Lender: (hereinafter referred to as Party B)
In order to pay the foreign exchange funds needed for the project, Party A applies to Party B for a loan. Upon examination, Party B agrees to transfer the loan to Party A in accordance with the terms of the signed Foreign Loan Agreement. Party A and Party B, in accordance with relevant national laws and regulations, sign this contract on the following terms through consultation:
Article 1 The currency, project, type, amount, purpose, interest rate and term of the loan are as follows:
Currency item
kind
Amount (in words):
Government loans:
Buyer's credit:
Mixed loan:
Use:
Government loans:
Interest rate:
Buyer's credit:
Mixed loan:
Government loans:
Duration:
Buyer's credit:
Mixed loan:
Article 2 Open an account. Party A shall open a loan account and a local and foreign currency deposit account (including RMB and foreign exchange repayment reserve accounts) in Party B's business department for payment, repayment, interest payment and payment.
Article 3 The preconditions for Party A to use the loan. After meeting all the following conditions, Party A may use the loan for the purposes agreed in this contract:
1. The Foreign Loan Agreement has come into effect and payment is allowed;
2. This loan contract has come into effect;
3. The "commercial contract" signed for this "project" has been approved by relevant departments;
4. Party B has received the "Payment Schedule" and "Repayment Schedule" sent by Party A, and their purposes are specified in the "Business Contract";
5. Party A has opened relevant accounts in accordance with Article 3 of this contract.
Article 4 the purpose of the loan. When using the loan, Party A shall submit a "Payment Sheet" to Party B one working day in advance according to the payment date specified in the "Payment Schedule". Party B shall provide the loan to Party A according to the loan plan within working days after receiving the "payment form" from Party A. ..
Article 5 Sources of repayment funds. Party A shall repay the loan principal and interest and related expenses under the Contract with the following funds:
1.
2.
3.
4.
Article 6 repayment method. Party A shall repay the loan principal and interest and pay the expenses according to the repayment plan within the repayment period agreed in this contract. When Party A repays the loan, it shall deposit the same amount into the deposit account opened by Party A according to Article 3 of the Contract on the working day before each repayment of the loan principal and interest, so as to ensure timely repayment.
Article 7 Repayment currency: Party A shall repay the loan principal and interest and pay the fees in the loan currency.
Article 8 Calculation method of interest. According to the Agreement on Foreign Loans signed with, the loan interest under this Contract shall be calculated and collected in the following ways:
Article 9 Payment of expenses. The following expenses under the Contract shall be paid by Party A to Party B in the loan currency:
1. Commitment fee: according to the unused amount of the loan, it shall be paid at the annual rate of _ _% from the day after the signing of the foreign loan agreement to the date when the loan is actually used. Pay at the same time as interest on each interest payment date.
2. Management fee: _ _% of the total loan amount. Party A shall make a one-time payment through Party B within days after the signing of the foreign loan agreement.
3. Loan fee: The loan fee charged by Party B for providing this loan is _ _% per year, which shall be paid to Party B by Party A in the same way as interest.
4. The insurance expenses under the export letter of credit shall be paid by Party A to Party B in full.
5. Other expenses incurred under the "foreign loan agreement" and expenses incurred under this contract during the domestic loan period shall be paid by Party A according to the requirements of Party B. ..
Article 10 repayment guarantee. The loan principal and interest and corresponding expenses under this contract shall be guaranteed by the guarantor recognized by Party B in the form of guarantee and/or mortgage, and a Guarantee Contract and/or Mortgage Contract shall be signed separately as annexes to this contract.
Article 11 supervision and inspection. During the validity of this contract, Party B has the right to inspect and supervise the use of the loan under this contract, and Party A shall provide relevant information and materials to Party B as required.
Article 12 Insurance. Party A shall insure the risks of the equipment purchased by the loan under this contract during the period of arrival, construction and repayment. The insured amount shall not be less than the principal of all loans issued by Party B to Party A. After Party A is insured, the rights and interests under the policy shall be transferred to Party B. ..
