China Loan Agreement

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					LOAN AGREEMENT


  by and between


[NAME OF PARTY A]

       and

[NAME OF PARTY B]



DATE: ____________
                                    LOAN AGREEMENT

This Loan Agreement is entered into on ___________ [insert date], in ________, China by and between the
following two parties:

       Party A: [NAME OF PARTY A], a _________________ [describe form of company] duly organized
       and existing under the laws of the People’s Republic of China, with its address at
       ___________________________.

       Party B: [NAME OF PARTY B], a _________________ [describe form of company] duly organized
       and existing under the laws of the People’s Republic of China, with its address at
       ___________________________.

WHEREAS:

1.     Party B desires to receive funding for ___________________________ [insert reason for loan]; and

2.     Party A desires to provide Party B with a loan in RMB.


NOW THEREFORE, Party A and Party B hereby agree on the following terms and conditions and agree
to perform this Agreement according to such terms and conditions on the principle of equality and
mutual benefit:


                   ARTICLE 1 – AMOUNT AND TERM OF THE LOAN
1.1    The term of the Loan shall commence on the _______ day of ____________________, _______ and
       shall terminate on the __________ day of ____________________, _________.

1.2    The term of this Agreement may be extended upon written agreement by the parties.

1.3    Party A shall, subject to the terms and conditions of this Agreement, extend to Party B an interest-
       free loan in the amount of ______________________________ RMB (herein referred to as the
       “Loan”).

1.4    Party B shall repay in full to Party A the amount of the Loan that Party A actually extends to
       Party B prior to the expiration of the term set forth in Section 1.1, and any extension thereof.

                          ARTICLE 2 – USE OF LOAN PROCEEDS
2.1    Within __________________ (____________) [insert the number of days in both words and numerals]
       business days after execution of this Agreement, Party A shall make the full amount of the Loan
       available to Party B by depositing such sums into the following account designated by Party B:

       Account Name: ________________________________________________
       Bank Name: ___________________________________________________
       Bank No.: _____________________________________________________
       Account No.: __________________________________________________
                                                   -3-


2.2     Party B shall not use the Loan for any illegal purposes. In the event that Party B uses the Loan for
        any purpose in violation of the laws and regulations of the People’s Republic of China, Party A
        may, at any time, require Party B to repay the Loan.

        ARTICLE 3 – REPRESENTATIONS AND WARRANTIES OF PARTY B
Party B hereby represents and warrants to Party A that:

3.1     Party B is a legal citizen of the People’s Republic of China, and has all the necessary rights,
        powers and capabilities to enter into and perform all the duties and obligations set forth herein.

3.2     This Agreement shall be binding upon Party B upon execution hereof.

3.3     Party B shall appropriately resolve any issues not covered hereunder in cooperation with Party
        A, in accordance with all relevant laws and policies of the People’s Republic of China.

        ARTICLE 4 – REPRESENTATIONS AND WARRANTIES OF PARTY A
Party A hereby represents and warrants to Party B that:

4.1     Party A is a ________________________ [insert type of company, e.g. limited liability, etc] company,
        established and existing under the laws of the People’s Republic of China, and has all the
        necessary rights, powers and capabilities to enter into and perform all the duties and obligations
        set forth herein.

4.2     This Agreement shall be binding upon Party A upon execution hereof.

4.3     Party A shall appropriately resolve any issues not covered hereunder in cooperation with Party
        B, in accordance with all relevant laws and policies of the People’s Republic of China.

                               ARTICLE 5 – CONFIDENTIALITY
5.1     Neither party shall, without the prior written consent of the other party, disclose to a third party
        the terms of this Agreement or any other information revealed by any party hereto during the
        performance of this Agreement, except as required for compliance with any applicable laws and
        regulations, court rules, and/or governmental, regulatory or stock exchange rules; unless such
        information becomes publicly known not due to a violation hereof.

                                       ARTICLE 6 – WAIVER
6.1     No waiver of any breach hereof, or failure of any party in exercising any rights granted herein,
        shall operate as a waiver of any other breach or further breach hereof, nor waiver of the rights
        hereunder.

6.2     Any allowance, grace period and/or deferred exercise of the rights entitled under this Agreement
        granted by one party in connection with the other party’s default or delay shall not be deemed as
        a waiver by such party of its rights and shall not prejudice, affect or restrict any of the rights
        which such party shall be entitled to under this Agreement and relevant People’s Republic of
        China laws and regulations.
                                                   -4-


                                      ARTICLE 7 – BREACH
7.1    Failure by either party to perform its obligations hereunder shall constitute a breach of this
       Agreement.

7.2    In the event of a default by any party hereto on its obligations provided in this Agreement, the
       defaulting party shall, upon the receipt of a written notice from the non-defaulting party
       requesting the correction, immediately refrain from such default and shall compensate the non-
       defaulting party for any and all losses and damages thus caused to the non-defaulting party
       within ___________________ (________) [insert the number of days
				
DOCUMENT INFO
Description: Document a loan to an individual or a company doing business in China with this fully editable Loan Agreement template. - The borrower agrees not to use the loan proceeds for any illegal purposes. If the borrower breaches this covenant. the lender may require immediate repayment of the loan. - Each of the parties agrees not to disclose any information revealed in connection with the Agreement except with the prior written consent of the disclosing party, unless required for compliance with the laws and regulations of PRC. - Taxes, fees or expenses payable as a result of the loan will be borne by the party exercising its rights, unless a certain party is otherwise required by law to pay the same. - This Chinese legal form is available in English language version only. A Chinese translation of the document will also be required for it to be legally enforceable. This Loan Agreement for China is provided in MS Word format and can be edited to fit your unique circumstances.
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