质押合同英语中英文对照
股权质押协议书英文
股权质押协议书英文This Agreement is made and entered into on this [Date], by and between [Pledgor's Name], a [Pledgor's Nationality] citizen, with domicile at [Pledgor's Address] (hereinafter referred to as "Pledgor"), and [Pledgee's Name], a company incorporated under the laws of [Pledgee's Country] with registered office at [Pledgee's Address] (hereinafterreferred to as "Pledgee").WHEREAS, Pledgor is the legal holder of [Number of Shares] shares of common stock in [Company Name] (the "Company"), a company incorporated under the laws of [Company's Country], with registered office at [Company's Address], and wishes to pledge such shares as security for the obligations of [Obligor's Name] (the "Obligor") to Pledgee.WHEREAS, Pledgee is willing to accept the shares as security for the obligations of the Obligor.NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereto agree as follows:1. Pledgor hereby pledges to Pledgee [Number of Shares] shares of common stock in the Company (the "Pledged Shares"), which are fully paid and non-assessable, as security for the prompt and complete performance by the Obligor of its obligations to Pledgee under the [Reference to Loan Agreementor Other Obligation Document] dated [Date of Loan Agreementor Other Obligation Document].2. The Pledged Shares shall be held by Pledgee as collateral security for the payment of all amounts due and to become due from the Obligor to Pledgee under the [Reference to Loan Agreement or Other Obligation Document], and for the performance of all covenants and obligations of the Obligor contained therein.3. Pledgor represents and warrants to Pledgee that:a. Pledgor is the legal and beneficial owner of thePledged Shares, free and clear of any liens, encumbrances, or adverse claims; andb. Pledgor has full power and authority to enter into this Agreement and to pledge the Pledged Shares as herein provided.4. Pledgor shall promptly deliver to Pledgee the stock certificates representing the Pledged Shares, properly endorsed or accompanied by stock powers executed in blank,and shall take all such action as may be necessary or appropriate to perfect the pledge of the Pledged Shares.5. Pledgee shall have the right, but not the obligation, to vote the Pledged Shares and to receive any dividends or other distributions thereon, subject to the terms of the [Reference to Loan Agreement or Other Obligation Document].6. Upon the occurrence of any event of default under the[Reference to Loan Agreement or Other Obligation Document], Pledgee may, at its option and in its discretion, sell, assign, or otherwise dispose of the Pledged Shares in such manner and upon such terms as Pledgee may deem appropriate to satisfy the obligations of the Obligor.7. This Agreement shall be governed by and construed in accordance with the laws of [Governing Law].8. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument.9. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.[Pledgor's Signature][Pledgor's Printed Name][Pledgor's Address][Pledgee's Signature][Pledgee's Printed Name][Pledgee's Address]。
英文质押合同协议书
英文质押合同协议书这是小编精心编写的合同文档,其中清晰明确的阐述了合同的各项重要内容与条款,请基于您自己的需求,在此基础上再修改以得到最终合同版本,谢谢!标题:英文质押合同协议书质押合同协议书是指债务人将其拥有的动产或者不动产质押给债权人,作为债权的担保的一种合同。
以下是一份英文质押合同协议书的范本,供您参考。
Contract of PledgeThis Contract of Pledge (hereinafter referred to as the "Contract") is made and entered into as of [Date], by and between [Debtor's Name], a legal person organized and existing under the laws of [Country/Region] (hereinafter referred to as the "Debtor"), and [Creditor's Name], a legal person organized and existing under the laws of [Country/Region] (hereinafter referred to as the "Creditor").BACKGROUND:WHEREAS, the Debtor requires financial assistance from the Creditor and has requested the Creditor to provide a loan to the Debtor; WHEREAS, in order to secure the payment of the loan and interest thereon, the Debtor agrees to pledge certain assets to the Creditor as security for the loan;NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the partieshereto agree as follows:1. pledge assetsThe Debtor hereby pledges and assigns to the Creditor, as security for the loan and interest thereon, the following assets (hereinafter referred to as the "Pledged Assets"):[List the specific assets being pledged]2. terms of pledge(a) The Debtor shall maintain comprehensive insurance coverage on the Pledged Assets in favor of the Creditor for the duration of this Contract.(b) The Debtor shall not sell, transfer, encumber or otherwise dispose of the Pledged Assets without the prior written consent of the Creditor. (c) In the event that the Debtor fails to repay the loan and interest thereon in accordance with the terms and conditions of the loan agreement, the Creditor shall have the right to exercise its rights with respect to the Pledged Assets in order to satisfy the outstanding debt.3. duration of pledgeThis Contract shall remain in effect until the loan and interest thereon have been fully repaid by the Debtor to the Creditor in accordance with the terms and conditions of the loan agreement.4. Governing Law and Dispute ResolutionThis Contract shall be governed by and construed in accordance with the laws of [Country/Region]. Any disputes arising out of or inconnection with this Contract shall be resolved by arbitration in accordance with the rules of the [arbitration institution].IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.Debtor: [Debtor's Name]By: _________________________Name: ______________________Title: ______________________Creditor: [Creditor's Name]By: _________________________Name: ______________________Title: ______________________请根据您的实际情况修改合同中的相关条款,以确保合同符合您的需求。
质押规定合同英语中英文对照
