Contoh Perjanjian Hutang

LOAN AGREEMENT

THIS LOAN AGREEMENT is made on [___] (the “Agreement”).

BY AND BETWEEN:

1.              PT______, a limited liability company duly established and existing under the laws of Indonesia, having its principal office at _______, Indonesia (the “Lender”).

2.              PT ______, a limited liability company duly established and existing under the laws of Indonesia, having its principal office at _______, Indonesia (the “Borrower”).

The Lender and the Borrower are collectively referred to as the “Parties”, and each one of them as a “Party”.

WITNESSETH:

WHEREAS, the Borrower intends to borrow certain amount from the Lender, and the Lender has agreed to lend such amount to the Borrower, pursuant to the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and premises and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to enter into this Agreement to document their agreements as stipulated in the above recital pursuant to the following terms and conditions:

1.              Definitions and Interpretations

In this Agreement, unless the context requires otherwise, the following terms have the meanings ascribed next to them:

“Assets” means businesses, undertakings, securities, properties, revenues or rights of every description and whether present or future, actual or contingent.

“Business Day” means a day (other than Saturday and Sunday) on which banks are open for general business in Indonesia.

“Date of Advance” means [___].

“Loan” means the loan facility extended by the Lender to the Borrower pursuant to terms and conditions of this Agreement.

“Maturity Date” is as defined in Clause 3.1 of this Agreement.

“Payment Date” is as defined in Clause 9.2 of this Agreement.

“Security Interest” means any mortgage, pledge, lien, charge (fixed or floating), assignment, conditional or forward or prepaid sale, set-off or trust arrangement for the purpose of creating security, reservation of title or security interest or any other agreement or arrangement having a substantially similar effect.

“US$” or “Dollar” means the currency of the United States of America. 

2.              The Loan

The aggregate principal amount of the Loan is US$ [___] (as may be amended pursuant to the terms of this Agreement).  The Borrower hereby agrees and acknowledges that an amount of US$ [___] has been made available in full by the Lender on the Date of Advance to the following bank account as instructed by the Borrower:

Bank/Branch:               [___]
Address:                       [___]
SWIFT Code:               [___]
For account of:                        [___]
Account number:         [___].

3.              Maturity Date

3.1.         Except to the extent already prepaid or repaid under Clause 9 of this Agreement, the Borrower shall repay all principal amounts due on the Loan in United States Dollar, together with accrued and unpaid interest thereon and any other sum then owed by it under this Agreement, on the date falling [___] years from the Date of Advance (such date, the “Maturity Date”).

3.2.         Any principal amounts repaid or prepaid under this Agreement may not be re-borrowed.

4.              Interest

4.1.         Interest shall accrue on the outstanding principal amount of the Loan until all amounts owing under the Loan have been repaid or prepaid in full at [___] per annum.

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