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1、借款合同范本 英文借款合同范本 英文一: This Agreement is made in Haidian District, _(Placename)on _,_,_(M,D,Y) among the following parties: AAA (Passport No.: _); BBB (ID No.: _); CCC (ID No.: _); DDD (ID No.: _); EEE (ID No.: _); FFF (ID No.: _); and HHH Co., Ltd., with official address being: _(Address)hereinafter

2、“HHH”). Whereas: A. III entered into a three-year term loan agreement with HHH on _,_,_(M,D,Y). Pursuant to the said loan Agreement, III has borrowed RMB_ from HHH to invest in the establishment of JJJ Co., Ltd. (hereinafter “JJJ Company”). B. BBB entered into a three-year term loan agreement with H

3、HH on _,_,_(M,D,Y). Pursuant to the said loan agreement, BBB has borrowed RMB_ from HHH to invest in the establishment of the JJJ Company. C. The JJJ Company was 70% owned by III and 30% owned by BBB right after its establishment. D. III entered into the share transfer agreement on _,_,_(M,D,Y) with

4、 each of AAA, CCC, DDD, EEE and FFF. Pursuant to the said share transfer agreements, III has transferred 30% of the shares of the JJJ Company to AAA and 10% of the shares of the JJJ Company to each of CCC, DDD, EEE and FFF. E. A debt transfer and assumption agreement was entered into on _,_,_(M,D,Y)

5、 among III, AAA, CCC, DDD, EEE, FFF and HHH. Pursuant to the said debt transfer and assumption agreement, III has transferred his repayment obligation under the aforementioned loan agreement with HHH to AAA, CCC, DDD, EEE, and FFF; AAA has assumed RMB_ loan obligation from III and each of CCC, DDD,

6、EEE and FFF has assumed RMB_loan obligation from III. F. As of the date of this Agreement, each of AAA and BBB owns 30% of the shares of the JJJ Company and each of CCC, DDD, EEE and FFF owns 10% of the shares of the JJJ Company. To maintain their interest in the JJJ Company, each of AAA and BBB owe

7、s HHH RMB_ and each of CCC, DDD, EEE and FFF owes HHH RMB_. Therefore, the parties agree to the following regarding the repayment of loan from each of AAA, BBB, CCC, DDD, EEE and FFF to HHH: 1. Repayment of Loan 1.1 HHH has the right to request each of AAA, BBB, CCC, DDD, EEE and FFF (each hereinaft

8、er “the borrowing party”) to transfer his/her interest in the JJJ Company to HHH or any person specified by HHH at any time; provided that such transfer will not be in violation of PRC laws and regulations. 1.2 The borrowing party shall execute all necessary documents relating to the transfer of the

9、 interest in the JJJ Company within three days following the receipt of the transfer request from HHH and shall cooperate with the designated transferee to complete all the procedures relating to the transfer of the interest in the JJJ Company. 1.3 Should the borrowing party transfer part of his/her

10、 interest in the JJJ Company to HHH or the person specified by HHH under HHH request, the borrowing party shall be viewed as having repaid the amount of the loan as calculated in accordance with the following formula: X=T(multiplication symbol) (A degrees(division symbol)B). X means the amount of th

11、e loan deemed repaid, T means the total amount of the loan, A means the number of shares of the JJJ Company being transferred to HHH or the person specified by HHH, and B means the total number of the shares of the JJJ Company held by the borrowing party. 1.4 HHH agrees that the borrowing partys ful

12、fillment of the obligation to transfer his/her full interest in the JJJ Company to HHH or the person specified by HHH shall be viewed as having repaid all of his/her loan. 1.5 Unless with the written consent of the borrowing party, HHH shall not request the borrowing party to repay his/her loan in a

13、ny form other than the transfer of the interest of the JJJ Company. 1.6 Unless with the written consent of the HHH, the borrowing party shall not transfer any of his/her interest in the JJJ Company to any third party. 1.7 The parties, on the basis of equality, mutual benefit and both faith and throu

14、gh friendly negotiations, shall determine the method of the repayment if the borrowing party, under the PRC laws and regulations, is not able to transfer his/her interest in the JJJ Company to HHH or the person specified by HHH. 2. Effective and Miscellaneous 2.1 This Agreement goes into effect as o

15、f the date of signature by the parties. 2.2 Should there is any conflict between this Agreement and any other prior agreements or arrangements among the parties, the terms of this Agreement shall prevail. 2.3 This Agreement has seven original copies with equal legal force and each to be held by one

16、party. 2.4 Matters uncovered by this Agreement may be separately discussed and decided by the parties. * This Agreement is originally written in Chinese and this is an English translation. 借款合同范本 英文二: 借款人: borrower: 貸款人: lender: 抵押人: mortgagor: 保證人: surety : 出質(zhì)人: pledgeor: 為明確各方權(quán)利和義務(wù),根據(jù)合同法、貸款通則和其他有關(guān)

17、法律、法規(guī),訂立本合同。 this contract is made in line with the contract law of the peoples republic of china and the general provisions of loans of the peoples bank of china to specify the rights and obligations of parties involved. 借 貸 條 款 loan borrowing clause 第一條 借款金額。見36.1 article 1. amount of loan: refer

18、to 36.1 第二條 借款用途。見36.2 article 2. purpose of loan: refer to 36.2 第三條 借款期限。 article 3. life of loan 3.1見36.3。 3.1 refer to 36.3 3.2借據(jù)或貸款憑證是本合同不可分割的組成部分。借款的實際放款日和還款日以借款 人、貸款人雙方辦理的借據(jù)或憑證上所記載的日期為準(zhǔn)。除日期外,借據(jù)或憑證其他記載事項 如與本合同不一致的,以本合同為準(zhǔn)。 3.2 a certificate of indebtedness or a loan voucher is an integral part o

19、f 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 ex

20、cept date, the latter shall prevail. 第四條 借款劃付。在借款人辦妥借款手續(xù)后5個營業(yè)日內(nèi)將全部款項劃至借款人指定的賬戶,劃付次數(shù)、時間、金額見 36.4 。 第五條 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

21、36.4 for the frequency, time and amount of transferring 第五條 借款利率和計息。 article 5. interest rate of loan and calculation 5.1借款利率。本合同項下借款利率根據(jù)國家有關(guān)規(guī)定,確定利率見36.5 。遇利率調(diào)整時,借款期限在1年(含)以下的,執(zhí)行合同利率,不分段計息;借款期限在1年以上的,實行分段計息,從利率調(diào)整的次年1月1日開始,按相應(yīng)利率的檔次執(zhí)行新的利率;如借款人未按約定時間歸還借款本息或未按合同約定用途使用借款,貸款人將按國家規(guī)定對借款人計收罰息,罰息率見36.6。 5.1 i

22、nterest 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 ye

23、ar, 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 cont

24、ract, 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遇利率調(diào)整時,實行分段計息的,貸款人有權(quán)根據(jù)國家有關(guān)規(guī)定自行調(diào)整,不另行通知借款人。 5.2 in case of calculating interest on multi-stage basis due to adjustment of interest rate, the lender shall be e

25、ntitled to adjust the interest rate on his own without further notice to the borrower. 第六條 還款方式。 article 6 type of repayment of loan 6.1借款人應(yīng)在貸款人開設(shè)帳戶,戶名和帳號見 36.7 ,并保證在每次還款日前足額存入當(dāng)期應(yīng)還款項的存款。借款人在此授權(quán)貸款人從借款人該帳戶中扣收借款本金、利息和可能發(fā)生的復(fù)利、罰息、違約金、保費、損害賠償金及實現(xiàn)債權(quán)的費用(含律師費和訴訟費)。如該帳戶資產(chǎn)不足以歸還到期的貸款本息,貸款人有權(quán)從借款人在中國工商銀行任何分支機(jī)構(gòu)開立的

26、任何帳戶劃收。 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,

27、 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 s

28、hall be entitled to collect from any account opened by the borrower with any branch of icbc. 6.2貸款人與借款人雙方商定,自貸款發(fā)放次月起,借款人按月歸還貸款本息(一次性還本付息除外),還款期數(shù)及還款方式見 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 sec

29、ond 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借款期間遇利率調(diào)整,如執(zhí)行本合同5.1條實行分段計息的,對借款期限在1年以上的,應(yīng)從利率調(diào)整的次年1月1日開始根據(jù)未償還借款余額和剩余還款期數(shù)進(jìn)行調(diào)整,重新計算還款金額。 6.3 in case of multi-stage calculation of interest as specified in 5.1 due to adjustment

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