AGREEMENT OF SECURITIES PLEDGE目录SECTION 1第一条DEFINITION定义SECTION 2第二条 PLEDGE质押SECTION 3 NATURE OF LOAN AND PLEDGE第三条贷款和抵押的性质SECTION 4 SCOPE OF PLEDGE AND REDELIVERY OF THE PLEDGED COLLATERAL 第四条承诺抵押品的抵押范围及重新发运SECTION 5 REPRESENTATIONS AND WARRANTIES 第五条陈述与保证SECTION 6 AFFIRMATIVE COVENANTS 第六条肯定性条款SECTION 7 APPOINTMENT OF AGENTS AND ACTIONS BY LENDER第七条代理人指定及贷方行为SECTION 8 SALE AND TREATMENT OF PLEDGED COLLATERAL第八条承诺抵押品的出售及处理SECTION 9 DIVIDENDS AND VOTING RIGHTS 第九条股息及表决权SECTION 10 RIGHTS AND REMEDIES第十条权利及赔偿SECTION 11 APPLICATION OF PROCEEDS OF PLEDGED COLLATERAL IN EVENT OF DEFAULT 第十一条违约情况下承诺抵押品的收益应用SECTION 12 COMPLIANCE WITH SECURITIES LAWS第十二条有价证券法律的遵守SECTION 13 MONETARY RELIEF 第十三条货币补偿SECTION 14 MISCELLANEOUS 第十四条其他款项SECTION 1第一条DEFINITION定义1.1 Use of Defined Terms. Unless otherwise expressly specified herein, defined terms denoting the singular number shall, when in the plural form, denote the plural number of the matter or item to which such defined terms refer, and vice-versa. The Section, Schedule and Exhibit headings used in this Pledge Agreement are descriptive only and shall not affect the construction or meaning of any provision of this Agreement. Unless otherwise specified, the words “hereof,” “herein,” “hereunder” and other similar words refer to this Pledge Agreement as a whole and not just to the Section, subsection or clause in which they are used; and the words “this Agreement” refer to this Pledge Agreement. Unless otherwise specified, references to Sections, Recitals, Schedules and Exhibits are references to Sections of, and Recitals, Schedules and Exhibits to this Agreement.定义术语的使用。
抵押合同的英文版
Mortgage Contract (Short Version)1. PartiesLender: [Lender's Name]Borrower: [Borrower's Name]2. Loan DetailsLoan Amount: [Loan Amount]Interest Rate: [Interest Rate]%Repayment: [Number of Payments] equal monthly installments of [Monthly Payment Amount], commencing on [First Payment Date].3. Security InterestThe Borrower grants the Lender a security interest in [Description of the Property or Asset Being Mortgaged] to secure the repayment of the Loan.4. Obligations of the BorrowerThe Borrower shall repay the Loan in full, including principal and interest, in accordance with the terms of this Contract.The Borrower shall maintain the mortgaged property in good condition and keep it insured against risks as required by the Lender.5. Obligations of the LenderThe Lender shall provide the Loan to the Borrower in accordance with the terms of this Contract.The Lender shall have the right to enforce its security interest in theevent of default by the Borrower.6. Default and EnforcementIf the Borrower defaults in the repayment of the Loan or breaches any other term of this Contract, the Lender shall have the right to enforce its security interest and take any other actions permitted by law to recover the Loan.7. MiscellaneousThis Contract shall be governed by the laws of [Applicable Jurisdiction].Any dispute arising from or relating to this Contract shall be resolved through [Dispute Resolution Mechanism, e.g., arbitration or litigation].8. SignatureLender: ______________________________Date: ______________________________Borrower: ______________________________Date: ______________________________。
质押典当合同书
质押典当合同书英文回答:Pawn Agreement and Bill of Sale。
This Pawn Agreement and Bill of Sale (the "Agreement")is made and entered into this [Date] by and between [Lender] ("Lender") and [Borrower] ("Borrower").1. Purpose。
The purpose of this Agreement is to provide Lender with a security interest in the Collateral (as defined below) as security for the repayment of a loan (the "Loan") in the amount of [Loan Amount] (the "Loan Amount").2. Definitions。
For purposes of this Agreement, the following termsshall have the following meanings:"Collateral" means any and all property pledged by Borrower to Lender as security for the Loan, including but not limited to: [Description of Collateral]."Loan" means the loan in the amount of [Loan Amount] made by Lender to Borrower pursuant to this Agreement."Loan Amount" means the principal amount of the Loan, excluding any interest, fees, or other charges."Maturity Date" means the date on which the Loan is due and payable.3. Grant of Security Interest。
质押合同(范本)
质押合同(范本)英文回答:Pawn Loan Agreement (Sample)。
Pawn Loan Agreement。
This Pawn Loan Agreement (this "Agreement") is entered into on this [Date] by and between [Your Name] ("Borrower") and [Pawn Shop Name] ("Pawnbroker").Article 1. Definitions。
1.1. "Borrower" means the individual identified above as the Borrower.1.2. "Collateral" means the personal property pledged by Borrower to Pawnbroker as security for the Loan.1.3. "Loan" means the amount of money loaned byPawnbroker to Borrower.1.4. "Loan Term" means the period of time for which the Loan is made.1.5. "Maturity Date" means the date on which the Loan becomes due and payable.Article 2. Loan。
2.1. Pawnbroker agrees to lend to Borrower the sum of [Loan Amount] (the "Loan").2.2. Borrower acknowledges that he/she has received the Loan from Pawnbroker.2.3. The Loan shall be evidenced by a pawn ticket issued by Pawnbroker to Borrower.Article 3. Collateral。
股权质押合同(中英双语版)
股权质押合同(中英双语版)甲方(质权人):XX投资有限公司乙方(出质人):XX科技有限公司鉴于XX投资有限公司同意向XX科技有限公司提供人民币1000万元的贷款,XX科技有限公司同意以其持有的XX电子科技股份有限公司的股份作为质押,双方经协商一致,依据相关法律规定,订立本合同,共同遵守。
第一条股权质押基本情况1、乙方持有XX电子科技股份有限公司(以下简称“XX电子”)的股权总数为500,000股,占XX电子总股本的10%。
2、本次质押的股权数量为200,000股,占XX电子总股本的4%。
质押的股权由乙方合法持有,未设定任何抵押或其他质权,且不存在被查封、冻结或任何第三方权利主张的情况。
第二条质押目的本股权质押的目的是为了担保XX科技有限公司向XX投资有限公司的债务,债务金额为人民币1000万元,债务期限为20XX年1月1日至20XX年1月1日。
债务的具体用途为乙方的企业运营资金和项目开发。
第三条股权质押期限1、股权质押期限自本合同签署之日起生效,持续至乙方的上述债务履行完毕之日为止。
2、若乙方提前偿还全部债务,本股权质押合同将在债务清偿后的5个工作日内终止。
3、若乙方未能按期履行债务,则甲方有权根据本合同的规定处理质押的股权,直至债权得到满足。
第四条股权质押的权利与义务(一)乙方权利与义务1、乙方应确保质押股权的真实性、合法性,未存在任何法律纠纷或第三方权利主张。
2、乙方须向甲方披露与质押股权相关的所有重要信息,并在质押期间发生任何变化时及时通知甲方。
3、乙方不得在未经甲方书面同意的情况下转让或进一步设定质权于所质押的股权。
(二)甲方权利与义务1、甲方有权查验与质押股权相关的任何文件和记录。
2、质权在质押期间产生的股息、红利等权益归上海华兴科技有限公司所有。
3、如乙方违反合同规定,甲方有权依法处理质押股权,以实现债权。
第五条违约责任1、若乙方未能按照合同规定的债务期限履行债务,视为违约,应立即补足未偿还的债务本息。
股权质押协议英汉对照
公司乙为在中国设立的有限公司,其从事服装制造和销售 ( 合称“业务” ). 3. The Pledgors are shareholders of Company B, each legally holding such amount of
equity interest of Company B as set forth on the signature page of this Agreement and collectively holding 100% of the issued and outstanding equity interests of Company B (collectively the “ Equity Interest ”).
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Fee ”) to the Pledgee for consulting and related services in connection with the Business.
质权人和公司乙在 2005 年 12 月 28 日签订了签署了《咨询服务协议》 (以下简称《咨询服务 协议》 ) 。 基于该协议, 公司乙需向质权人就其提供的咨询和其他与公司业务相关的服务支付 咨询和服务费(以下简称 “ 咨询服 3;费 ” ) 。
5.
