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only for Borrower‘s Stone Business and shall not be appropriated for other use. 第三條 利率及還款期Article 3 Interest and Term Repayment 1. 如果借款方在合同約定的還期限內還清借款,貸款方則不收取借款利息。 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. 2. 借款方應按照以下還款期向貸款方償還借款: The Borrower agrees to repay the Loan to the Lender in accordance with the following repayment schedule: 在本合同簽訂之日起十二個月內償還借款 美元; Repayment due on or before the date 12 months from the date of this agreement. 在本合同簽訂之日起二十四個月內償還借款 美元; Repayment due on or before the date 24 months from the date of this agreement. 在合同簽訂之日起三十六個月內償還借款 美元。 Repayment due on or before the date 36 months from the date of this agreement. 3. 借款方應根據(jù)貸款方合理要求的時間、場所和方式還款。 All repayments shall be made at the time and place and in the manner reasonably required by the Lender. 第四條 管理費用Article 4 Management Fee ,向貸款方支付管理費用,%. The Borrower agrees to pay to the Lender a sum equivalent to % of the total ine received by the Borrower, from the sales turnover of the Stone Business, during the term of the loan. 2. ,付款時間表如下: Subject to clause 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: 每年一月一日至三月三十一日期間的管理費用; Management Fee calculated for the period 1 January – 31 March each year. 每年四月一日至六月三十日期間的管理費用; Management Fee calculated for the period 1 April – 30 June each year. 每年七月一日至九月三十日期間的管理費用; Management fee calculated for the period 1 July – 30 September each year. 每年十月一日至十二月三十一日期間的管理費用。 Management Fee calculated for the period 1 October – 31 December each year. 月 日起正式開始計算。 Management Fee due in respect of the financial quarter within which the date of this agreement falls will only bee due on the date of 2011. 4. 如果借款方在本合同簽訂之日起兩年內提前還清借款280,000美元,借款方支付管理費用的義務自合同簽訂之日起兩年后終止。 In case the Borrower repays the loan US280,000 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. 第五條 浮動抵押 Article 5 Floating Mortgage 1. 借款方以其現(xiàn)有的和將來擁有的生產(chǎn)設備、原材料、成品和半成品向貸款方提供抵押。 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. 2.《抵押物清單》對抵押物價值的約定,并不作為貸款方依本合同對抵押物進行處分的估價依據(jù),也不構成貸款方行使抵押權的任何限制。 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. 3. 抵押物的相關有效證明和資料由當事人確認封存后,由借款方交與貸款方保管,但法律法規(guī)另有規(guī)定的除外。 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. 4. 浮動抵押擔保的范圍為本金、利息、管理費、違約金、賠償金以及實現(xiàn)債權所發(fā)生的一切費用,包括但不限于訴訟費、公證費、仲裁費、律師費、財產(chǎn)保全費、差旅費、執(zhí)行費、評估費、拍賣費等。 The floating Mortgage hereof secures the principal, interests, management fees, pensation, 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, pulsory execution fee, assessment fee and auction fee. 5. 借款方應自本合同簽訂之日起三十日內向有關部門辦理本合同的審批、備案和登記等事宜,所產(chǎn)生的費用由借款方承擔。 The Borrower shall apply for administrative approval, recordkeeping and registration on its own fee in thirty days from the signing of this Contract. 6. 借款方應當合理使用和妥善保管抵押物,如抵押物的價值比本合同簽訂時的評估價減少15%以上的,借款方應當在三日內通知貸款方。貸款方有權要求借款方繼續(xù)提供相應擔?;蛘咛崆斑€款。 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. 7. 貸款方在借款方發(fā)生以下情形之一時,可以行使抵押權: The Lender is entitled to exercise its Mortgagee‘s right, in the following cases: (1)借款方違反本合同所約定的義務; The Borrower is in default of its obligation hereof; (2)經(jīng)營情況嚴重惡化、減少注冊資本; 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; (4)借款方涉及重大糾紛訴訟,涉案標的30萬元人民幣以上; The Borrower is involved in an important litigation or any other dispute of which the amount is above 300,000RMB. (5)借款方破產(chǎn)、歇業(yè)、解散、被停業(yè)整頓、被吊銷營業(yè)執(zhí)照; 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; (6)借款方住所或法定代表人發(fā)生變更; The business place or the legal representative has been changed; (7)其他因借款方原因可能導致貸款方擁有抵押權無法實現(xiàn)的情形。 The Lender could not enforce the Mortgagee‘s right because of any other event due to the Borrower. 借款方發(fā)生或很可能發(fā)生以上情形之一的,貸款方書面通知借款方之日為浮動抵押財產(chǎn)確定之日。若借款方不簽