模版合同-融资信贷-信贷融资合同(英).docVIP

Document Information Document Name Credit Finance – Drafting Considerations Chapter Credit Finance Language This document was originally drafted in Chinese. Disclaimer While reasonable care is taken to ensure the accuracy and completeness of the publication, The Chapter Editor makes any representations or warranties, express or implied, that the publication is free from errors or omissions. This document is based upon the Editor’s experience only, and should be used for general reference purposes only. Specific and detailed professional advice should always be obtained in relation to any proposed legal agreement. This document should not be relied upon as a substitute for legal or other professional advice. Document Number CC01 Release Number and Date Release 3 December 2008 credit aND finance – drafting considerations introduction This chapter is concerned with a variety of aspects of borrowing and lending and includes a range of documentation from basic lender commitments to security and guarantees. With the exception of Document 4 “Loan Agreement – Short Form” (which does not contain standard representations and warranties and performance covenants) and Document 7 “Comfort Letter”, the documents are prepared from the perspective of protection and preservation of the rights of the lender and not of the borrower. The documentation may be modified for use in connection with direct foreign currency loans or foreign exchange loans in the PRC. Where PRC law applies to the transaction, specific regard should be had to the various legislation in China relating to borrowing and lending. Relevant legislation and regulations In entering into any contracts in the PRC, the parties should, of course, have regard to terms of the Contract Law of the People’s Republic of China. Of particular significance in the PRC Contract Law is Article 12, which permits the content of a contract to be determined, for the most part