In order to ensure that Company B will perform its obligations under the
此《股权质押协议》 (以下作“协议” )于 2005 年 12 月 28 日在中华人民共和国( “PRC ” 或 “中国” )晋江市由公司甲( “质权人” )与签字页所示的公司乙( “公司乙” )的股东( “出质 人” )共同 订立。公司乙以下签字是为认可本协议。 RECITALS 说明 1. investment. The Pledgee incorporated in Hong Kong, specializes in dress industry and
中山质押合同翻译模板
中山质押合同翻译模板Party A: Pledger (Full name) ________________ (ID Number) ________________ (Address)________________Party B: Pledgee (Full name) ________________ (ID Number) ________________ (Address)________________In order to secure the repayment of debts owed by Party A to Party B, both parties agree to enter into this pledge contract on the following terms:1. Pledge Subject: Party A agrees to pledge the following assets to Party B: ____________ (Specify the assets being pledged, such as real estate, vehicles, securities, etc.).2. Pledge Amount: The total amount of the pledge is ____________ (Specify the total amount of the debts owed by Party A to Party B).3. Term of Pledge: The pledge shall remain in effect until the debts owed by Party A to PartyB have been fully repaid.4. Rights and Obligations of the Pledger:4.1 Party A shall ensure that the pledged assets are free from any encumbrances or disputes.4.2 Party A shall bear all risks and liabilities associated with the pledged assets.4.3 Party A shall provide access to the pledged assets to Party B for inspection and valuation if necessary.4.4 Party A shall notify Party B in writing of any changes to the status of the pledged assets.5. Rights and Obligations of the Pledgee:5.1 Party B may take possession of the pledged assets if Party A defaults on the repayment of debts.5.2 Party B shall exercise due diligence in preserving the value of the pledged assets.5.3 Party B shall not use or dispose of the pledged assets without the consent of Party A.6. Repayment:6.1 Party A shall repay the debts owed to Party B in accordance with the terms agreed upon in the loan agreement.6.2 Upon full repayment of the debts, Party B shall release the pledged assets back to PartyA.7. Default:7.1 In the event of default by Party A, Party B shall have the right to take possession of the pledged assets and sell them to recover the debts owed.7.2 Party B shall notify Party A in writing of the default and provide a grace period for repayment before taking any action.8. Dispute Resolution:8.1 Any disputes arising from this pledge contract shall be resolved through amicable negotiations between the parties.8.2 If a resolution cannot be reached, the parties agree to submit the matter to arbitration in accordance with the laws of the jurisdiction.This pledge contract is made in duplicate, with each party holding one original copy. This contract shall enter into force upon the signatures of both parties.Pledger: ________________ (Signature) Date: ________________Pledgee: ________________ (Signature) Date: ________________This is a general template for a pledge contract for reference purposes. It is advisable to seek legal advice and customize the contract according to the specific circumstances of the transaction.。
质押合同范本
质押合同范本英文回答:Pledge Agreement。
KNOW ALL MEN BY THESE PRESENTS:1. That I, [Your Name], of [Your Address], hereinafter referred to as the "Pledgor", for and in consideration of the sum of [Amount] Dollars ($[Amount]), to me in hand paid by [Pledgee's Name], of [Pledgee's Address], hereinafter referred to as the "Pledgee", the receipt of which ishereby acknowledged, have pledged, transferred, anddelivered unto the Pledgee the following described property, to wit:[Description of Property]2. To have and to hold the same unto the Pledgee, his heirs, executors, administrators, and assigns, as securityfor the payment of a certain promissory note, dated [Date of Note], in the principal sum of [Amount] Dollars ($[Amount]), executed by the Pledgor in favor of the Pledgee, and payable on demand.3. The Pledgor hereby covenants and agrees with the Pledgee, his heirs, executors, administrators, and assigns, that the property hereinabove described is owned by the Pledgor free and clear of all liens and encumbrances, except as hereinabove set forth, and that the Pledgor has the right to pledge the same.4. The Pledgor hereby further covenants and agrees with the Pledgee, his heirs, executors, administrators, and assigns, that the Pledgor will keep the property hereinabove described in good repair and condition, andthat the Pledgor will not remove the same from thePledgor's address set forth above without the prior written consent of the Pledgee.5. The Pledgee hereby agrees that upon payment in full of the promissory note hereinabove described, the Pledgeewill return the property hereinabove described to the Pledgor.6. In the event of default by the Pledgor in the payment of the promissory note hereinabove described, the Pledgee shall have the right to sell the property hereinabove described at public or private sale, without notice to the Pledgor, and to apply the proceeds of such sale to the payment of the promissory note, together with all costs and expenses incurred by the Pledgee in connection with such sale.7. This Pledge Agreement shall be binding upon the Pledgor, his heirs, executors, administrators, and assigns, and upon the Pledgee, his heirs, executors, administrators, and assigns.IN WITNESS WHEREOF, I have hereunto set my hand this [Day] day of [Month], [Year].Pledgor:[Pledgor's Signature][Pledgor's Printed Name]Pledgee:[Pledgee's Signature][Pledgee's Printed Name]中文回答:质押合同范本。
质押合同范本
质押合同范本英文回答:Pawn Contract Template。
This Pawn Contract Template is a legal agreement between you, the borrower, and us, the pawnbroker. By signing this contract, you agree to the terms and conditions of this agreement.The terms of this agreement are as follows:1. You are borrowing [amount of loan] from us.2. You are pledging [item(s) pledged] as security for the loan.3. The loan term is [number] days.4. The interest rate on the loan is [interest rate].5. You must repay the loan by [due date].6. If you do not repay the loan by the due date, we may sell the pledged item(s) to satisfy the debt.7. You understand that we have a lien on the pledged item(s) until the loan is repaid.8. You represent and warrant that you are the owner of the pledged item(s) and that the pledged item(s) are free and clear of any liens or encumbrances.9. You agree to pay all costs and expenses incurred by us in enforcing this agreement, including reasonable attorney's fees.By signing below, you acknowledge that you have read and understood this agreement and that you agree to be bound by its terms and conditions.Borrower's Signature: _____________________________。
质押合同英语中英文对照
AGREEMENT OF SECURITIES PLEDGE 目录SECTION 1第一条DEFINITION定义SECTION 2第二条 PLEDGE质押SECTION 3 NATURE OF LOAN AND PLEDGE第三条贷款和抵押的性质SECTION 4 SCOPE OF PLEDGE AND REDELIVERY OF THE PLEDGED COLLATERAL第四条承诺抵押品的抵押范围及重新发运SECTION 5 REPRESENTATIONS AND WARRANTIES 第五条陈述与保证SECTION 6 AFFIRMATIVE COVENANTS 第六条肯定性条款SECTION 7 APPOINTMENT OF AGENTS AND ACTIONS BY LENDER第七条代理人指定及贷方行为SECTION 8 SALE AND TREATMENT OF PLEDGED COLLATERAL第八条承诺抵押品的出售及处理SECTION 9 DIVIDENDS AND VOTING RIGHTS 第九条股息及表决权SECTION 10 RIGHTS AND REMEDIES第十条权利及赔偿SECTION 11 APPLICATION OF PROCEEDS OF PLEDGED COLLATERAL IN EVENT OF DEFAULT 第十一条违约情况下承诺抵押品的收益应用SECTION 12 COMPLIANCE WITH SECURITIES LAWS第十二条有价证券法律的遵守SECTION 13 MONETARY RELIEF 第十三条货币补偿SECTION 14 MISCELLANEOUS 第十四条其他款项SECTION 1第一条DEFINITION定义1.1 Use of Defined Terms.Unless otherwise expressly specified herein, defined terms denoting the singular number shall, when in the plural form, denote the plural number of the matter or item to which such defined terms refer, and vice-versa.The Section, Schedule and Exhibit headings used in this Pledge Agreement are descriptive only and shall not affect the construction or meaning of any provision of this Agreement.Unless otherwise specified, the words “hereof,”“herein,”“hereunder”and other similar words refer to this Pledge Agreement as a whole and not just to the Section, subsection or clause in which they are used; and the words “this Agreement” refer to this Pledge Agreement.Unless otherwise specified, references to Sections, Recitals, Schedules and Exhibits are references to Sections of, and Recitals, Schedules and Exhibits to this Agreement.定义术语的使用。
