A joint debtor who actually undertakes more debts than the share agreed in the contract has the right to recover the excess from other joint debtors within the scope of its unfulfilled share, and shall enjoy the rights of creditors accordingly, but shall not harm the interests of creditors. So do you know what the current contract is like? I am here to share some loan contracts between enterprises, hoping to help you.
Inter-enterprise loan contract 1 Party A (lender): _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (Borrower): _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Based on the principles of equality, voluntariness, honesty and credibility, Party A and Party B reach this contract through consultation and guarantee to abide by it together.
1. Loan amount: Party B borrows RMB (in words) _ _ _ _ _ _ _ (in figures: _ _ _ _ _ _) from Party A. ..
Two. The purpose of the loan is _ _ _ _.
Three. Loan interest: the loan interest rate is _ _ _ _ _ _% of the monthly interest.
Four. Loan Term: the loan term is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B shall issue a receipt after receiving the loan. The receipt issued by Party B is an annex to this contract and has the same legal effect as this contract.
Verb (abbreviation of verb) Party A transfers the loan to Party B's account.
Borrower's user name: _ _ _ _ _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Warranty clause of intransitive verb:
1. The borrower must use the loan for the purposes specified in the loan contract, and shall not use it for other purposes or engage in illegal activities. Otherwise, Party A has the right to require Party B to repay the loan principal and interest immediately, and the legal consequences arising therefrom shall be borne by Party B. ..
2. The borrower must repay the principal and interest within the time limit stipulated in the contract. For the overdue part, the borrower has the right to recover the loan within a time limit.
3. Party B's repayment guarantor (Party C) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Seven. responsibility for breach of contract
1. If Party B fails to repay the loan according to the provisions of this contract, Party B shall bear the liquidated damages, attorney fees, legal fees, travel expenses and other expenses arising from litigation.
2. If Party B fails to use the loan according to the purposes specified in this contract, Party A has the right to recover the loan at any time, and requires Party B to bear the liability for breach of contract of _ _ _% of the total loan.
3. When Party A thinks that the repayment ability of the borrower has been or may be affected, it has the right to recover the loan in advance, and the borrower shall return it in time. The borrower and the guarantor shall not defend for any reason.
Eight. Settlement of contract disputes: disputes arising during the performance of this contract shall be settled through friendly negotiation by both parties or mediation by a third party. If negotiation or mediation fails, a lawsuit may be brought to the people's court where Party A is located according to law.
Inter-enterprise loan contract 2 Lender:
Borrower:
In order to develop the production base of export commodities, increase foreign exchange income and establish a joint venture (cooperative enterprise), the borrower applies to the lender for a joint equity loan. In accordance with the Regulations on Loan Contracts promulgated by the State Council, both parties enter into this Contract through consultation and abide by the following terms.
I. Loan amount
The maximum loan amount under this contract is RMB.
Ten thousand yuan.
Second, the loan term.
The loan term under this contract starts from September 19.
year
moon
From January to September
year
moon
Day stop.
Three. Purpose of loan
The loan under this contract is limited to the borrower's investment capital and the built (cooperative) factory.
Four. Loan interest rate and interest collection
1. Monthly interest under this contract.
‰ (30 days a month).
2. During the loan period, if the People's Bank of China or the head office of China Bank adjust the loan interest rate, the interest rate agreed in this contract will be adjusted accordingly.
3. The loan interest under this contract shall be collected quarterly, and the 20th of the last month of each quarter shall be the interest settlement date.
4. The loan interest shall be collected by the lender from the special fund deposit account or other account opened by the borrower in the lender and its branches on the interest settlement date, or the borrower shall remit the interest to the account designated by the lender three working days before the interest settlement date.
Verb (abbreviation for verb) loan granting
1. The borrower shall use the loan listed in this contract according to the use time listed in the loan application. If there is any change, the consent of the lender shall be obtained in advance.
2. If the borrower fails to apply to the lender to change the withdrawal time and obtain the consent of the lender, part or all of the unused loan amount exceeding the use time listed in the loan application form shall be deemed to be automatically cancelled, and the unused amount shall not be withdrawn again.
