贷款合同英文(2)

　　3. the all documents， materials， reports and certificates provided to the lender by the borrower for consummation of this contract is true， real， compete and effective

　　4. the borrower shall not conceal the following events which is being happened or have been happened which will cause the lender refuse to extend the loan：

　　（1） the borrower or the principal executives of the borrower involve in material events which breach regulations， laws or compensation to others；

　　（2） pending actions and arbitration；

　　（3） the borrowers debts or proposed debts or liens and other encumbrances；

　　（4） the other matters will impact the financial status or abilities of repayment for the debts；

　　（5） the borrower breached contract which is between the borrower and other creditors.

　　ii. the borrower hereby warrants as follows：

　　1. using the capital of the loan as usage set forth in this contract， the borrower will not use the loan as equity investment； the borrower will not use the capital of the loan invest in security， future， real estate etc. the borrower will not lend to the others privately or involving other maters which is prohibited by the country. the borrower will not misusing or appropriation of the loan.

　　2. making payment and related expenses in accordance with the provisions set forth in this contract；

　　3. providing updated financial statement or financial bulletin every quarter； providing the audited financial report at the first quart of each year； providing operation report， financial report or other files and materials and shall warrant the reality， correct and effectiveness for the files and materials；

　　4. any anti-guaranty or other similar documents will not make any impact on the rights and benefits of the lenders；

　　5. accepting the supervision of the lender， provides assistance and cooperation for the lenders supervisions；

　　6. will not reduce the registration capital； prior approval from the lender shall be required when the borrower changes of shareholders and operation manner（including but not limited to joint venture， cooperation， jointly cooperation； dissolution， closedown， liquidation， transformation； merger； change to share company， use the housing， machinery or other real assets or trademark， intellectual property， knowhow， landing using rights or other intangible assets to invest in share company or investment company， trading of operation right or own right by contracting， joint operation， trusteeship）

　　7. the borrower shall inform the lender and warrants the liability under its security will not more than net assets of the borrower when the borrower guarantee for other party or mortgage its assets. the borrower warrants that will not dispose the assets which will make adverse impact on its ability of paying debts.

　　8. the borrower will not pay the other similar loans prior to the lender；

　　9. the borrower warrants to inform the lender immediately when the following events occurred：

　　（1） the event of breach of contract under this contract or other loan or guaranty contracts between the borrower and any branches of bank of china or other banks， non-bank financial organization；

　　（2） the borrower changes shareholders or revise the article of association；

　　（3） the borrower suffer difficulties and bad result in financial and operation；

　　（4） the borrower involves in material actions or arbitration；

　　10. the borrower shall keep sufficient balance for repayment prior [***] to the due date.

　　11. the borrower shall keep its bank transactions regarding income collection， sell foreign currency or buy foreign currency ect. shall be conducted at the lender or other branches of the lender. the turn-over for the capital shall satisfy the demand of the lender；

　　iii. the borrowers representations and warrants hereunder this contract shall be effective even though any mendment， supplements or revised to be made to this contract.

　　article 12 representations and warrants of the lender

　　i. the lender represents and warrants as follows：

　　1. the lender is a state-owned commercial bank or branch duly organized and validly existing under the law of p.r.c and approved by the industry and commercial administration and holds the financial institutions legal person licenses and financial institutions operation license to be qualified to operate financial business.

　　2. the lender has taken all necessary action to authorize the execution of this contract and performance of its obligations under this contract. the lender is duly authorized to extend this loan.

　　ii. the lender warrants as follows：

　　1. the lender shall extend the loan in accordance with the provisions set forth in this contract.

　　2. collect interests in accordance with the regulations of the peoples bank.

　　article 13 events of breach contract and settlement：

　　i. settlement of the borrower breach of contract

　　1. event of breach of contract：

　　（1） the borrower fails to use the loan in accordance with the agreed usage of the loan；

　　（2） the borrower fails to repay the due principal and pay the interests， expenses or other payable in accordance with the agreed term of this contract；

　　（3） the borrower breaches the representation and warrants set forth in article 11.

　　（4） the borrower breaches other loan agreements or guaranty agreements or the guarantor breach the guaranty agreement which may make impact the borrower to perform the obligations under this contract.

　　（5） conclusive evidence to show that the borrower lose the capacity of credit or during performance of the obligation under this contract， the financial conditions of the guarantor are seriously deteriorating or other reasons caused the guarantor the capacity of credit decline.

　　（6） the borrower breaches the other obligations under this contract.

　　2. under the above circumstances， the lender shall have right to：

　　（1） request the borrower to rectify within the period designed by the lender；

　　（2） cease in extending the loan or cancel the credit；

　　（3） declare the loan under this contract is due and the lender shall have right to deduct the outstanding amount from the account of the borrower. the borrower shall not appeal against the lender.

　　（4） declare the loan is due under other loan agreements between the lender and the borrower， request the borrower to repay the loan principals， interests， and other expenses.