中英文股权质押合同
LOAN AGREEMENT OF EQUITY EINTEREST PLEDGETABLE OF CONTENTS1借款Loan2陈述和保证Representations and Warranties3借款人承诺Borrower’s Covenants4违约责任Liability for Default5通知Notices6保密责任Confidentiality7适用法律及争议解决Governing Law and Resolution of Disputes8其他Miscellaneous本借款合同(下称“本合同”)由以下双方于日在中国北京签署:This Loan Agreement (the “Agreement”) is made and entered into by and between the Parties below as of August 5, 2014 in Beijing, the People’s Republic of China (“China”or the “PRC”):(1) 北京某公司(下称“贷款人”),一家依照中国法律设立和存在的外商独资公司,地址为;Beijing A Co., Ltd. (the “Lender”), a wholly foreign-owned enterprise, organized and existing under the laws of the PRC, with its address at ;(2) (下称“借款人”),中国公民。
(the “Borrower”),a citizen of China.贷款人和借款人以下各称为“一方”,统称为“双方”。
The Lender and the Borrower shall each be hereinafter referred to as a “Party”respectively, and they shall be collectively referred to as the “Parties.”鉴于: Whereas:1. 在本协议签署日,借款人持有公司(下称“借款人公司”)9.09%的股权权益。
英文质押合同范本
英文质押合同范本Pledge ContractThis Pledge Contract (the "Contract") is made and entered into as of [date] and between:Party A (the "Pledgor"):Name: [Full name of Pledgor]Address: [Address of Pledgor]Contact Information: [Telephone number or e of Pledgor]Party B (the "Pledgee"):Name: [Full name of Pledgee]Address: [Address of Pledgee]Contact Information: [Telephone number or e of Pledgee]1. PledgeParty A here pledges to Party B the following assets (the "Pledged Assets"): [Describe the nature, quantity, and other relevant detls of the pledged Assets]2. Purpose of PledgeThe purpose of this pledge is to secure the performance of the obligations of Party A under [specify the underlying contract or obligation for which the pledge is given].3. Obligations of the PledgorThe Pledgor undertakes to:(a) Mntn the Pledged Assets in good condition and free from any encumbrances or imprments.(b) Provide Party B with any necessary information or documents related to the Pledged Assets upon request.(c) Not dispose of or encumber the Pledged Assets without the prior written consent of Party B.4. Rights and Remedies of the PledgeeIn the event of default Party A in fulfilling its obligations, Party B shall have the following rights and remedies:(a) To exercise its rights over the Pledged Assets in accordance with applicable laws and this Contract.(b) To sell, transfer, or otherwise dispose of the Pledged Assets to recover the outstanding obligations.5. Release of PledgeThe pledge shall be released upon the full performance of the obligations Party A or upon mutual agreement of both parties.6. Governing Law and JurisdictionThis Contract shall be governed and construed in accordance with the laws of [specify the jurisdiction]. Any disputes arising from this Contract shall be resolved the courts of [specify the jurisdiction].7. Miscellaneous Provisions(a) This Contract constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior negotiations, understandings, and agreements.(b) Any amendments or modifications to this Contract shall be in writing and signed both parties.IN WITNESS WHEREOF, the parties have executed this Pledge Contract as of the date first above written.Party A (Pledgor): [Signature]Party B (Pledgee): [Signature]。
工商银行现金质押合同翻译
ICBC (Logo ) Industrial and Commercial Bank of ChinaNo.B :Zi:【Pledge】 Bank:【Zhongshan branch】 Division:【Zhongshan】 Year:【2011】 No.:【XXX】Personal Loan/Guaranty Contract(The 2010 edition)Borrower: X XX Lender: Zhongshan Division of Industrial & Commercial Bank of China Co.,Ltd.Mortgagor: Pledger: X, XX Guarantor:Special notice: Before signing this contract, the borrower and the surety must read all articles or clauses carefully, and specially pay more attention to the part in bold type. If there are any doubts or ambiguousness, please don‟t hesitate to inquire the lender or the professionals. Once signing this contract, which means that all parties have understood and agreed all articles or clauses of this contract.All parties of this contract, according to relevant law and regulation, on the equal and free will, for clarifying responsibilities and committing credit, sign this contract and promise to comply commonly.Part one Conditions of LoanArticle One: Type and amount of loanThe lender, according to the loan application of borrower, agrees to make the following No. G loan;the amount is RMB 720,000 Yuan (Amount in word: Seven hundred and twenty thousand Yuan) (in the event that the word and figure are different, the word should prevail) .A.Personal Car Self-used LoanB. Personal Car commercial-used LoanC.Personal Comprehensive Consumer LoanD. Personal Business LoanE.Personal Small LoanF. General Commercial Education LoanG. Personal Mortgage LoanH. Personal Home Mortgage LoanI. Personal Credit Loan J. OthersArticle Two: Purpose of loan and method of guaranty2.1 The purpose of the loan in this contract is for Expenses for Studying Abroad. Without the Lender‟sapproval in written, the borrower shall not divert the fund under this loan for any other purpose, and lender has the right to monitor and check the usage of the loan by the method of account analysis, inspection of credentials ,site survey and so on.2.2 The guarantee of this loan shall be in form of B , for the detailed agreement, please refer to therelevant Guaranty Articles.A. MortgageB. PledgeC. SuretyD. OthersArticle Three Life of loanThe period of the loan under the term of this contract is Three years; the actual offering and maturing dates of the loan are on the basis of the instructions on Loan V oucher. The Loan V oucher as the integral part of this contract has equal effect in law as the contract.Article Four Interest rate of loan4.1 The loan interest rate takes the applicable, same period and same grade loan rate declared byPeople‟s Bank of China as the benchmark interest rate to define to increase (increase/decrease)20%, and the interest rate defined by above method must be on the basis of the record in the loan voucher;the interest rate shall be calculated according to the following formulas: monthly interest rate4.2 The benchmark interest rate is adjusted after the loan is granted, and then the loan interest rate mustbe paid by the following No. method.A.The interest rate in this contract shall be carried out for the loan period within (including) one year,and no interest shall be counted for the separate time period; as for the loan period over one year, since January 1 in the following year of date of adjusting benchmark interest rate , the new interest rate shall be confirmed and implemented according to this adjusted benchmark interest rate (If the benchmark interest rate is adjusted twice or above in one calendar year, the last adjustment should prevail) and to the ratio of floated interest rate appointed in the above No. 4.1clause;B.Without any adjustment in the period of the loan;C. Others: .4.3 According to the borrower‟s application, the lender adopts the fixed interest rate within the loanperiod, and then all parties must separately sign the Supplementary Agreement on Fixed Interest Rate which is an appendix of this contract, the clauses uninvolved in this agreement must be implemented according to the clauses or article of the contract and the other substance in this contract continue to be valid.Article Five Granting loan5.1 The prerequisite of granting or continuing granting loan:The guaranty under the term of the contract has been valid and continued being valid (except for the personal credit loan); moreover the borrower has no any defaults under the term of this contract. 