An international lending agreement is an important legal document that clarifies the rights and obligations of both parties. Although the specific content and terms it contains vary depending on the type of loan, there are still quite a few terms. ***The same thing. Like other international economic contracts, international lending agreements also consist of three parts, namely the header, the body and the tail. The first part of the agreement generally states the names, legal addresses, and legal representatives of the borrower and lender; the principles and basic basis for the contract, the purpose of the contract, and the time and place of the contract (sometimes placed at the end of the agreement). The end of the agreement mainly includes the signatures of the legal representatives or authorized signatories of the borrower and the lender; the name of the attachment, etc. The main text is the core content of the international lending agreement, and the basic terms are as follows: This article mainly stipulates the method of loan repayment, early repayment and other matters. In practice, there are the following loan repayment methods:
(1) One-time repayment of principal and interest upon maturity.
(2) Repay the principal and interest in installments from the date the loan is withdrawn.
When choosing this method, the number of installments (usually repaid annually), the time of repayment, the amount of each repayment, the calculation of interest, etc. should be specified. Lenders are more willing to accept installment repayment, which can reduce loan risks. Prepayment refers to the borrower's behavior of repaying the loan before the repayment period is due. Prepayment may be beneficial to the borrower and disadvantageous to the lender under certain circumstances, so whether early repayment is allowed and the conditions for early repayment should be clearly stipulated. In project loans, the lender relies on the income obtained after the project is put into production as the source of repayment. If the project is completed early, the lender will be more guaranteed to repay. Therefore, if the borrower completes the project early, he should repay the loan early. The lender Generally no restrictions are imposed. Some other loans often stipulate that the borrower is allowed to repay in advance. Even if early repayment is allowed, most of them stipulate that the amount of early repayment should include interest on the amount of early repayment. Some also require the borrower to compensate the lender for early repayment. Losses caused by changes in interest rates will be compensated. The representation and warranty clause mainly states the statements and representations made by the borrower regarding its legal status, contracting qualifications, contracting ability, financial and business status, repayment ability, etc., and promises and guarantees their authenticity. If the borrower violates the above guarantees , shall bear liability for breach of contract. The lender has the right to exercise the following rights in response to different situations of such default by the borrower:
(1) Treat representation and warranty terms as a prerequisite for the performance of each loan obligation. If the borrower's representations and warranties are inconsistent with the facts, the lender has the right to terminate the loan.
(2) The right to release or cancel loans that have not yet been disbursed or declare loans that have been disbursed due.
In international lending agreements, the main purpose of unilaterally requiring borrowers to provide representations and guarantees is to protect the rights of the lender and reduce the lender's loan risks. This article mainly stipulates the composition of a breach of contract, the liability for breach of contract, the remedies that the non-defaulting party can take, the determination of force majeure, etc. Any situation where the borrower and the lender are unable to perform the loan agreement in whole or in part due to reasons other than force majeure will constitute a breach of contract. For example, the borrower cannot repay the principal and interest when due, the representations and warranties are untrue, violates the agreed matters, violates other terms of the loan agreement, etc.; the lender cannot provide all or part of the loan, the lender cannot provide the loan on time, etc. In addition, there is the possibility of prior default or expected default by the borrower or lender, such as the borrower losing its ability to repay, the borrower's assets being expropriated or devalued or damaged, the borrower defaulting on other creditors continuously or multiple times, etc.; the lender Declaration of bankruptcy or inability to provide loans, the lender's assets being expropriated, etc. If after the signing of the loan agreement and before the performance period arrives, the defaulting party expressly expresses or fully judges from its behavior that it will not be able to perform the loan agreement in whole or in part, it constitutes a prior breach of contract. For early default, the non-defaulting party has the right to take preventive measures in advance to avoid losses, such as suspending the performance of the loan agreement.
After a breach of contract occurs, the non-defaulting party has the right to take the following measures based on the nature and severity of the breach: (1) Suspension of the borrower's withdrawal of the loan; (2) Cancellation of the loan that has not yet been Loans withdrawn;
(3) Declaring the loan to be immediately due;
(4) Demanding damages;
(5) Demanding actual performance;
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(6) Request to terminate all contracts;
(7) The lender holding the borrower's deposit will offset the borrower's deposit with the outstanding loan principal and interest or his compensation when the borrower defaults ;
(8) Require the payment of default interest, etc. Other clauses mainly focus on the specific circumstances of the loan agreement and clarify matters that are not specified in the above clauses of the agreement to prevent omissions or imperfections.
The above are the most basic terms of the international lending agreement. In actual business, since each loan has its own characteristics and the parties involved in the loan are different, the content of the agreement is far more detailed and complex than the above terms.