3. When borrowing money, the borrower shall submit the relevant loan voucher to the lender three working days before the actual loan date, and the lender will issue the loan accordingly.
An intransitive verb repays a loan.
1. The loan under this contract shall be repaid according to the repayment plan listed in the application. If the borrower cannot repay the loan on time due to objective reasons, it shall apply to the lender for an extension, and the repayment can be postponed only after the lender agrees.
2. The borrower shall repay the loan with the pre-tax profit of the joint venture invested by the loan.
Seven. Loan guarantee letter
1. The borrower uses the enterprise's own depreciation, production development fund and other enterprise funds as repayment guarantee. If the borrower fails to repay the loan within the contract period, the lender has the right to deduct it from the borrower's special fund account.
2. The loan under this contract is made by
An unconditional and irrevocable letter of guarantee as a guarantee for repayment of the loan.
Eight. Breach of contract and its handling
(1) breach of contract
When one or more of the following circumstances occur to the borrower, it constitutes a breach of contract.
(1) The borrower cannot repay the loan according to the repayment plan listed in the application.
(2) The borrower fails to use the loan for the specified purpose.
(3) The joint venture invested by the borrower is "closed, stopped, merged or transferred" for any reason during the loan period, or both parties to the joint venture (cooperation) terminate.
(4) Other breach of contract by the borrower.
(2) Handling of breach of contract
If the borrower constitutes the breach of contract mentioned in the preceding paragraph, the lender has the right to deal with it in accordance with one or more of the following terms.
(1) notify the borrower in writing, inform him of the breach of contract, and instruct him to take effective measures to correct the breach within a time limit.
(2) For the misappropriated loan that the borrower fails to use according to the specified purposes, the interest of 100% shall be increased on the basis of the interest rate agreed in this contract.
(3) If the borrower fails to repay the loan within the specified time limit, the lender will charge 30% interest on the overdue loan based on the interest rate specified in this contract.
(4) Stop paying all the money under this contract or the unused loan balance.
(5) To recover part or all of the loan principal and interest under this contract in advance, the lender shall take the initiative to deduct it from the borrower's special fund account, or adopt other recourse methods that the lender deems necessary.
(6) claim all or part of the outstanding loan principal and interest under this contract from the guarantor.
Nine. Entry into force, modification and termination of the contract
1. This contract shall come into effect after being signed and sealed by both the borrower and the lender, and shall automatically become invalid after the loan principal and interest are fully paid off.
2. Except for the reasons of loan default, any party of the borrower or lender who wants to change or terminate the contract shall obtain the consent of the other party. This contract shall remain valid until both parties reach an agreement through negotiation.
3. If the relevant national regulations on which this contract is based change, both parties to the contract shall modify, change or terminate it accordingly.
X. others
1. The loan application for the loan project under this contract is an inseparable annex to this contract, and the clauses listed therein have the same legal effect as the relevant clauses under this contract.
2. The borrower promises to provide the lender with relevant plans, statistics, financial and accounting statements and other relevant materials on a monthly basis.
3. In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, both parties agree to arbitration by an arbitration commission (if both parties have not agreed on an arbitration institution in this contract and have not reached a written arbitration agreement afterwards, they may bring a lawsuit to the people's court).
Official Seal of Borrower:
Official Seal of Lender:
Signature and seal of the person in charge:
Signature and seal of the person in charge:
Date of signing:
Signing place:
Article 3 Pledgee (Party A) of inter-enterprise loan contract:
Pledger (Party B):
In view of the fact that Party B owns _ _ _ _ _ _ _% equity in the Company (hereinafter referred to as the "Target Company") according to law, in order to ensure repayment, Party B intends to pledge the above equity to Party A, and Party A agrees to the above pledge. For this reason, both parties have reached the following pledge agreement on Gu's rights:
Article 1 parties
1. Party B holds _ _ _ _ _ _ _ shares of the target company, accounting for _ _ _ _ _% of the total shares of the target company.