5.2 According to law, legislation, regulation and the lender‟s relevant administrative provisions, if theloan is made by trust, the lender, according to the withdrawal application and payment trust of the borrower, can pay the funds under the loan to the borrower‟s client‟s account which is in accordance with usage appointed in this contract, and the borrower must be responsible for the nature and authenticity of collecting account provided by himself or herself.The borrower shall apply for withdrawing deposit to the lender and submit relevant certification materials according to the lender‟s requirement, when the borrower request that the fund of the loan shall be granted by the method of autonomic payment into the borrower‟s account directly. After the lender accepts the method of autonomic payment, the borrower shall regularly inform or notify the lender of the payment status of the fund under the loan.The borrower promise that the fund under the term of this contract will not enter, in any kind, into the stock market, futures market and not be used in the equity investment of capital stock, in project development of real estate, in loan for illegal income and in other projects forbidden clearly to run under the relevant law or legislation of country. Once the borrower breaks the above commitments, the lender shall have the right to declare the loan to be in pre-maturity.5.3 The borrower authorizes the lender to grant the loan by the following method of No. , andinterest rate shall be calculated since the actual date of granting loan.A. The fund under the loan will be remitted into the following account one time only:Name: X, XXAccount No.: 20110XXXXXXXXXXXXXXOpening Bank: Zhongshan division of Industrial and Commercial Bank of Chinaspecial condition of granting loan shall be based on the agreement signed by the lender and the borrower separately.5.4 The loan is remitted from the lender‟s account, which means that the lender fulfills the obligation theof loan completely; the date of remitting just is the date of actual granting loan; the fees occurring when the fund under the loan is remitted must be paid by the borrower; except for the lender‟s fault, any legal consequence occurring, because of wrongly remitting or failing to remit the fund into the assigned account, must be undertaken by the borrower, which will not influence the borrower to fulfill all the obligations under the term of this contract.5.5 After the contract becomes effective, before the loan is granted, because the mortgaged property isdamaged, lost and so on, the value of the collateral decreases, or the mortgaged property is involved in any dispute over qualification or ownership of house, or the lender could not contact the borrower or the surety, or the borrower or surety does not fulfill or probably not fulfill the obligations appointed in this contract, the lender shall have the right to be free from the obligation of granting loan or to require the borrower to provide others guaranty, and will not undertake any losses caused from the above reasons to other parties in this contract.Article Six Repayment6.1 After negotiating, the borrower repays the principal and interest on the loan by the following methodof No.: HA.Monthly payment of equivalent amount of principal and interest ( to gather the interest each month), the borrower voluntarily choose the date of each month as repayment day; The repayment date corresponds to the actual date of granting loan, in the event that the borrower does not assign the repayment day; without the corresponding day, the last day of the month is regarded as repayment day; the repayment day of the last term is assigned as the maturity of the loan; the borrower shall pay the principal and interest since the following month after granting loan.Number of months for repaymentLoan principal X Monthly interest rate X (1+Monthly interest rate)Monthly repayment amount of principal and interest = -----------------------------------------------------------------------------------------------------------------------------------------------Number of months for repayment(1+Monthly interest rate) -1 B.Monthly payment of equivalent amount of principal ( to gather the interest each month), the borrower voluntarily choose the date of each month as repayment day; The repayment daterepayment day; without the corresponding day, the last day of the month is regarded as repayment day; the repayment day of the last term is assigned as the maturity of the loan; the borrower shall repay the loan since the following month after granting loan.Loan principalMonthly repayment amount of principal and interest =------------------------------------ + (Loan principal -Loan principal repaid) X Monthly interest rateNumber of months of loanC. Monthly payment of equivalent amount of principal (to gather the interest each day), the borrowervoluntarily choose the date of each month as repayment day; The repayment date correspondswithout the corresponding day, the last day of the month is regarded as repayment day; the repayment day of the last term is assigned as the maturity of the loan; the borrower shall repay the loan since the following month after granting loan.Loan principalMonthly repayment amount of principal and interest = ------------------------------------ + (Loan principal-Loan principal repaid) X Daily interest rate X Actual days of this termNumber of months of loangather the interest each day), (to gather the interest each day), the interest rate of each term equals the product of the actual days of each term and the daily interest rate multiplied each other; the first term of repayment day; the time intervals among the first-term repayment day, the actual date of granting loan and repayment day of adjacent terms is or are week(s)( repayment period); the day of the last term is assigned as the maturity of the loan.Number of terms for repaymentLoan principal X Termly interest rate X (1+Termly interest rate)Termly repayment amount of principal and interest = -----------------------------------------------------------------------------------------------------------------------------------------------Number of terms for repayment(1+Termly interest rate) -1E.By (Per week, per two week or per three week) payment of equivalent amount of principal(to gather the interest each day), the interest rate of each term equals the product of the actual days of each term and the daily interest rate multiplied each other; the first term of repayment day; the time intervals among the first-term repayment day , the actual date of granting loan and repayment day of adjacent terms is or are week(s)( repayment period); the day of the last term is assigned as the maturity of the loan.Loan principalMonthly repayment amount of principal and interest = ------------------------------------ + (Loan principal-Loan principal repaid) X Daily interest rate X Actual days of this termNumber of terms of loanF.Repayment at will, the borrower and the lender assign that the lowest termly repayment amount isRMB(Amount in figures) Yuan; each term the amount repaid by the borrower will not be lower than the lowest repayment amount; the lowest repayment amount remain unchanged even when the interest rate is adjusted, but in the event that the borrower repays the loan by the lowest repayment amount all along, the adjustment of interest will cause the last-term repayment amount obviously different from the lowest repayment amount assigned in this clause; therefore the borrower shall arrange and adjust the termly repayment amount, and within 15 working days before the expiry date of the loan, proactively gain the information from the lender on the last-term amount supposed to be repaid.The repayment date of each term, the balance in the borrower‟s repayment account of the loan is considered as his or her repayment amount of this term, the part of exceeding the lowest repayment amount is regarded as prepayment; the lowest repayment amount each term remains unchanged, after prepaying the loan, and the loan periods are correspondingly shortened (for this reason causes the variety of the loan periods, the interest of the outstanding part of the loan is calculated on the basis of the original loan interest rate); In the event that the borrower needs to reduce the lowest repayment amount of each term, the borrower shall apply for it to the lender and repay the loan on new standard in the following month after the lender agrees.The borrower and the lender appoint the date of each month as the repayment day, and repayment is implemented since the date of the following month after the loan is granted; the repayment day of the last term is regarded as the expiry date of the loan.G.On the expiry day ,repay the principal and interest