Article 13 Modification and rescission of the contract
1. After this contract comes into effect, neither Party A nor Party B shall change or terminate this contract without authorization.
2. If Party A needs to extend the payment period agreed in this contract for special reasons, it shall apply to Party B one working day before the end of the payment period, and after Party B agrees, both parties shall go through the formalities of delaying payment. ..
3. If Party A cannot repay the loan principal and interest and expenses according to the repayment plan and needs to extend the repayment period, it shall apply to Party B three working days before the agreed repayment date, and after Party B agrees, both parties shall sign a deferred repayment agreement. ..
4. If Party A needs to prepay, it shall notify Party B in writing, and after Party B agrees, both parties shall sign an prepayment agreement.
5. If either party needs to change other terms of this contract or dissolve this contract, it shall notify the other party in writing in time and reach a written agreement through negotiation. After the termination of the contract, Party A shall pay the loan and the interest and expenses payable to Party B..
6. Before an agreement is reached on the modification and termination of the contract, the terms of this contract are still valid.
7. During the validity of this contract, if Party A changes its business mode due to contracting, leasing, merger or other reasons, it shall notify Party B at least days in advance. Party B has the right to participate in the research and signing of contracts (or agreements) such as assets verification, contracting, leasing and merger. If Party A wants to transfer the rights and obligations under this contract to the receiving unit, the newly established unit or any other third party, it shall obtain the written consent of Party B. At the same time, the transferee shall unconditionally abide by any terms of this contract and undertake all obligations of Party A under this contract.
Article 14 Liability for breach of contract
1. If Party A fails to draw down the loan according to the payment period agreed in this contract, or fails to go through the deferred payment procedures as agreed in Item 2 of Article 13 of this contract, or Party B refuses to extend the payment period after examination, it shall pay liquidated damages to Party B. If Party B fails to provide the loan according to the payment plan agreed in this contract, it shall pay liquidated damages to Party A; If it causes economic losses to Party A, and the liquidated damages are not enough to make up for the losses, it shall also be compensated. The amount of the above liquidated damages shall be calculated according to _ _ _ _ _ _ _ _ _.
2. If Party A fails to use the loan according to the purpose agreed in this contract, Party B has the right to stop issuing the loan, recover all or part of the paid amount in advance, and charge a penalty interest of% according to the regulations of the bank for the part used in violation. If Party B withdraws the loan in advance, it can directly deduct it from Party A's deposit account. If assistance from other financial institutions is needed, other financial institutions may be required to deduct it on their behalf.
3. If Party A repays the loan in advance without authorization, Party B may refuse to accept it, and pay Party B a penalty of one ten thousandth of the default amount every day; If Party B takes back the issued loan in advance without authorization, it shall pay Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. If Party A fails to repay the loan principal and interest and expenses on schedule according to the repayment plan agreed in this contract, or fails to sign a deferred repayment agreement with Party B as agreed in Item 3 of Article 13 of this contract, or fails to repay the loan principal and interest and expenses after the delay, Party B has the right to voluntarily recover the overdue loan principal and interest and expenses within a time limit. For overdue loans, Party B will charge a penalty interest of _ _% on the basis of the original interest rate according to bank regulations, and can directly deduct the principal and interest, expenses and penalty interest of overdue loans from Party A's deposit account. If other financial institutions are needed to assist in deduction, they may be required to deduct on their behalf.
5. Either Party A or Party B arbitrarily changes other terms of this contract or terminates this contract, and its behavior is invalid, and it shall pay 0.0000 ‰ of the total loan to the other party as penalty. If one party's breach of contract causes losses to the other party, and the amount of liquidated damages is insufficient to make up for it, it shall also compensate the other party for the losses suffered.
6. The statements and other materials provided by Party A to Party B are untrue, and Party B points out and refuses to correct them.