2. The target company has been approved and registered by the administrative department for industry and commerce according to law. The registered capital of the company is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 Contents of Pledge
Party B legally owns _ _ _ _ _ _% of the gu rights in the target company, and Party B intends to pledge the above gu rights to Party A as a repayment guarantee for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 pledge registration
Party A and Party B agree to go through the pledge registration or pledge registration with the equity registration authority of the target company in a mutually agreed way after this agreement comes into effect.
Article 4 Representations, Warranties and Agreements of Party B
Party B hereby makes the following statements, warranties and agreements to Party A:
1. Party B is the legal owner of _ _ _% equity of the target company, and has the power, right and ability to pledge and/or transfer the above equity to Party A according to this agreement;
2. Party B has not established any pledge or other guarantee for the security interests to be pledged and/or transferred under this Agreement;
3. Party B promises to pay off its debts to Party A before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The relevant departments of Party B have the responsibility to urge the target company to take all necessary actions and perform all necessary procedures to ensure that Party A obtains the gu rights transferred under this agreement and becomes one of the gu owners of the target company.
Article 5 Breach of Contract and Compensation
Any party who violates any provision of this agreement or fails to fully undertake its obligations under this agreement in time shall constitute a breach of contract. The observant party has the right to require the defaulting party to correct the breach of contract by written notice, and take adequate, effective and timely measures to eliminate the consequences of breach of contract and compensate the observant party for the losses suffered by the defaulting party.
Article 6 Dispute settlement
1. For any dispute under this Agreement or related to this Agreement or its interpretation, both parties agree to try their best to settle the dispute through friendly negotiation.
2. If both parties fail to settle the dispute satisfactorily within 30 days after one party notifies the other party of the dispute in writing, either party has the right to submit the dispute to a competent court for adjudication.
Article 7 Modification of this Agreement
The modification of this agreement can only be made in writing and signed by both parties to this agreement.
Article 8 Entry into Force and Text
This agreement shall come into effect as of the date when both parties sign and seal and complete the registration procedures mentioned in Article 3 of this agreement.
Article 9 Other agreements
This agreement was signed on _ _ _ _ _ _. Party A and Party B each hold one copy, and the other copy is used for pledge registration.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 of the Inter-enterprise Loan Contract: _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _
Department in charge: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ Borrower Manager: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Loan bank manager: _ _ _ _ _ _ _ _ Date of contract signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Corporate borrower: _ _ _ _ _ _ _ _ Lender: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The borrower applies to the lender for a loan for enterprise technological transformation, and the lender agrees to issue it after examination. In order to clarify the responsibilities and abide by the credit, both parties shall abide by the following terms in addition to implementing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. Loan amount: RMB (in words) ten thousand Yuan only.
Two. Purpose of the loan: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Three. The loan term is from _ _ _ to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * _ _ _ _ _ _. The Lender guarantees to provide funds in accordance with relevant regulations and the following payment plans, and to use and repay the funds in accordance with the following payment plans and repayment plans:
Payment plan:
Repayment plan:
4. Loan interest: calculated at% of monthly interest, settled quarterly, and deducted by the lender from the borrower's account. The loan interest during the construction period shall be paid by the borrower within the scope of its own funds. If the loan cannot be repaid according to the annual repayment plan stipulated in this contract, it will be deemed overdue and interest will be charged at _ _ _%. During the validity period of this contract, if the interest rate changes according to the national policy, the loan interest rate of this contract will be adjusted accordingly.
Verb (abbreviation of verb) The source of funds for loan repayment is agreed by both parties according to the relevant provisions of the state: the borrower provides guarantee for repayment of loan principal and interest by means of mortgage or third-party guarantee. The mortgage (or guarantee) agreement is attached to this contract.
Six, when the loan expires, the borrower fails to pay off the principal and interest, and the guarantee unit shall repay it within three months after receiving the repayment notice from the lender. If it is not returned after three months, the lender may directly deduct it from the investment and deposit of the borrower or the guarantee unit; If a mortgage is provided, the mortgaged property can be sold to repay the loan.
Vii. If it is necessary to change the terms of the contract, both parties shall sign the change contract documents as an integral part of this contract after consultation.