one time only;H.To pay the interest monthly, and to pay the principal by one time only(month/six months/ one timeonly), the borrower can voluntarily choose (date)of each month as the repayment day, in the event that the borrower does not assign the repayment day, the repayment day corresponds to the actual date of granting the loan; without the corresponding day, the last day of the month is regarded as repayment day; the repayment day of the last term is assigned as the maturity of the loan; the borrower shall repay the loan since the following month after granting loan.I.Others: .6.2 The borrower does not enjoy (enjoy/ not enjoy) the grace period; the period is , which iscalculated since the actual date of granting loan; within the grace period, the borrower only pay thenot repay the loan principal; After the expiry day of the grace period, the borrower repays the loan principal and interest according to the repayment method assigned in the contract.6.3 In the event that the date of granting loan under the term of the contract does not correspond to theassigned repayment date, the interest of the first and the last terms of repayment must be calculated and collected according to the interest rate assigned in the article four and the actual occupied days.6.4 The borrower assigns the following personal clearing account opened in the ICBC as his or herrepayment account:Repayment Account A:Name: X,XXAccount: 20110XXXXXXXXXXXXXOpening Bank: Zhongshan division of Industrial and Commercial Bank of ChinaRepayment Account B:Name:Account:Opening Bank:6.5 Before the repayment date each term, the borrower shall sufficiently deposit loan principal andinterest into the repayment account, and authorize the lender to gather the loan principal and interest from the repayment account on the order of the repayment account A first and then the repayment account B; in the event of the outstanding loan principal and interest or others fees, the borrower shall deposit some money into the repayment account in time and authorize the lender to collect the amount supposed to repay. In the event that the amount in the repayment account is insufficient to pay the funds due and paid under the term of this contract, the lender shall have the right to make the decision on repayment order of fees, interest (including penalty interest and compound interest) and principal.6.6 In the event of the repayment account lost reporting, frozen, payment stopping, cancelled or therepayment account that the borrower needs to alter, the borrower shall complete the procedures of alteration in the loan bank. Before the alteration takes effect, in the event that the fund can‟t be gathered the fund from the original account sufficiently, the borrower shall apply for repaying on counter at the loan bank; in the event that the borrower does not complete the procedures of alteration of repayment account or does not repay the fund on the lender‟s counter in time which leads to the due loan principal and interest or others fees not to be repaid sufficiently on time, the borrower shall undertake the relevant responsibilities for default,.Article Seven Prepayment7.1 To prepay the whole or a part of the loan, the borrower shall apply for prepayment in written to thelender, after obtaining the approval from the lender; the borrower can prepay the loan.7.2 The borrower must meet the following conditions if he or she wants to prepay the loan.A. The borrower agrees (√within the period assigned in the loan contract; √within the monthof after granting the loan) that in the event of applying for prepayment, he or she needs to pay the lender compensation for repayment by one time only according to the following standard: compensation for prepayment= amount of prepayment X monthly interest rate of the loanB. As for partial prepayment, the amount prepayment is not less than: RMB Ten thousand YuanC. When the prepayment is implemented, there shall not be any due funds payable under the term ofthe contract; which include but not limit to loan principal, interest, penalty interest, liquidated damages, compensation and other fees.D.7.3 The interest of part of prepayment is calculated and collected according to the interest and actuallyoccupied days assigned in No. four article; in the event that the borrower prepays the whole principal of the loan, the whole interest of loan shall be liquidated.7.4 Because of the borrower‟s prepayment, which causes the variety of loan periods, the interest rate ofthe loan of the outstanding part shall be defined according to the following method of No.A. To be calculated according to the original interest rate of the loan.B. Since the date of shortening period, the loan interest rate has been implemented according to theadjusted benchmark interest rate to which the actual loan period corresponds and to the Article four, but interest calculated and collected before the shortening period is not traced back to adjustment.Article Eight Loan ExtensionNot to repay the fund under the terms of the contract on time and to need a loan extension, the borrower shall apply for the extension to the lender in written before 30 days of the maturity of the loan, after the lender‟s examination and approval for extension, the borrower and the lender two parties shall sign an agreement of extension in addition; if the lender disagree to extend the lean period, the borrower still repay the loan principal and interest according to the agreement in the contract.Article Nine Penalty Interest9.1 In the event that the borrower does not replay the loan according to the date assigned in the contract(including the pre- maturity announced), the lender shall have the right to calculate and gather the interest daily according to the rate of penalty interest; as for the interest can‟t be paid on time, the compound interest will be collected according to the penalty interest rate; the penalty interest rate shall be fixed to add 50% on the basis of the interest rate assigned in Article four.9.2 The borrower does not use the loan according to the agreement in the contract, and the lender shallhave the right to calculate and gather the interest daily according to the rate of penalty interest; as for the interest can‟t be paid on time, the compound interest will be collected according to the penalty interest rate; the penalty interest rate shall be fixed to add 100% on the basis of the interest rate assigned in Article four.9.3 The interest rate is adjusted on the basis of agreement in No. 4.2 clause; the penalty interest rate willbe changed correspondingly after adjusting the interest rate; its change circle is in accordance with penalty interest rate.Article Ten Security of GuarantyThe surety‟s scope of guarantee is defined according to the following No. / method:10.1 Full-stage joint and several liability guaranty: the guarantor shall undertake the relatedresponsibilities of guaranty for the total loan principal, interest, penalty interest, compoundall other fees paid by the borrower under the terms of this contract.10.2 Periodic joint and several liability guaranty: the guarantor shall undertake the relatedresponsibilities of guaranty for the total loan principal, interest, penalty interest, compound interest, compensation, the fees caused from the lender‟s realizing his or her rights, and all other fees paid by the borrower under the terms of this contract; but in the event of meeting the No. / term, as for the borrower‟s debts are in maturity after the date of meeting conditions, the debts shall be exempted from the guaranty responsibilities.A.The procedures of mortgage registration have been handled completely, and the lender has receivedthe certificate of the other rights of mortgage that records the above information on official mortgage registration.B.Others:Article Eleven Dispute SettlementIn the event that dispute occurs when the contract is implemented, all parties shall actively negotiate to settle the dispute, if fail to negotiate, all parties shall settle the dispute according to the following method of No. B :A.To submit to the Arbitration Commission and to hold the arbitration at .B.To file a suit in the people‟s court of the