金融借贷合同范本（Financial loan contract model）
The Borrower operates Manufacture and sale of the spray-stone (the Stone Business);
For its production and operation， the Borrower intends to borrow money from the Lender. For the mutual benefits， both Parties agree to conclude this Contract.
第一条 借款金额 Article 1 Amount of Loan
US$280，000(Capital Letter： Two Hundred Eighty Thousand US Dollars)
The Lender agrees to advance the Loan US$280，000 to the Borrower prior to the signing of this Contract. The Borrower hereby confirms that it has received the Loan US$280，000 advanced by the Lender through bank transfer.
第二条 借款用途Article 2 Scope for Use
The loan hereof is only for Borrower‘s Stone Business and shall not be appropriated for other use.
第三条 利率及还款期Article 3 Interest and Term Repayment
The Lender agrees that no interest will be payable on the Loan for the term of the loan while the Borrower is not in default of repayment.
The Borrower agrees to repay the Loan to the Lender in accordance with the following repayment schedule：
Repayment due on or before the date 12 months from the date of this agreement.
Repayment due on or before the date 24 months from the date of this agreement.
Repayment due on or before the date 36 months from the date of this agreement.
All repayments shall be made at the time and place and in the manner reasonably required by the Lender.
第四条 管理费用Article 4 Management Fee
The Borrower agrees to pay to the Lender a sum equivalent to 1.4% of the total income received by the Borrower， from the sales turnover of the Stone Business， during the term of the loan.
Subject to clause 4.3 the Borrower agrees to pay the Management Fee to the Lender in arrears on or before the date 30 days following the end of the previous financial quarter in accordance with the following payment schedule：
Management Fee calculated for the period 1 January – 31 March each year.
Management Fee calculated for the period 1 April – 30 June each year.
Management fee calculated for the period 1 July – 30 September each year.
Management Fee calculated for the period 1 October – 31 December each year.
3.本合同签订之日起的首个季度管理费用自2011年 月 日起正式开始计算。
Management Fee due in respect of the financial quarter within which the date of this agreement falls will only become due on the date of 2011.
In case the Borrower repays the loan US$280，000 within 2 years from the date of this agreement then the obligation to pay the Management fee will cease at the end of the 2 year period.
第五条 浮动抵押 Article 5 Floating Mortgage
The Borrower agrees to Mortgage to the Lender all equipments， raw materials， finished and unfinished goods owned now and in the future by the Borrower.
The value of the Mortgaged properties stipulated in the shall neither be deemed as the price of sale nor as any limit on the Mortgagee‘s right， while the Lender exercises its right.
Subject to any the laws and regulations， any information and certifications in respect of the Mortgaged properties shall be handed over by the Borrower to the Lender after sealed.
The floating Mortgage hereof secures the principal， interests， management fees， compensation， and any other cost arising from the enforcement of the Lender‘s right pursuant to this Contract， including but without limitation court fee， cost for notarization， arbitration fee， attorney fee， fee for custody， traveling expense， compulsory execution fee， assessment fee and auction fee.
The Borrower shall apply for administrative approval， record-keeping and registration on its own fee in thirty days from the signing of this Contract.
The Borrower shall use and keep the Mortgaged properties in a reasonable manner， in case the value of the Mortgaged properties have been reduced by 15% from the agreed value at the date of signing this Contract， the Borrower shall inform the Lender. The Lender is entitled to require the Borrower for appropriate securities or for repayment immediately.
The Lender is entitled to exercise its Mortgagee‘s right， in the following cases：
The Borrower is in default of its obligation hereof;
The Borrower‘s business has seriously deteriorated or reduced the registered capital.
(3)借款方分立、合并; The Borrower is to be or has been divided or merged;
The Borrower is involved in an important litigation or any other dispute of which the amount is above 300，000RMB.
The borrower risks to bankruptcy or goes bankrupt， closes out， dissolves， has been asked to suspend business to raise standards or has its license revoked;
The business place or the legal representative has been changed;
The Lender could not enforce the Mortgagee‘s right because of any other event due to the Borrower.
If any case above said occurs or more than likely to occur， the floating Mortgage converts into being fixed Mortgage at the date of notice sent by the Lender. If the Borrower refuses to sign receipt， it is deemed to have received the notice sent by the Lender in according article 14.
第六条 陈述与保证Article 6 Presentations and Warranties
The Borrower hereby presents and warrants all the following facts， otherwise it shall be liable for fraud.
The Borrower has the entire， valid and legal ownership of the Mortgaged properties without any dispute or claim.
No defect on the Mortgaged properties.
The Mortgaged properties are legally available for Mortgage without any limitation.
The Mortgaged properties haven‘t been sealed or seized.
Without the Lender‘s prior written consent， the Borrower hereby warrants that during the term of this Contract， it will not：
Pay any dividend in respect of its profits to its shareholders;
Not acquire an aggregate of more than US$25，000 worth of plant or equipment in a calendar quarter;
Remortgage， reMortgage， rent or give the Mortgaged properties to any other person;
第七条 经销Article 7 Distribution
The Borrower agrees that the Lender may distribute the “spray-stone” and “super-stone” products (“Stone Products”) anywhere in the world and on whatever terms it sees fit for the term of this agreement.
The Borrower agrees that from the date of this agreement until 31 December 2013 it will sell the Stone Products to the Lender at a price no higher than the lowest price for which it sold the Stone Products in the immediately preceding 3 month period.
The rights conferred by this clause are non-exclusive.
The Lender agrees that it will not prior to 31 December 2013 sell the Stone Products to any existing customer of the Borrower at the time of this agreement. Only those customers of the Borrower confirmed in writing by the Parties hereof at the time of this agreement have the binding effect.
第八条 监督检查Article 8 Supervision
The Lender and the Surety have the right to supervise the use of loan. The Borrower shall provide all kinds of facility to the Lender and Surety to check the relevant documents， accounting books， accounting vouchers， inventory， production and any other information relating to the solvency of the Borrower.
第九条 违约责任Article 9 Liability
1. As if the Borrower appropriates the loan from use stipulated herein， the Lender is entitled to get back the entire loan immediately and to claim for interests on the amount of loan appropriated at the rate of 12%/year.
As if the Borrower fails the repay the loan in time， the Lender is entitled to get back the entire loan immediately and to claim for delayed repayment interest at the rate of 0.05% per day.
第十条 法律适用Article 10 Governing Law
The validity，performance， modification， termination and interpretation of this Contract are governed by law.
第十一条 争议解决Article 11 Dispute Resolution
Any dispute arising from the validity，performance， modification，termination or interpretation of this Contract， may be settled by negotiation. If an agreement could not be reached， then both Parties agree to submit the dispute to the court which has the jurisdiction over the matter.
第十二条 通知Article 12 Notice
The Lender appoints as the particular for receipt.
2. 借款方指定本合同事宜的联系人为 .
2. The Borrower appoints as the particular for receipt.
Any notices， documents and material arising from the performance of this Contract shall be sent to the contact stipulated by this Article. During the Term， if one Party changes its particular for receipt of notices or the latter‘s contact， shall give written notice to the other Party in accordance with this Article.
All notices shall be deemed served three days after the date of posting or， if hand delivered， on the actual date of receipt.
第十三条合同生效与解释 Article 13 Validity and Interpretation
This Contract is made out in five copies; the Lender and Borrower respectively hold one， the rest copies are for administrative approval， registration or record-keeping. This Contract comes into force from the day on which its signed by the representative of each Party.