Eight. The Lender guarantees to pay the loan funds in time according to the provisions of this Contract. If the Lender fails to provide funds on time due to its responsibility, the Lender shall calculate the default amount according to the default amount and the number of days of delay, and pay it to the Borrower at 20% of the loan interest rate agreed in the Contract.
Nine, the lender has the right to inspect and supervise the use of loans, to understand the borrower's business management, plan implementation, financial activities, material inventory and so on. The borrower guarantees to provide relevant statistics, accounting statements, account books and materials in time. If it is found that the loan has been used for other purposes, the lender shall charge the borrower _ _ _% as the penalty, and have the right to stop issuing the loan or recover the loan within a time limit.
In the process of project construction, if the continued performance of this contract may cause losses to the Lender due to changes in the construction project, or it no longer meets the loan conditions agreed in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
During the validity period of this contract, if the borrower changes its mode of operation due to contracting, leasing or merger, it must notify the lender to participate in the whole process of research, drafting and signing of assets verification and contracting, leasing and merger contracts, and implement the relationship between creditor's rights and debts in accordance with relevant state regulations.
X this contract shall come into force from the date of signing until the date of full repayment of the loan principal and interest. If the Borrower fails to handle the account opening formalities with the Lender within _ _ _ days after the Contract comes into effect, the Contract will automatically become invalid.
XI。 After opening an account, the borrower needs to transfer the funds from the loan account to the deposit account according to the payment plan, and the borrower uses the loans in the deposit account according to the funds allocated by installments.
If the borrower fails to transfer the funds into the deposit account on schedule, the lender will transfer the funds within _ _ _ days after the time limit.
12. This contract is in triplicate, with the Borrower, the Lender and the Guarantor each holding one copy, and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Borrower: _ _ _ _ _ (seal) Lender: _ _ _ _ _ _ (seal)
Legal representative: _ _ _ _ _ (signature) Legal representative: _ _ _ _ _ _ (signature)
Guarantor: _ _ _ _ _ (seal) Notary: _ _ _ _ _ (seal)
Legal representative: _ _ _ _ _ (signature) Notary: _ _ _ _ _ _ (signature)
The fifth contract of inter-enterprise loan contract: Party A (borrower): ID number: Tel: loan collateral (higher than the market price)
Party B (Lender): ID number: Tel:
Guarantor: ID number of secured loan collateral: Tel:
In accordance with the Contract Law, General Principles of Civil Law and other laws and regulations, Party A and Party B have reached the following agreement on loan on the basis of equality, voluntariness and consensus:
1. Party A is from the date of the month to the date of the month. Borrow RMB Yuan only from Party B (in words: RMB Yuan only); In case of overdue, Party A will pay Party B 50% higher than the original interest rate (), and both parties have no objection to this.
Two. Party A has paid the above loan interest to Party B at the same time when both parties sign this Agreement, and there is no other evidence; The residual interest is in.
Three. The conclusion of the Contract: the following payee name provided by Party A:, payee bank name:, payee bank card number: is the value date (the borrower shall bear the risk of transferring the loan by borrowing other bank accounts).
4. Any dispute arising from the performance of this Agreement shall be settled through negotiation; If negotiation fails, it shall be submitted to the court for ruling.
5. Expenses arising from the settlement of disputes in this Agreement, including but not limited to investigation fees, legal fees and attorney fees, shall be borne by the losing party.
Termination of the intransitive verb contract: Party B takes back the loan.
Seven. Repayment method: repayment period: months. Pay off the loan principal (in words:) next month until the principal is fully paid off. The repayment date is month, day, and a late fee is charged every day. If the repayment is not made in accordance with Article 4 of the Contract for two consecutive periods, the repayment shall be remitted to account number:, name: and bank:.
Eight, the handling fee is charged at the time of lending.
Nine. This Agreement is made in duplicate (two pages in duplicate), each party holds one copy, which has the same legal effect.
X. The deposit is RMB Yuan only. If there is no payback period or default, the deposit will be refunded on the expiration date of this contract.
Signature of Lender (Party B): Signature of Borrower (Party A):
Person in charge: Signature of loan guarantor:
Or authorized agent: signature and seal of loan guarantor:
Date of signature: year month date of signature: