范文
Loan Agreement
This Loan Agreement is entered into this __ day of ____, 20__,
BY AND BETWEEN
[Lender], a company incorporated and validly existing in [Country], hereinafter referred to as “Lender”, represented by [Name], title [Position], of legal age and with legal capacity to enter into binding agreements,
AND
[Borrower], a company incorporated and validly existing in [Country], hereinafter referred to as “Borrower”, represented by [Name], title [Position], of legal age and with legal capacity to enter into binding agreements.
WHEREAS,
The Lender is a financial institution duly organized and validly existing in accordance with the laws of [Country]; The Borrower has applied and requested a loan of [amount] from the Lender; The Lender has agreed to provide the loan, under the terms and conditions hereinafter stated; and The Parties have acknowledged that they have read and agree to be bound by this Loan Agreement (“Agreement”).
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Loan.
1.1 The Lender agrees to loan to Borrower the sum of [amount] (hereinafter referred to as the “Loan”).
1.2 The Borrower agrees to accept the Loan and to use it for [purpose], and the Lender further acknowledges that it has no disposition over the Loan after the Borrower receives it.
2. Interest Rates and Payments.
2.1 The Loan shall bear interest at a rate of [interest rate] per annum, accruing continuously, calculated on the basis of a year of 365 days.
2.2 The Borrower shall make a total of [number of] payment of [amount] (each a “Payment”) in accordance with the payments schedule set forth in Exhibit A to this Agreement.
3. Default and Remedies.
3.1 A default shall be deemed to have occurred when any of the following events take place:
(a) The Borrower fails to make a payment hereunder within [number of] days after the date on which such payment is due;
(b) The Lender becomes aware of any event or circumstances that could reasonably be expected to have a material adverse effect on the Borrower’s ability to perform its obligations and liabilities hereunder; or
(c ) The Borrower fails to comply with any other term or condition of this Agreement.
3.2 In the event of default, the Lender shall be entitled to all remedies available in law, in equity or otherwise provided for in this Agreement. In particular, the Lender shall be entitled to accelerate the repayment of the Loan and this Agreement, plus all accrued interest or compensations, and to exercise any other rights or remedies provided hereby or by applicable law.
4. Representations and Warranties.
The Borrower hereby represents and warrants to the Lender the following:
(a ) The Borrower is validly incorporated and in good standing under the laws of its jurisdiction of incorporation;
(b) The Borrower has all necessary power and authority to execute and deliver this Agreement;
(c ) This Agreement is a valid, binding and enforceable obligation of the Borrower, enforceable in accordance with its terms, subject to bankruptcy, insolvency and other laws of general application affecting the enforcement of creditors’ rights;
(d) The Borrower has taken all necessary action to authorize the execution and delivery of this Agreement and the transactions contemplated hereby;
(e ) The transaction contemplated hereby does not violate any applicable laws, rules and regulations in the jurisdiction in which the Borrower is organized or in which it operates; and
(f) The Borrower is not in breach or violation of any agreement, obligation or duty it may have towards any third party.
5. Miscellaneous.
5.1 Waiver. The waiver by either of the parties of any breach or default by the other of its obligations hereunder shall not be deemed a waiver of any other breach or default.
5.2 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity shall not affect any other provisions of this Agreement and such invalid or unenforceable provision shall be severed from this Agreement.
5.3 Notices. All notices required or in any way relating to this Agreement shall be sufficiently given, when in writing and sent by registered mail, e-mail or equivalent means of communication.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives as of the date first above mentioned.
[Lender]
By: ________
[Name], Title [Position]
[Borrower]
By: ________
[Name], Title [Position]