location of the lender.C.To file a suit in the people‟s court of the location of signing the contract ( the location of signing thecontract : ).D.Others:Article Twelve Effectiveness of the Contract12.1 This contract becomes effective since the date of signature (seal).12.2 This contract is in duplicate, each party and ∕holds one; both of them have the same legaleffect.Article Thirteen Supplement Clauses□In the event that the contract adopts the highest amount to guarantee, the guarantee contract No. is ( Contract).Mortgaged Properties ListPledged Properties listPart Two General ArticlesArticle Fourteen Default and Responsibilities for Default14.1 Any one of the following statuses leads to default of the borrower:A. The borrower does not completely and appropriately obey or not fulfill any of his or hercommitments, guaranties, obligations or responsibilities under the terms of this contract;B. The borrower or the surety provides false information or obscures some important truths;C. The borrower is dead, pronounced dead or missing, the person whose civil capacity is limited,losing the civil capacity and having no inheritor, legatee, guardian or property custodian; or the borrower‟s inheritor, legatee, guardian or property custodian refuses to implement the obligations under the terms of the contract on behalf of the borrower;D. The borrower‟s personal freedom is restricted because the borrower is involved in criminal case,lawsuit, arbitration or dispute, or because the borrower is detained, placed in criminal detention, undergoing rehabilitation through labor;E. Any other debts of the borrower are not repaid after the maturity (including pre-maturityannounced); the borrower do not implement the guaranty responsibility or other obligation that he or she shall undertake; any status that has affected or probably affects the borrower to implement the obligations under the terms of this contract.F. There are some changes in the guaranty under the terms of the contract , which are not beneficial tothe crediting right of the lender, and the borrower fails to recover the secured property value according to the borrower‟s requirement, or the borrower can‟t separately provide the new guarantee accepted by the lender;G. During the period of the personal business loan, the operational entity of the borrower refuses ordoesn‟t coordinate the lender to investigate, understand and check the statuses of finance and operation;H. The mortgaged property is closed down by the relevant authority, sentenced by the People‟s Court orArbitration Committee to the paying-a-debt-in-kind assets or ruled to third party;I. The borrower does not repay the principal and interest of the loan in full amount on time for consecutive three times or cumulative six times;J. Within the duration of extension of the loan, the borrower breaches the terms of other loan contract signed by the borrower and the ICBC;K. Other statuses influence the principal and interest of the loan to be sufficiently paid on time;14.2 In the event that the borrower has the default status appointed in clause 14.1, the lender shall havethe right to take the following one or more measures:(1) To require the borrower to correct default actions within a time limit;(2) To require the borrower to provide other guaranty approved by the lender;(3) To stop granting the loan and other financial funds under the terms of the contract or of othercontract; to cancel partly or fully the loan and other financial funds that are not withdrawn by the borrower;(4) To pronounce that the outstanding loan and other financial funds are due immediately under theterms of the contract or other contract signed by the lender and the borrower; to require the borrower to repay the outstanding funds and the interest, penalty interest and other fees occurring;(5) To terminate the contract;(6) To require the borrower to compensate the lender‟s losses because of the borrower‟s default;(7) The other measures stipulated by law or legislation, appointed in this contract or considered to benecessary by the lender;Article Fifteen Joint LoanIn the event that more than two persons (including two persons) apply for a loan together, any one of the borrowers shall implement the obligations under the terms of the contract, bearing joint and several liabilities for the whole loan; the lender shall have the right to claim for the outstanding principal and interest of the loan and other payable fees from any one of the borrowers.Article Sixteen Deduction16.1 When the borrower does not repay the due ( including pre-maturity announced) principal, interest,penalty interest, liquidated damages, compensation or other fees of the loan under the terms of the contract according to the agreement in contract, the lender shall have the right to deduct the corresponding funds for repayment from all the currency accounts or foreign currency accounts opened by the borrower in the ICBC, until all the borrower‟s debts under the terms of the contract are repaid completely. The funds deducted by the lender is insufficient to repay all the debts of the borrower, the lender shall have the right to decide the order of repayment, but the lender shall inform the borrower (except for deducting the due principal, interest, penalty interest, liquidated damages, compensation or other fees of the loan under the terms of the contract from the assigned repayment account). The deduction notice is regarded as delivery in 3 days after the notice is dispatched. If the borrower has any dissenting opinions on the deduction, he or she shall put these opinions forward in written to the lender within 7 working days since the date of the deduction notice delivered.16.2 When the lender deducts the funds from the borrower‟s unexpired fixed deposits, if the wholesaving deposits needs to be withdrawn in advance, t he interest shall be calculated and paid at the interest rate of saving deposits quoted on the day of withdrawal; if the partial saving deposits is to be withdrawn in advance, the interest of partial withdrawal shall be calculated and paid at the interest rate of saving deposits quoted on the day of withdrawal, and the interest of the rest at the maturity shall be calculated and paid on the basis of the interest rate for fixed deposits of the date when the account of fixed deposit is opened; The borrower undertakes any losses in interest because of the deduction.16.3 when the currency of deducted funds is not consistent with the one assigned in the contract , thededucted funds shall be converted on the basis of the exchange rate accepted by the lender at the date of deduction; the interest and other fees and the difference that is caused from the currency fluctuations occurring during the period from the deduction day to the repayment day (the date when the lender, according to the State Administration of Foreign Exchange Policies ,converts the deducted funds into the currency assigned in the contract and actually repays the debts under the terms of the contract ) shall be paid by the borrower.。
质押借款合同范本格式
