contracting, joint operation, trusteeship) 7. the borrower shall inform the lender and warrants the liability under its security will not more than net assets of the borrower when the borrower guarantee for other party or mortgage its assets. the borrower warrants that will not dispose the assets which will make adverse impact on its ability of paying debts. 8. the borrower will not pay the other similar loans prior to the lender; 9. the borrower warrants to inform the lender immediately when the following events occurred: (1) the event of breach of contract under this contract or other loan or guaranty contracts between the borrower and any branches of bank of china or other banks, non-bank financial organization; (2) the borrower changes shareholders or revise the article of association; (3) the borrower suffer difficulties and bad result in financial and operation; (4) the borrower involves in material actions or arbitration; 10. the borrower shall keep sufficient balance for repayment prior [***] to the due date. 11. the borrower shall keep its bank transactions regarding income collection, sell foreign currency or buy foreign currency ect. shall be conducted at the lender or other branches of the lender. the turn-over for the capital shall satisfy the demand of the lender; iii. the borrowers representations and warrants hereunder this contract shall be effective even though any mendment, supplements or revised to be made to this contract. article 12 representations and warrants of the lender i. the lender represents and warrants as follows: 1. the lender is a state-owned commercial bank or branch duly organized and validly existing under the law of p.r.c and approved by the industry and commercial administration and holds the financial institutions legal person licenses and financial institutions operation license to be qualified to operate financial business. 2. the lender has taken all necessary action to authorize the execution of this contract and performance of its obligations under this contract. the lender is duly authorized to extend this loan. ii. the lender warrants as follows: 1. the lender shall extend the loan in accordance with the provisions set forth in this contract. 2. collect interests in accordance with the regulations of the peoples bank. article 13 events of breach contract and settlement: i. settlement of the borrower breach of contract 1. event of breach of contract: (1) the borrower fails to use the loan in accordance with the agreed usage of the loan; (2) the borrower fails to repay the due principal and pay the interests, expenses or other payable in accordance with the agreed term of this contract; (3) the borrower breaches the representation and warrants set forth in article 11. (4) the borrower breaches other loan agreements or guaranty agreements or the guarantor breach the guaranty agreement which may make impact the borrower to perform the obligations under this contract. (5) conclusive evidence to show that the borrower lose the capacity of credit or during performance of the obligation under this contract, the financial conditions of the guarantor are seriously deteriorating or other reasons caused the guarantor the capacity of credit decline. (6) the borrower breaches the other obligations under this contract. 2. under the above circumstances, the lender shall have right to: (1) request the borrower to rectify within the period designed by the lender; (2) cease in extending the loan or cancel the credit; (3) declare the loan under this contract is due and the lender shall have right to deduct the outstanding amount from the account of the borrower. the borrower shall not appeal against the lender. (4) declare the loan is due under other loan agreements between the lender and the borrower, request the borrower to repay the loan principals, interests, and other expenses. ii. the settlement for the lender breach of the contract 1. the lender fails to extend the loan as agreed in this contract without any reasons; 2. the lender breaches the agreed interest rate and collection add interests or other fees; 3. the lender breaches the provisions set forth in article 12; 4. under the above circumstances, the borrower shall have right to: (1) request the lender to rectify; (2) repay the loan ahead of time and refuse to pay any compensation for prepayment. article 14 deduction the borrower shall pay in full for the payment without any counteraction or any condition. article 15 assignment of the debt and credit 1. the borrower shall not assign its right and liability under this contract to other third party without any written approval of the lender; 2. in the event the borrower assign its right and liability under this contract to other third party under the written consent of the lender, the third party shall abide this contract without any condition. article 16 performance of obligation and waiver of rights 1. the borrower is independent contractor under this contract, it will not impact by any other relations between the borrower with other party except the other provisions set forth in this contract. 2. the lender give any extension, toleration, favor to the borrower or permit the borrower to delay of performance any obligation under this contract shall not impair any rights of the lender in accordance with this contract and laws, regulation, it shall be deemed to have waived its rights under this contract and the obligation shall be performed by the borrower under this contract. article 17 amendment, supplement and interpretation of the contract 1. this contract could be amended and supplemented upon the written agreements conclude by the parties. any a amendment and supplement shall be integral party of this contract. 2. in the event change of laws, regulations or legal practice which will cause any terms contained in this contract become illegal, invalid or loss of practice, the other part of this contract shall not be impaired by it. the both parties shall make efforts to change the illegal, invalid or loss of practice part. 3. for the matters not referred in this contract shall be construed in accordance with the provisions of the peoples bank of china. article 18 dispute resolution, governing law and waiver of exemption 1. the conclusion, interpretation and dispute resolution shall be subject to the laws of the peoples republic of chin. the disputes arising from the execution of this contract shall be settled through friendly consultation by both parties. in case no settlement can be reached, the disputes shall be submitted to the peoples court of the location of the lender for judgment. 2. the borrower shall not reject any obligation during the settlement of disputes. 3. the execution and performance of this contract and the related transaction is civil behavior. the borrower shall not appeal to take action to exempt from the obligation under this contract. (if both parties agree to apply arbitration, the above term shall be:) 1. the conclusion, interpretation and dispute resolution shall be subject to the laws of the peoples republic of chin. the dispute arising from the execution of this contract shall be settled through friendly consultation by both parties. in case no settlement can be reached, the disputes shall be submitted to china international economic and trade arbitration commission for arbitration. 2. the arbitration shall be conducted in accordance with the arbitration law of peoples republic of china and provisional rules of procedure of china international economic and trade arbitration commission. 3. during the arbitration, this contract shall be effective and the borrower shall not disclaim the any obligations under this contract. 4. the execution and performance of this contract and the related transaction is civil behavior. the borrower shall not appeal to take action to exempt from the obligation under this contract. article 19 other matter agreed by the parties. article 20 appendices the following appendices shall be integral part of this contract: 1. draw-down application 2. _______________________ article 21 notice 1. any notice, payment notice or telecommunications shall be forwarded to the following address: to: the borrower: _________________ address: ______________________ post code: ____________________ fax: __________________________ to: the lender: ___________________ address: ______________________ post code: ____________________ fax: __________________________ 2. if any change of address shall inform the other party immediately. 3. any notice, payment request or communication shall be forwarded to the above address. the dates on which notices shall be deemed to have been effectively given shall be determined as follows: (1) if given in letter it shall be deemed effectively given on the fifth day after the date mailed by registered airmail, postage prepaid; (2) if given by telex it shall be deemed effectively given on the date the other party returned the information; (3) if given by facsimile it shall be deemed effectively given on the first date of transmission; (4) if given by personal delivery it shall be deemed effectively given on the date of personal delivery; this contract become effective after signed by the authorized representatives of both parties until the loan and the interests and other related expenses be cleared up. this contract is executed in _____ original and be equally authentic.each of the borrower, the lender shall hold ____ copy. borrower: ______________ lender: ________________ date:___________________