Loan contract is a form of economic contract. That is, the lender will deliver the money to the borrower for use, and the borrower will return a certain amount of money and interest to the lender on schedule in accordance with relevant regulations, and determine the rights and obligations between them. In order to ensure their own safety, the lender requires the borrower's financial status (especially its liquidity) to be at least as good as when signing the loan contract. The clauses listed in the loan contract to safeguard the interests of the lender are called protective clauses. The loan contract itself only means that the lender has the legal right to take action when the borrower violates the terms of the contract. Otherwise, the lender will be bound by its promised loan terms and will not take corrective measures before the contract expires.
Second, the reasons for restricting the use of the loan: First, if the borrower uses the loan for illegal purposes and violates the prohibitive norms of national laws and administrative regulations, the loan contract is invalid. Even if the lender is not aware of this illegal use when using the loan, once the lender knows this illegal use, it must stop the borrower from continuing to withdraw money. Secondly, restricting the use of loans is to ensure the source of repayment funds. If the loan is not used according to the agreed purpose, the borrower may lose the repayment ability due to improper operation. In addition, the internal operating policies of lending banks may have restrictions on the industries or departments that issue loans, and government regulations and decrees sometimes have similar provisions. Finally, restricting the use of loans may also be because it involves the interests of third parties. For example, in export credit projects, the use of loans is limited to specific payment targets.
Three, the borrower should use the loan in accordance with the agreed purposes, and shall not be used for illegal purposes. The purpose of the loan agreed in the loan contract shall not violate the provisions of the state on restricting business, franchising and laws and administrative regulations prohibiting business. Clarifying this clause can safeguard the borrower's right to use funds; For lenders, it can monitor the flow of funds, ensure the return of funds and control risks.