质押借款合同范本格式英文回答:Pledge Loan ContractThis Pledge Loan Contract (the "Contract") is made and entered into on [date] and between the following parties:Lender: [Lender's name] (the "Lender")Borrower: [Borrower's name] (the "Borrower")1. Loan Amount and PurposeThe Lender agrees to lend to the Borrower the sum of [amount] (the "Loan") for the purpose of [purpose].2. Interest Rate and Repayment TermsThe interest rate on the Loan shall be [interest rate] per annum. The Borrower shall repay the Loan in installments as follows: [detl the repayment schedule].3. PledgeThe Borrower pledges [description of the pledged Asset] (the "Pledged Asset") to the Lender as security for the repayment of the Loan and the payment of interest and other amounts due under this Contract.4. Rights and Obligations of the LenderThe Lender has the right to inspect the Pledged Asset from time to time to ensure its safety and integrity. In the event of default the Borrower, the Lender has the right to dispose of the Pledged Asset in accordance with the law.5. Rights and Obligations of the BorrowerThe Borrower has the obligation to mntn the Pledged Asset in good condition and to inform the Lender immediately of any damage or loss of the Pledged Asset. The Borrower shall not dispose of the Pledged Asset without the written consent of the Lender.6. Default and RemediesIf the Borrower fls to repay the Loan or any installment thereof on the due date, or fls to ply with any other terms of this Contract, it shall be deemed as adefault. In the event of default, the Lender may take the following remedies: (a) demand immediate repayment of the entire outstanding Loan amount; (b) charge default interest at a rate of [default interest rate] per annum; (c) dispose of the Pledged Asset to recover the outstanding Loan amount, interest and other expenses.7. Governing Law and Dispute ResolutionThis Contract shall be governed and construed in accordance with the laws of [jurisdiction]. Any dispute arising out of or in connection with this Contract shall be resolved through friendly negotiation. If the negotiation fls, either party may submit the dispute to the court of petent jurisdiction for settlement.8. MiscellaneousThis Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and understandings. This Contract may be amended or supplemented only a written agreement signed both parties.Example: Let's say I'm the borrower and I pledge my car as collateral for a loan of $10,000. The interest rate is 5% per annum, and I agree to repay the loan in 12 monthly installments of $900 each. If for some reason I miss a payment, the lender has the right to take action as specified in the contract, such as demanding immediate repayment of the entire remning loan amount or disposing of my car to recover the money owed.Let's also assume that during the loan period, my car gets damaged in an accident. I have the obligation to inform the lender immediately and take steps to repr it to mntn its value. If I try to sell the car without the lender's consent, I would be in violation of the contract.In conclusion, a pledge loan contract is a serious legal document that both the lender and the borrower need to abide to ensure a smooth and fr borrowing and lending process.中文回答:质押借款合同1. 借款金额及用途2. 利率及还款条款3. 质押4. 出借人的权利和义务出借人有权不时检查质押资产,以确保其安全和完整性。
船舶质押合同
船舶质押合同Ship Mortgage Contract船舶质押合同是船舶所有人或经营人为担保其债务履行,将其所拥有的船舶作为质押物,与债权人签订的一种法律文件。
本合同旨在明确双方的权利和义务,确保质押物的安全、有效管理和处置。
This ship mortgage contract is a legal document signed by the shipowner or operator and the creditor, in which the shipowner or operator pledges the ship they own as collateral to secure the performance of their debts. The purpose of this contract is to clarify the rights and obligations of both parties and ensure the safety, effective management, and disposal of the collateral.根据本合同,船舶所有人或经营人(以下简称“出质人”)同意将其名下的船舶作为质押物,质押给债权人(以下简称“质权人”)。
质权人同意接受该船舶作为质押,并在出质人履行其债务之前,保留对该船舶的占有和控制权。
Under this contract, the shipowner or operator (hereinafter referred to as the "mortgagor") agrees to pledge the ship under their name as collateral to the creditor (hereinafter referred to as the "mortgagee"). The mortgagee agrees to accept the ship as collateral and retains the right to possess and control the ship until the mortgagor fulfills their debt obligations.在质押期间,出质人应确保船舶的完好无损,并承担船舶的日常维护、保险和修理等费用。
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A G R E E M E N T O F S E C U R I T I E S P L E D G E目录SECTION 1第一条DEFINITION定义SECTION 2第二条PLEDGE质押SECTION 3 NATURE OF LOAN AND PLEDGE第三条贷款和抵押的性质SECTION 4 SCOPE OF PLEDGE AND REDELIVERY OF THE PLEDGED COLLATERAL 第四条承诺抵押品的抵押范围及重新发运SECTION 5 REPRESENTA TIONS AND WARRANTIES 第五条陈述与保证SECTION 6 AFFIRMATIVE COVENANTS 第六条肯定性条款SECTION 7 APPOINTMENT OF AGENTS AND ACTIONS BY LENDER第七条代理人指定及贷方行为SECTION 8 SALE AND TREATMENT OF PLEDGED COLLATERAL第八条承诺抵押品的出售及处理SECTION 9 DIVIDENDS AND VOTING RIGHTS 第九条股息及表决权SECTION 10 RIGHTS AND REMEDIES第十条权利及赔偿SECTION 11 APPLICATION OF PROCEEDS OF PLEDGED COLLATERAL IN EVENT OFDEFAULT第十一条违约情况下承诺抵押品的收益应用SECTION 12 COMPLIANCE WITH SECURITIES LAWS第十二条有价证券法律的遵守SECTION 13 MONETARY RELIEF 第十三条货币补偿SECTION 14 MISCELLANEOUS 第十四条其他款项SECTION 1第一条DEFINITION定义1.1 Use of Defined Terms. Unless otherwise expressly specified herein, defined terms denoting the singular number shall, when in the plural form, denote the plural number of the matter or item to which such defined terms refer, and vice-versa. The Section, Schedule and Exhibit headings used in this Pledge Agreement are descriptive only and shall not affect the construction or meaning of any provision of this Agreement. Unless otherwise specified, the words “hereof,” “herein,” “hereunder” and other similarwords refer to this Pledge Agreement as a whole and not just to the Section, subsection or clause in which they are used; and the words “this Agreement” refer to this Pledge Agreement. Unless ot herwise specified, references to Sections, Recitals, Schedules and Exhibits are references to Sections of, and Recitals, Schedules and Exhibits to this Agreement.定义术语的使用。
除非在此另作明确详细说明,表示单数的定义术语,如果以复数形式出现,则表示此定义术语所指的事宜或事项的复数,反之亦然。
本抵押协议中使用的条,附件以及附件标题仅具有描述性,不得对本协议中任何条款的构建和意义造成影响。
除非另作说明,“本协议中”,“依据本协议”,“在本协议内”这样的词以及其他类似的词语系指此质押协议的整体,而不仅仅是使用这些词语的节,小节或条;“本协议”这些词系指本抵押协议。
除非明确表示另有所指,本协议中在使用节、陈述、附表及证明时,所指涉的均系本协议之节、陈述、附表及证明。
1.2 Statements as to Knowledge. Any statements, representations or warranties which are based upon the knowledge of the Pledgor shall be deemed to have been made after due inquiry with respect to the matter in question.认知声明。
在抵押人认知基础上的任何声明,陈述或保证均应被视为在对所涉及事宜进行正当询问之后做出。
SECTION 2第二条PLEDGE质押2.1 Pledge by Pledgor. The Pledgor hereby pledges, and assigns to the Lender, and hereby transfers to the Lender all right, title, ownership and interest in and to (all the foregoing herein called the “Pledge”), the following described property hereinafter called the “Pledged Collateral”: the ______ shares of ______ ( ), together with any certificates, whether physical or electronic, evidencing such shares (collectively, the “Pledged Shares”) and all cash, instruments, securities or other property representing a dividend or other distribution on any of the Pledged Shares, or representing a distribution or return of capital upon or in respect of the Pledged Shares, or resulting from a split-up, revision, reclassification or other like change of the Pledged Shares or otherwise received in exchange therefore, and any warrants, rights or options issued to the holders of, or otherwise in respect of, the Pledged Shares, and all proceeds thereof (collectively, the “Pledged Collateral”).抵押人的抵押。
抵押人在此向贷方抵押,转让,转移所有权利,所有权和利息(本协议中所有前述事项均称为“抵押”),以下描述的财产简称为“承诺抵押品”:______的股份,连同任何证明这种股份的物质或电子凭证(统称为“抵押股份”)以及所有现金,工具,有价证券,或者其他代表股息或其他抵押股份任何分配的财产,或者代表根据或有关抵押股份的资金分配或返回,或者由于对抵押股份进行股本分割,修正,重新分类或其他类似改变,或者相反,因此作为交换而接收,以及对持有人发放的任何抵押股份或反之与其有关的保证,权利,或选择,以及本协议中的所有收益(统称“承诺抵押品”)。
SECTION 3 NATURE OF LOAN AND PLEDGE第三条贷款和抵押的性质3.1 Non-Recourse Loan and Pledge. The Lender agrees, for itself, its representatives, successors and assigns that: (i) neither the Pledgor, nor any representative, successor, assign or affiliate of the Pledgor, shall be personally liable for the Principal Loan Amount; and (ii) the Lender, and any such representative, successor or assignee, shall look only to the property identified in this Pledge Agreement for payment of the Obligations and will not make any claim or institute any action or proceeding against the Pledgor, or any representatives, successors, assigns or affiliate of the Pledgor, for any deficiency remaining after collection upon the Pledged Collateral, except as provided below.无追索权贷款及抵押。
贷方为自己,其代表,继承人及受让人,同意:(1)抵押人,或者抵押人的任何代表,继承人,受让人或附属者中任何一方不得个人对主要贷款金额负责;(2)贷方,以及任何代表,继承人或受托人仅能将本抵押协议中定义的财产作为支付债务,不得以获得承诺抵押品后仍有任何损失为由向抵押人,或者抵押人的任何代表,继承人,受让人或附属者提出任何索赔,采取任何行动或起诉,除非有下述情况。
Provided, however, notwithstanding the foregoing, the Pledgor is and will remain personally liable for any deficiency remaining after collection of the Pledges Collateral to the extent of any loss suffered by Lender, or its representatives, successors, endorsees or assigns, is caused by Pledgor based in whole or in part upon damages arising from any fraud, misrepresentations or the breach of any representation, warranty or agreement in the Loan Documents.尽管如前述事项,但如果抵押人个人正在并保持对获得承诺抵押品之后依然存在的任何贷方,或者其代表,继承人,被背书人或受让人蒙受的任何程度的损失负责,及任何由抵押人对陈述,保证或贷款文件中的协议进行任何欺骗,歪曲引起的整体或部分损失。